Landlord vanishes with my deposit!

DrGonzo_2

I expect this one has been asked before, but I couldn't find it easily.

We moved out in March after the private landlord couldn't pay the mortgage and we received eviction notices, leaving us with 5 days to move (the original notices were delivered to the wrong flat, but that's by the by). Landlord promised to pay back deposit within the month. After we'd moved, the repossession was cancelled after the landlord coughed up - too late, of course. Immediately, the landlord became aggressive and insisted that he didn't owe us money as we'd broken our tenancy agreement by moving out without giving 1 month's notice. Nonsense of course - to all intents and purposes, we were evicted.

Furthermore, our deposit was not protected by the TDS so he had to return it regardless.

Landlord then claimed to be out of the country 'on business', and stopped responding to my calls and e-mails.

I have filed a small claims court case against him, which passed without a defence, and I subsequently requested a warrant to recover my money. However, the bailiff is unable to act because the Landlord has now rented out his home and moved elsewhere. Apparently, despite the fact the court has awarded me the deposit back, if he doesn't want to be found, we can't find him.

What can I do to get my twelve-hundred notes back?!

Also, I read that technically I can sue for three times the amount held because it was not protected by the TDS. I opted not to do this initially because of karma or something, but I'm considering attempting to use it as bargaining if at all possible.

Thanks in advance guys!

clutton_2

you need a tracing service to find him for you - if you look on https://www.singingpig.co.uk and look on the property sections there is a thread on there about tracing people - site is down at present, but should be up and running next week.

you can go back to court re 3 times the deposit but you need an address for him

i''d get this deposit back first before throwing more court fees away

RHemmings

If the landlord still owns his home, can't you get a charge put on it? Not as good as getting the money back in case, but better than nothing I'd guess.

DrGonzo_2

Thanks for the advice, guys.

RHemmings wrote: »

If the landlord still owns his home, can't you get a charge put on it? Not as good as getting the money back in case, but better than nothing I'd guess.

What exactly do you mean?

silvercar

The landlord has rented out his own home so,

1. he has mail redirected, so post him a letter via odinary post.

2. the tenants legally should know the landlord's address.

3. Land registry would tell you who the loender is for the mortgage on his residential home, they must have an address, though they may not give it to you. Oops, by asking them you may be tipping them off tht he is renting out his home, I hope he asked permission first;)

barnaby-bear

DrGonzo wrote: »

Thanks for the advice, guys.




What exactly do you mean?

Search for charging order it means the LL can't sell the house and pocket the money - there are priorities for charges i.e. the mortgage company will be top and get their money a charging order means after that is paid off the next charge on the list has to be paid off and so on when the house is sold i.e. you'll get money when the LL sells his house before he does... charging orders can be used to force sales technically.... having a charging order makes it harder for him to get credit etc so he may want rid and pay you off...

DrGonzo_2

barnaby-bear wrote: »

Search for charging order it means the LL can't sell the house and pocket the money - there are priorities for charges i.e. the mortgage company will be top and get their money a charging order means after that is paid off the next charge on the list has to be paid off and so on when the house is sold i.e. you'll get money when the LL sells his house before he does... charging orders can be used to force sales technically.... having a charging order makes it harder for him to get credit etc so he may want rid and pay you off...

OK, thanks I shall do.

It drives me mad that despite the bloke breaking the law, owing me money and having a judgement against him, I have to jump through hoops to locate and recover. The council must know where he lives, why can't things be done??

Loretta

I think you my be lucky a you have quite a lot of leads. I would go to his house that he has let. Speak to the tenants, I am sure they will be pleased to hear about your problem as I expect they will experience something similar and would like to be warned, they can then check if their deposit has been protected. They should also have the address of their L/L and if they haven't they should find it from L/A as it sounds if they will need it for themselves too.

If the address you had for your landlord is the address of this other house perhaps you could serve papers there. You could ask the previous LA for an address for him and I think that you can serve papers on the LA

If you look on the electoral roll and he is listed at the address of the other house serve papes there.

Check on the land registry and see if he has a mortgage and let his mortgage company know. If he wants to play games you can make life difficult for him.

Contact the private tenancy officer at your local council, have these new tenants been given a gas certificate etc.? Let your L/L know that you will claim 3 x deposit etc. Bombard him with things from all directions and I am sure you will winkle him out

tbs624

DrGonzo wrote: »

OK, thanks I shall do.

It drives me mad that despite the bloke breaking the law, owing me money and having a judgement against him, I have to jump through hoops to locate and recover. The council must know where he lives, why can't things be done??

Agree with Loretta- tenancy relations officer (TRO) at the local council housing office (private sector team) Many tenants think that only council house tenants can get help from the council but TROs deal with all sorts of LL & T probs in the private sector & do need to know about these LLs, especially when they are still letting property out to other tenants (the LL may already be known to the TRO for other problems)

In addition to the other things suggested here for pursuing the LLs whereabouts, these issues have to be highlighted by tenants so do write to your local MP, to Yvette Cooper, the Housing Minister, and maybe also to Julie Rugg and David Rhodes at the Centre for Housing Policy at York University ( they are undertaking the current review of the housing rentals sector due out this year). Our lawmakers need to know when the law is failing tenants.

Also talk to someone at Shelter's helpline 0808 800 4444 - they may be able to help and they too need to know about cases such as this to be able to further their work on the issues around tenancy deposits.

Captain_Mainwaring_2

DrGonzo wrote: »

OK, thanks I shall do.

It drives me mad that despite the bloke breaking the law, owing me money and having a judgement against him, I have to jump through hoops to locate and recover. The council must know where he lives, why can't things be done??

Same frustration are suffered by LL's chasing sh1tty tenants if that is any comfort to you.
Why should the council know where he lives?

tbs624

CM - in this case the OP does not appear to fall into the category of "sh1tty tenants", as you so eloquently phrase it . He's gained a judgement against his LL and simply wants it to be enforced - it's of no relevance to him whatsoever that some tenants also behave poorly.