Any risk in pursuing ex-landlord for not complying with tenancy deposit?

[CheekyBanana]

I would be grateful for any advice or experience please?

Long story short: landlord would only renew my tenancy if I agreed not to pursue him for not complying with scheme. He worded it differently, but that's what he meant. I disagreed. Landlord issued s21, which I challenged. He then returned my deposit and re-issued s21. I've since moved out to more expensive flat that I can barely afford.

Letter from his solicitor (inc with returned chq deposit) makes clear that any attempt to claim re not complying with deposit scheme will be heavily challenged and I'll have to pay LLs considerable legal costs. I've been thinking about this for a while now and find myself swaying btw letting it go vs not wanting to be scared off by this dodgy landlord.

Any advice really appreciated. Btw I'm not landlord bashing, my current one is lovely, but the previous one didn't seem to be experienced or to know what the rules are.

[CheekyBanana]

Anyone?

[persepolis123]

In what way did he not comply? Was your deposit not protected?

[Queen0fFeckingEverything]

Did you get the deposit back?

[Sunnyshores]

Bad landlords really annoy me (I consider myself a good responsible landlord), so if he was still being a 'bad' landlord to you (taking money from your deposit etc), then I wouldnt hesitate in saying you should sue.

BUT I'm wondering why you would want to take him to court now when you've got your deposit back in full? Why do you think you're entitled to money from him?

[PetulaGordino]

Contact the deposit scheme company for advice? We pursued a landlord for withholding £30 from the deposit for "administration" . After going through the DPS company it was returned within a few weeks

[CheekyBanana]

Thanks, yes I got the deposit back, but I understand that I would be entitled to claim up to three times that amount from the LL because it wasn't protected properly, in that I wasn't given the certificate or prescribed information until over a year later, when he took steps to get me out.

I don't want to seem opportunist, but it was a really stressful time, I don't want him to get away with it and I've had to pay more rent where I am now.

[CheekyBanana]

I have tried to get advice and the cab say I would have a legitimate claim, but it might cost me more than I'd potentially be awarded. Hmm

[CheekyBanana]

I couldn't say for sure if the deposit was protected properly or not. The certificate I eventually received had the wrong dates on. I received it after one year, along with the prescribed info.

[PetulaGordino]

Ah I misundetstood

I don't understand how they can stop you pursuing it tbh

[CheekyBanana]

Thanks for all replies. Pertula, it's poss me not explaining well. I'll try again.

Landlord said he'd only renew my contract if I signed and agreed to waive my right pursue him for 'any legal liability' in respect if the original tenancy agreement. I stated I wouldn't agree to that.

Sorry if any of this still unclear. Tia

[Sunnyshores]

You do have a legitimate claim, in so much as the law was broken. But you havent actually suffered a loss have you? The law was put there to protect tenants who lose money unfairly.

I think you're being opportunistic and just as bad as greedy landlords, this is why there is such conflict and ever increasing costs for everyone involved in renting/letting. Write a letter if you must and threaten the action, but I dont see that you have any reason to grab x3 deposit and cost taxpayers money in using the courts time.

[CheekyBanana]

I do get your point Sunnyshores, but I've had to rent a more expensive flat that I can barely afford. I didn't choose to leave - and the ll didn't provide gas or electric certificates at any time. Even during notice period he brought prospective tenants round without notice. I hadn't intended to move and that cost a fair bit too. Surely the same law should prompt my ex-ll to do things correctly in future? As he doesn't have any incentive atm?

[ChunkyPickle]

Even if you don't pursue for money, I do think you should report him to all and sundry - council, tenancy deposit schemes etc. It's not on to not have all the paperwork sorted when you're letting a house.

[Sunnyshores]

He'll be paying a solicitor to write the letters to you and no doubt he'll be pretty peed off about it! I suppose I'm trying to give him the benefit of the doubt, but If I knew he hadnt learnt from this and hasnt secured the deposit of the new tenant then yep, sue his a**e.

I just wish there wasnt such friction and distrust all the time between landlords and tenants, it costs us all time, money and stress.

[Sunnyshores]

ChunkyPickle - yes agree def report him.

[specialsubject]

so he broke the law by not protecting the deposit. He broke the law by not giving you a gas-safe certificate. He broke the law by accessing the place without notice and permission. But it was cheap. Funny that.

as long as people keep allowing him to rip them off, he'll keep doing it.

at least you are no longer paying this crook. I don't think that the solicitor's threat is worth anything. Please report the rogue landlord to the council and the rogue solicitor to the SRA.

and please don't rent from crooks in future. You are bloody lucky you got your deposit back.

there are protection measures in place for tenants. Use them.

I'm a landlord.

[CheekyBanana]

Thanks for replies; I'll think on this for a while and probably decide what to do in a few weeks.

In the meantime , I'd still welcome and really appreciate any other comments, advice or experience pls. Most crucially, will I have to pay ll fees if I do decide to go ahead? And would it be through small claims court ? Thanks

[CheekyBanana]

Just seen latest replies. Thanks. Will go and read them properly now.

[MrsMarcJacobs]

I wouldn't pursue - it's a sure fire way of keeping this person in your life and stressing you out. I say this as someone who recently had to hire a solicitor at 250/hour - the money stress of that alone was enough, and it was a good six more months of energy. I avoided even further legal action against a party I had a right to take to court - in the end you just have to decide how much of a toll on your emotions it is really worth. I think you are well rid of him. like the poster above said, can you find anywhere to report him? and please don't write threatening letter back to a solicitor unless you intend to follow through.

[BitterAndOnlySlightlyTwisted]

You haven't actually suffered any financial costs. That your new property is more expensive than the previous one is not material. Under the legislation he would have succeeded in gaining possession eventually. You could have chosen to force him to spend a sizeable sum in going through the possession process but that would not have secured you anything which you don't have now. You did have a few weapons in your arsenal at the time but you didn't use them with regards to gas-safety cert and viewings but that time has passed.

If you really want to piss him off report him for lack of a gas-safety cert to Environmental Health, possibly HMRC as you suspect he's not been reporting the rental-income for tax-purposes. Oh, and send any number of time-wasting letters to his solicitor. It might not earn you a penny but it will likely cost the landlord fifty quid every time for the solicitor to read them.

[BitterAndOnlySlightlyTwisted]

"Most crucially, will I have to pay ll fees if I do decide to go ahead? And would it be through small claims court?"

Depending on how much the deposit was and what three-times of it is, it may not be able to go via the fast-track. This would mean your own costs could be about a grand. If the court does not find in your favour, then you might have to pay the landlord's costs. The court could award the landlord his costs even if you succeeded in your claim.

I don't really fancy your chances now that you've received the whole of your deposit back with no deductions. If he'd withheld it, it would be a completely different story.

[CheekyBanana]

Much food for thought, thank you. Will def stew over. Tbh I was so worried about possibility of being homeless with a toddler - and poss facing hostels / B and B or worse that I just channelled small my time in looking for somewhere I could afford, while asking child are favours from friends so I could work extra hours to pay for deposit and advance rent - and moving costs -on this place. Perhaps that was foolish but I thought best to channel my energy on getting somewhere else. And I didn't want to face court or eviction action.

Totally take point about buying into more stress though. Will think on.

[specialsubject]

oh, and please make sure you now have a protected deposit with the information, a gas safe cert and a landlord who knows he can't just walk in!

[mrsminiverscharlady]

I'd report him to whatever organisations I could and then I'd start up a steady correspondence with his solicitor in the knowledge that every letter he writes to you will be costing the landlord money

[CheekyBanana]

The deposit was £1200. LL issued s21, so I started looking for somewhere else. Shelter really helpful and said s21 poss invalid. I wrote this to LL and He only repaid deposit to me when I insisted that the s21 was invalid due to the deposit non-compliance thingy.

As two months notice came to end, he started bringing prospective tenants round. I knew was wrong and didn't allow them in, but was another battle and I was permanently on edge, so I just wanted out ASAP.