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To be bracing myself for landlord to try and take all our £1,200 deposit back

(106 Posts)
Helpmepleasenow48 Mon 08-Apr-19 08:03:51

We are now the proud FTB/owners of our first home. We were previously renting for 10 years and moved to our new home 2 weeks ago
Now the property we were renting was in a state needing decoration when we moved in. Things went wrong as soon as moved in - only minor things like drawers coming out and hinges going and a mirror frame fell apart when we moved it. The upstairs toilet seat broke but it was an an unusual shape so the landlord had to order a new one and even when it was replaced the hinges weren't and ended up going rusty. The garden bricks started falling apart from frost.
Then the bathroom floor got a hole and the oven stopped working and the boiler made s terrible noise.
We reported all these things to the landlord but only the oven was fixed. Over the years she put the rent up from £750 to £995. She never visited and even left her agreement with the rental agency so they all but collected the rent. Anyway about four years ago we knew we were going to come into some money and we communicated with the landlord that we might buy the property. Basically we had it valued but she wanted more than the value, we also had building work and damp proof costed - which would have cost at least £30k.
So we put in an offer on a property nearby in November and now own it. We did our best to clean the property - we gave her a month's notice, but we think she's peed off because we didn't give her more notice/offer her more for the property. When we told her the bathroom floor was broken she told us she expected us to mend it. She said she was renting and made minor improvemts to her home. We know she's on an interest only mortgage because all her mortgage statements were sent to the address. She paid £500 a month and her mortgage is actually more than our new one! She owes £220k and we have £200k mortgage. This I digress a bit but we are pretty sure this income hasn't been declared to HMRC as I set up a limited company and rang them last week to change address they wanted to know who owned the property. I told them we rented through a letting agent.
So now worried I may have dobbed landlord in and we won't get our deposit back.

Sitdownstandup Thu 11-Apr-19 11:14:16

You did back down very easily, but otoh sometimes a lower amount of money now is more important than getting a bit more in the future.

Gravelface Thu 11-Apr-19 11:00:44

Though opening her post isn't great, it could be in fact of interest to the tenant if the landlord hasn't got a BTL mortgage given the potential implications of repossession.

Jocasta2018 Thu 11-Apr-19 10:59:20

I have to say that once the LL didn't repair things for which she was responsible, I would've been returning-to-sender any letter that was addressed to her. You were her tenants not her secretary!

LimpidPools Thu 11-Apr-19 10:39:15

No idea why you kept conceding money. You just gave her £260 for no reason confused and reconfirmed to her that being a lying, greedy arse is productive. So what if she's a mortgage prisoner?

But I guess if you're happy with it, that's up to you.

BishopBrennansArse Thu 11-Apr-19 10:27:00

Ok. Now she's screwed you for money you didn't owe write to the mortgage company and HMRC and let them know she's letting the property.

You've paid her money when you had zero obligation to.

NoSquirrels Thu 11-Apr-19 10:20:27

If you’re happy with that then that’s OK. You’d have got it all in dispute but sometimes it’s worth the peace of mind of having it settled. Enjoy being a homeowner! (And put away money for repairs/emergencies/overpaying the mortgage!)

RhubarbTea Thu 11-Apr-19 10:18:20

You lost £270 when you didn't need to, love. That's a shame. But glad you got the majority of it back. Next time, hold firm and don't concede ANYTHING.

Helpmepleasenow48 Thu 11-Apr-19 07:33:59

Okay - LL is going to pay us £920 of the £1,190.50 deposit we paid. I know it's not ideal, but it means we get the money back today. Also - we have worked out she's a mortgage prisoner, unable to get a normal deal.
So she can't sell and is being forced to rent out so she can keep renting where she lives, she doesn't want to move back to the house...
Thank you for all your support here, 99% of you have been kind and it has given me the emotional oomph I needed to get even back what we have. I do feel we could have cleaned the place a bit better...

Charley50 Wed 10-Apr-19 20:21:02

I don't understand why you are conceding anything. You don't owe her anything. 10 years anything that's dirty, lost or even damaged, is all reasonable wear and tear, especially as she did nothing to the property while you were there.!

Mummyoflittledragon Wed 10-Apr-19 19:20:52

Please stop conceding. Your ll is a snake. Again. I am a ll. I would never treat my tenants like this

Alsohuman Wed 10-Apr-19 19:16:48

Stop conceding, ffs! Dispute the lot and get your money back. Honestly, OP, you’re far too nice for your own good!

NoSquirrels Wed 10-Apr-19 17:40:35

Why are you conceding more now that you have started the dispute? Stop! Let the TDS sort it.

Helpmepleasenow48 Wed 10-Apr-19 17:16:10

Okay she's still pushing us despite the dispute now starting and I've conceded a further £150 so £250 in total.

RhubarbTea Wed 10-Apr-19 13:30:32

Gosh you're not being confrontational at all, you're just doing the right thing. As someone said upthread, she's a chancer.

Helpmepleasenow48 Tue 09-Apr-19 18:28:10

I hope so but assuming the worst! Feel guilty - never like being confrontational but this feels like I am! Yuk!

Alsohuman Tue 09-Apr-19 18:19:56

I’m looking forward to your post telling us you have £1200 in your account.

Mummyoflittledragon Tue 09-Apr-19 18:17:22

Alsohuman
Yeh a family member never used to declare their income. Sold rentals never paid capital gain either. It really pissed me off when I always declared all of mine.

NoSquirrels Tue 09-Apr-19 18:16:31

You don't need luck. You'll get your money back. It is very unusual for TDS to side with the LL if the LL does not have cast-iron proof e.g. receipts, photos, correspondence etc. If there is doubt, they may adjudicate for a lesser amount but you have tried to be reasonable so it's already weighted in your favout.

Your LL possibly does not realise this. Which makes her even shadier than she already sounds. Accidental landlord or not, once you're letting somewhere and taking money for it you are responsible by law for certain things and it's up to you to find this stuff out and comply with what you need to do.

Mummyoflittledragon Tue 09-Apr-19 18:14:51

Good luck. You’ll be fine. I’m a ll as I said upthread. She’s totally unprofessional. Shame on her expecting you to pay her this money. I hope you get the full amount.

Helpmepleasenow48 Tue 09-Apr-19 17:59:47

I've started a dispute with TDS and asking for full payment wish me luck

Alsohuman Tue 09-Apr-19 17:09:01

That isn’t true. There’s no longer tax relief on mortgage interest. The whole of the income is taxable.

Foxmuffin Tue 09-Apr-19 17:06:54

That’s not true re rental income and mortgage payments. In any event, just because there isn’t any tax due doesn’t mean the income doesn’t need to be declared.

Dungeondragon15 Tue 09-Apr-19 16:41:31

If the rental income is used to pay the mortgage the landlord doesn't necessarily owe anything to the HMRC though.

Alsohuman Tue 09-Apr-19 14:30:52

Letting agents now have to tell HMRC about all the landlords they collect rent for too. Tax free rental income is hard to hide now, I imagine a lot of people are going to get a shock.

Charley50 Tue 09-Apr-19 13:45:55

Stand your ground OP. Don't let her take anything. And am I correct in thinking she didn't do an annual gas check?

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