Landlord and threats

[Mangococktail]

My landlord of the property i moved out of didn't put the deposit in the tenancy deposit scheme and wants to retain the entire deposit but won't produce invoices nor do I think based on previous rentals this is fair.

He is being evasive and threatening.

What should I do?

Speak to Shelter charity tomorrow.

Take them to court. There will be advice on Shelter website or Citizens Advice website on how to do this.

https://www.gov.uk/tenancy-deposit-protection/if-your-landlord-doesnt-protect-your-deposit

in your next communication I would be very clear that you know your rights and unless he returns your deposit you will be taking him to county court where you’ll get it all returned plus costs and potentially more for failure to keep it in the scheme.

next time make sure they use the scheme and follow the procedure set out if they don’t!

good luck. I agree with consulting CAB etc if you get no response.

Thanks everyone. I visited these sites and advised him of the various legal stuff online quoted by reputable sources.

He says he's an experienced landlord and I've been badly advised (without giving any details!)

He says if I pursue the deposit he will sue me for damage that he would otherwise let go

But the onky damage was some marking to the hall wall

He says the painting alone cost him £1657

I asked for an invoice but he won't provide one

I told him legally he needs to provide invoices

He says I am obviously stressed by the move and he's sympathetic but I now need to stop being difficult

Court or tribunal, depending on where in the UK you are.

Contact an organisation dealing with tenants' rights. Something like Shelter, Citizens Advice, Justice for Tenants (if you're in England), the union Living Rent might be able to help you in Scotland.

Depending on the nature of his threats, you might also consider contacting the police on the non-emergency line.

If he didn't put the money in the DPS he hasn't got a leg to stand on legally. Contact shelter as others say. Do you know @Mangococktail if he has other properties?

He has 6 or 7 properties.

He is bluffing. It's been a law to put deposit in a scheme for a long time. He is probably stressed out because his mortgage rate has gone up. How long have you stayed in the property? A rental property is meant to be completely refurbished every 5 years. So the amount of reasonable wear and tear is allowed. It doesn't cost a lot of money to paint one wall. Unless it needed to completely replastered. Contact Shelter charity ASAP

Further to the earlier message- don't ask for an invoice as it's easy to make a fake up. Insist on normal wear and tear. As a tenant you are allowed to put a neil or two in

I was there three years. He personally did an inspection every gour months and did one 3.5 months before the lease end and he recorded only normal wear and tear

I'm a landlord

He's screwed up and he knows it
If he hasn't put your money in a deposit scheme you can claim up to 3 x the deposit back from him

Speak to Shelter
There are also companies who will claim it for you - example here https://tenantangels.co.uk/unprotected-deposit/?gadsource=1&gclid=Cj0KCQjwsaqzBhDdARIsAK2gqneBH3rB1fSGifWzwl2zLbEPXWgLnB-8Kg4oiexO4kumh1TH0AzR6TAaAnElEALww_wcB

What kind of threats is he making? Financial - he will get nowhere Physical - call the police

That's sounds like a strong defence in your favour. He is probably desperate to make for a short fall as his mortgage rates have gone up. He sounds very much like a bluffing bully. Not putting deposit in a scheme is a serious transgression. I lived in quite a few rental properties over 20 years before buying 2 years ago. Stand your ground it's normal wear and tear. Contact Shelter for advice. It's not difficult to open a small claims court case yourself. It doesn't sound your landlord has a leg to stand on. He will back off as soon as he understands you mean business.

That's illegal, was it definitely a deposit that you paid? If so contact citizens advice they can sign post you. It's illegal though so he needs to pay it back did you get a receipt?

He's bluffing. This is a classic tactic ...

So stand your ground. Write back and say that either he returns the deposit or you will be taking further action as he is obliged by law to protect your deposit and he has not done so.

Do not bother asking for invoices any more and I'd not bother referring to the damage either. That's a distraction technique. He did not protect your deposit and that's the main thing and even if he had legitimate damage costs incurred, the fact that he didn't do the thing he needed to do in the first place puts him in a very bad position. Being an experienced landlord is worse!

Also great suggestion from @jackstini ! I'd definitely contact that company

I agree, hes bluffing! What a nob

He hasn't a leg to stand on, and it was precisely because of cowboy landlords like this that the deposit scheme was introduced. Give him hell in the courts.

ISTR a case where a tenant broke a toilet lid, and the landlord tried to charge them for a whole new bathroom! Landlords like this turned the rental market into a sick joke and I'm glad there are more protections now.

tenant angels look brilliant — stand your ground. He’s a thief and a liar and trying to brazen it out. Tell him you’re taking legal advice — he can return it now and save himself the bother or it will be handed over to the lawyers. Gather any emails about his previous “inspections” - agree they will be very useful!

@Mangococktail
This could work out really well for you. That's surprising that he has that many properties and still didn't put the deposit in the tenancy deposit game. He's shot himself in the foot.
Make sure you hang on to all correspondence and other evidence and get advice as PP have suggested.

How was he aggressive to you? Was it in writing?

Thanks. I've had two months now of grief from him and threats to take me to court although he is the one with the deposit.

He has now given the TPS certificate however I am not set up with the access. Instead the right to authorise release of the deposit is his letting agent. So I can't raise a dispute or prevent him retaining the deposit.

He now has forwarded our email thread to his wife copying me in (his wife is not on the tenancy agreement nor have I had any contact with her)

She replied copying me in saying "i trust this tenant won't ever require a reference from us"

He still refuses to present invoices for his claimed costs. He says the onus is on me to provide evidence.

Fine, report the letting agent then if they're registered with the DPS as having/ keeping your deposit.

He still hasn't abide by rules and you still have rights
https://www.citizensadvice.org.uk/housing/deposits/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

You should contact the letting agents ASAP

Thanks.

The letting agent get a lot of business from him.

Can you suggest what I write?

Also the landlord keeps saying that the true costs are double my deposit but he won't pursue them if I release the deposit to him.

I've rented 5 previous properties and find it difficult to believe that I be caused any damage or theft or lack of cleaning, let alone £2k worth.

But I'm worried about him increasing his demands.

Thank you so much. I'm so stressed.

To be honest I'd stop contact with him altogether. You have the certificate with the deposit scheme, you can open a dispute through them and explain what has happened, include any and all evidence you have, pictures, emails, telephone conversations and leave it up to them to mediate. This happened to me a while back, the landlord was trying to claim for all sorts so I went through the dispute system and they ruled in favour of me. Good luck!

I can't open a dispute because he has set the letting agent up not me in the scheme.