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Landlord and threats

37 replies

Mangococktail · 13/06/2024 22:12

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?

OP posts:
Kosenrufugirl · 15/06/2024 20:51

Boymummyofone · 15/06/2024 20:49

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!

This sounds like an excellent advice.

Boymummyofone · 15/06/2024 20:52

Another landlord tried to charge me £10 for a missing spoon 😂 I knew I didn't take it so I told the agent I would post it back. He dropped the claim.

Keepthosenamesgoing · 15/06/2024 20:54

Contact the letting agent and ask them to provide details of how to access your deposit and how to dispute the landlord charges.
Cease contact with landlord and contact the citizen advice bureau or one of the other links suggested by a PP to help retrieve deposits. I believe a PP suggested a company who specialise in this

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Boymummyofone · 15/06/2024 20:54

Mangococktail · 15/06/2024 20:51

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

Weird. The deposit scheme should be in your name. I'd question why it's with the agent as they're only an intermediary.

aodirjjd · 15/06/2024 20:58

Don’t panic. No court is going to accept you did all the damage he is claiming. He isn’t really going to go there. He’s just scaring you. It seems a bit unclear at what tps situation is so I’d give the scheme a call in your situation and ask their advice. I’m sure he won’t be “allowed” to put estate agents details and if he has you’d have a claim for not protected deposit. I’d suspect that wouldn’t be right though because if he had done that he’d not be pushing you to agree to release of it. I’d also presume estate agent wouldn’t like it either as they’d know it’s wrong!?

jackstini · 16/06/2024 09:21

Contact the letting agent on Monday and ask them for access to the scheme

If they don't give it, contact the scheme with details of the address and your tenancy agreement

You are in a strong position here, especially considering his inspections only report normal wear & tear. Absolutely do not release the deposit to him

WhosDrawnOnTheWallAgain · 16/06/2024 09:44

Some good advice here. I understand that it’s so stressful for you, but try and focus on what you can do yourself to retain control.

There are three tenancy deposit schemes. Look them up and speak to each one, then get the details and let them know that you want to make a claim. They will email you a reference number and password for the deposit (belatedly) paid for your tenancy.

Honestly, stop contacting the agent and landlord as you can’t rely on their information. Remember that they are in opposition with you and will continue to respond only in ways to influence you to serve the landlord’s interests.

Do you have a copy of the certificate? It should state the dates when the tenancy commenced - check whether it is correct. Once you access the portal for the deposit scheme, you can send photos, emails and any information you want to be considered.

Try and give factual rather than emotional information. Were any inventories done and signed by you and the landlord to agree the condition of the property? If not, Do you happen to have any emails or evidence of the condition of the property when you signed the tenancy and surrendered it on returning the keys?

Did the landlord also provide you with what’s called ‘prescribed information’?

I have been in this situation myself and helped others through what seems like a scary process. Try not to panic, youre in a stronger position than you realise.

Allthehorsesintheworld · 16/06/2024 09:49

He’s broken the law by not securing your deposit. He should have given you a copy of the certificate at the start of your tenancy.
Speak to Shelter.
Speak to your local council housing dept. They love a rogue landlord.
You can also contact TDS for advice. They’re one of the deposit companies and I always found them helpful.
Keep everything you receive from him, emails, texts etc. I hope he’s prosecuted, landlords should work to the letter of the law. He’s probably doing this to other tenants.

Canyoudigityesyoucan · 16/06/2024 09:52

A landlord I know forgot to put their tenants deposit in the TDS and even though she was giving it back to them IN FULL the tenant still took her to court for not using TDS and she got a massive fine.

TheFlis · 16/06/2024 09:55

He legally can’t set the deposit scheme up retrospectively. Stop engaging with him and just start legal action, it is 100% his responsibility to prove his loses, not yours to prove you didn’t cause them. He’s spinning you a bunch of lies in the hope of scaring you off, ignore him and take action.

GrannyOgre · 16/06/2024 10:23

You need to contact the TDS to sort the issue with the deposit being protected in the letting agent’s name first.

The law states that not only does the deposit need to be protected, the landlord needs to provide you with the certificate and information within 30 days. He didn’t so he has to return the deposit in full and you can ask the courts for up to 3 x the deposit.

https://www.citizensadvice.org.uk/housing/deposits/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_make_a_tenancy_deposit_compensation_claim/letter_templates_for_tenancy_deposit_compensation

If your landlord didn’t follow deposit rules

Check what you can do if your landlord didn't protect your deposit or give you the right information. Check if you can get compensation.

https://www.citizensadvice.org.uk/housing/deposits/taking-your-landlord-to-court-if-they-havent-followed-the-deposit-rules/

Hoppinggreen · 16/06/2024 10:34

Sounds like hes set up the deposit scheme retrospectively in a panic , well it doesn't get him off the hook.
He seems to have acted illegally and could be in big trouble.
Speak to Shelter if you need help but YOU should have access to the deposit scheme not The Agent.
Unfortunately you won't get a reference from him but theres not a lot you can do about that other than explain to any future Agents and hope they accept it

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