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help with landlord and deposit please!!!!

98 replies

absentmindeddooooodles · 22/07/2013 10:19

OK, I'll try not to make this too long but here goes...

Exdp and I moved into a house with one yo D's in April last year. (2012) it was a privately rented house joint owned by a friend of exdp and another man who he had meet through the friend on many occasions.

At the start both landlords were great. As landlord one was a close friend and colleuge of exdp he was very relaxed with tenancy agreement and deposits. He was helping us get on our feet after a disaster ( nothing of our doing) at the last place we lived.

Landlords came round to do an inspection once or twice. We told them the hearing was totally broken. Nothing ever done about it. Freezing cold house.

September time we have a house fire. The dog knocked the electric cooker so one hob was left on slightly. Only for ten mins or so. I am bathing D's, sm OK me billows under the door desperately try to get him out etc etc. Firemen turn up, say that the tiles used as a splash back were in fact floor tiles and illegal and had given off toxic fumes. So ds and I are carted to Hosp for toxic smoke I halation. Landlord comes round couple of days layer with a drill, and steel plate. Rips tiles off drills it in. No safety or accident reports, nothing mentioned about insurance or safety checks.

Anyway, exdp moved out new year time, ( mutual relationship breakdown kinda thing) and I stayed on in the house. I signed a new tendency agreement, one exactly the same as the first, for a six month period.

Found out that exdp hadn't played the deposit to landlord yet, but pro aptly did before my tenancy agreement started and told me the money was mine to have back.

Fine months on I gave my months notice as I could not afford the upkeep of the house on my own. This is all fine. Landlords come round and do an inspection.

To cut to the chase, we handed the property back over. I explained that it was not up to the standard I would have likes, but trying to do it all on my own with a toddler no transport or help was impossible.

Nothing major but the carpets needed a clean little bit more painting and cleaning. Seriously not a lot. I explained this band apologised saying I fully expected to have some of my deposit taken off me. Even helped them find quotes for the work.

Went to the house last night, landlords stroll in late and smirking and hand me a spreadsheet with a list of things they have bought to do up the property, also labour hours for themselves and loss of rent. They have charged me for 40 hours ( 2 men) working on it, skip runs, double price carpet cleaning than the quote we found, and hundreds of pounds worth of silly things like £7 gloves to clear waste...there were two bin liners I had it proffessionaly cleared.even down to things like cloths and 7 lots of rollers and paintbrushes and paint pads.....its a two bed semi. Not big. He's also charging me for loss of rent. It was handed over when he asked for it to be.

He's given me a bill for over 750£. My deposit was only 575. He wants me to pay the rest.

It says nothing about this in the contract. We didn't even have a condition report. We had no paperwork on anything. Like safety checks etc, just a general copy and paste tendency agreement. He left us without heating for over a year with a baby, his carelessness could have killed us, and I didn't kick up a fuss because he was exdps friend. Can he do this???

I've asked for a copy of his tenemcy agreement, energy effiency ratings, health and safety checks, and all other paperwork ( we had one out of date fire blanket in the house and no extinguisher) but he won't get back to me. What can I do? I desperately need some of that money to live on.

Thank you so much if you have got this far. Any help would be so greatley appreeciated

OP posts:
OnIlkelyMoorBahtat · 24/07/2013 13:34

OP, please please write that letter of intent to him as suggested above and then follow through if he doesn't cough up.

H.E. D.O.E.S. N.O.T. H.A.V.E. A. L.E.G. T.O. S.T.A.N.D. O.N.

It makes me baity that shits like him think they can do what they like. He deserves everything you can throw at him!

absentmindeddooooodles · 24/07/2013 14:12

I'm just so tired will all the stress. Do is going in for surgery tomorrow so will be laid up for quite a while. Ds is being diagnosed with as/ADHD, nan just been taken to hospital and may not make the next few days, so many bills and just lost my maintinemce payments. Just don't know how to keep it all afloat whilst trying to fight this!!!!

I know it all sounds silly but I just fail to see how I'll have time let alone the energy :-(

OP posts:
absentmindeddooooodles · 24/07/2013 14:12

God sorry for the rant. Didn't mean all that to come out!

OP posts:
WeAreEternal · 25/07/2013 09:57

It will be worth it in the end, you deserve your money, legally and morally.
And think how much it will help to have that cash.

As I said before I am more than happy to help you with everything, you have a watertight case against him.

And we are all here if you need any emotional support through all of the stress and the illness of your nan.

absentmindeddooooodles · 25/07/2013 10:20

Thank you weareeternal. Nice to know that there's support.

I'm going to gather all the information I have and start to put an letter together. I'm just waiting for him to provide me with some paperwork before it gets all nasty so I have some evidence.

Thank you x

OP posts:
WeAreEternal · 25/07/2013 10:49

Of course, anytime. :)

Your letter only needs to be very simple, as an example;

Dear crappy landlord,

In regards to the recent despute of my deposit, for the address, [your address], it has been brought to my attention that under Chapter 4 of the Housing Act 2004, my deposit should have been placed in one of the registerd Tennancy Deposit Schemes, and the details of the scheme forwarded to me within 14 days of the deposit being fully paid to you.
You must be aware that noncompliance of the tenancy deposit scheme is an offence of which there is no legal defence, and the penalties for this offence are the full return of the deposit without deductions plus a fine of up to three times the deposit amount, so in this instance you could be ordered to pay back £2,300 should this matter go to court.

I have been advised to send you this letter as a letter of intent, to give you a chance to return my deposit of £575.
If you fail to return my deposit withing 14 days (from the date of this letter) I will begin legal procedings.
Please find attached a copy of the N208 County Court claim form, if I do not receive the return of my deposit by [14 days from the date of the letter] I will be submitting my claim form to the County Court, at which point you will also become responsible for the court fees on top of my deposit and the fine.

I look forward to receiving a response from you and an end to this matter.

Regards
Absent

You should print and fill in the N208 form and add a copy in with the letter.

WeAreEternal · 25/07/2013 10:54

Also, very little evidence is needed in these cases.

The only thing you need to do is contact the tenancy deposit schemes and ask if they are holding your deposit. They will send you proof that they do not have it, which proves your entire case against him.

You may also want to get any banking evidence you have from you or EXP that the deposit was paid to him in.

You should also ask for a signed statement from EXP stating that £575 was paid to the landlord for a deposit and that when you split and he left he agreed to leave to deposit and tenancy to be switched to your name only.

absentmindeddooooodles · 25/07/2013 11:00

Wow that's fab! Do you mind if I use that and just add relevant details? Such a big help. Genuinely. Never had to do anything legal before so totally in the dark! Lol.

Re evidence, I'll get a signed witness statement from exp and a bank statement.

Thanks again for your help. Absoloutley invaluable.

OP posts:
SlangWhangering · 25/07/2013 11:08

Great advice on here. Please keep us updated OP.

I have no sympathy at all for landlords who don't do things 'properly'

WeAreEternal · 25/07/2013 11:10

These are the websites for the tenancy deposit schemes.

deposit protection service
Their contact details,

The Deposit Protection Service
The Pavilions
Bridgwater Road
Bristol
BS99 6AA

0844 4727 000.

my deposits

Their contact details,
0844 908 0290

I couldn't find their address, but if you go to this page you can input your postcode and details and check online if they have your deposit, you can then print the results and use them as evidence.

tenancy deposit scheme

Their details are,

Tenancy Deposit Scheme (TDS),
PO Box 1255,
Hemel Hempstead,
Herts,
HP1 9GN

0845 226 7837

Or contact them online here

capita tenancy deposit scheme

They also have an online checking service here

Their contact details are,
Capita TDP
Innovation Court,
New Street Basingstoke,
Hampshire, RG21 7JB

08444 129968

[email protected]

These are the only government backed tenancy deposit schemes.
I hope that is all useful.

WeAreEternal · 25/07/2013 11:12

You can absolutely use it word for word if you want to, and just add on any extra info you want.

I am happy to help.
I am a landlord myself and it makes me so angry when crappy landlords treat tenants like this.

WeAreEternal · 25/07/2013 11:15

Also send the letter recorded track able post, that way he can not claim no to have received it.

Quejica · 25/07/2013 11:15

Obviously send the letter by recorded delivery.

Quejica · 25/07/2013 11:16

Cross post!

Quejica · 25/07/2013 11:17

Eternal,your advice is fantastic.

Boosiehs · 25/07/2013 11:19

blimey what excellent advice on this thread. GO MUMSNETTERS!!!

Good luck Absent!

absentmindeddooooodles · 25/07/2013 11:23

Bloody hell mums net has excelled itself! I'll get right on to those companies and then fire up the old computer :-) nice to know he's not got a leg to stand on. Wouldn't even be so angry if it was just me involved. Just can't abide people who try and take advantage of someone struggling when there's a child involved. Would love to see his face when he gets this letter! ( send by recorded delivery of course :-) )

OP posts:
WeAreEternal · 25/07/2013 11:38

I am more than happy to offer any further advice needed.

As I said I really hate crappy landlords and yours coins like a particularly twuntish man.

SlangWhangering · 25/07/2013 11:44

If you really feel that you have left some mess and caused extra work that you would feel is unreasonable then you could offer that he deducts some money from the deposit. You could offer it 'without prejudice'. (Ie you are offering it as a 'goodwill gesture')

So along with the letter suggested by WeAreEternal you could say that you are keen to resolve this matter amicably and offer £100 or £200 (or whatever is resonable.

This may mean the matted is resolved faster, with less animosity and with less stress.

You would have to get the advice of someone who actually know what they are talking about not me for the proper way to go about this.

What does everyone else think?

absentmindeddooooodles · 25/07/2013 15:30

That sounds reasonable! I already said to him that I was more than happy to take money off the deposit for materials ie paint and hire of carpet cleaning etc. Just not for the other things he has charged for ( £7-8 for a pair of gloves. About 5 more paint rrollerds than needed. Electric on the key meter, cloths etc) also £200 for labor.

I read the landlord guidelines and they state that if the landlord is carrying out the repairs to the house himself, then he is not allowed to charge for tools or labor, just materials. I've been generous with how much I agreed to him taking off £300) so I think maybe I will put something like that I'm the letter.

I don't think the way I left the house warrants £300 of repairs, but I want to be fair as I doidnt leave it totally up to scratch. The very vast majority of it will come under general wear and tear, but apparantley that does not exist in his eyes. Douche. Lol.

OP posts:
absentmindeddooooodles · 25/07/2013 15:33

Men, do has just come out of theatre. Had to have surgery due to medical negligence for the last year. Turns out he now has metal plates pins and external screws rather than just one internal pin.
No work for at least 8 weeks. Definatyley need this money now! Lol

OP posts:
absentmindeddooooodles · 25/07/2013 15:33

That was meant to be meh, and dp.

OP posts:
LIZS · 25/07/2013 15:36

I wouldn't offer that much tbh . A token amount in full and final settlement maybe but you stand a really good chance if it goes to court. ll can claim for wear and tear and maintenance via his tax return , assuming he declares it of course.

absentmindeddooooodles · 25/07/2013 15:46

Ah OK. Well maybe that's the way to go. With a broken amount letting him know that I'm not just our to be unreasonable. I have given hi,m numerous chances to review what he's charged me, but he refused to do this, along with answer any questions or provide any paperwork, so think I just need to stop feeling guilty. If he refuses to give me any back at all, then like you say I will give him a sum based on reasonable quotes locally for the work that needed doing.

OP posts:
absentmindeddooooodles · 25/07/2013 15:47

Token. Out to be.

Autocorrect is doing my head in!!

OP posts:
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