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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:
absentmindeddooooodles · 26/07/2013 20:13

Wow, that would be amazing thank you. He has still not replied with an address though, so will have to send it to place of work which could get tricky. Not on tenancy agreement but will look into the legalities of that further.

OP posts:
WeAreEternal · 27/07/2013 07:45

Can you do a 192.com search for him to get his address.

Or you might even be able to find it with BT.

LIZS · 27/07/2013 09:58

Can ex not give you the address ?

absentmindeddooooodles · 27/07/2013 10:15

He does not have it. Already tried, plus he only knows one landlord well and I need both addresses, 192 and BT both drew blanks. Getting frustrating now!! I'm just gonna have to send it to his work address, or failing that take it into him at work and make him sign a delivery receipt. Somehow don't think that will work. He's sending me a load of paperwork apparantley on Monday, but won't tell me what it is?!

OP posts:
FoofFighter · 27/07/2013 11:09

*How to find out who the landlord is

If you do not know the identity of the landlord, you can write to the person who last collected your rent, asking for your landlord?s full name and address. You should send this letter by recorded delivery and keep a copy. If the person to whom you have written does not reply within 21 days, this is a criminal offence. You can inform the Tenancy Relations Officer of the local authority, who can prosecute the person who has failed to provide the information.

Before contacting the Tenancy Relations Officer, you should consider whether this might provoke your landlord into retaliating with threats or attempted eviction. You should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

If you need to find out your landlord?s identity because of an emergency, such as a burst pipe, it may be quicker to inform the local authority of the emergency. The local authority has special powers to enter and carry out any necessary work, and can take steps to find out who your landlord is in order to recover its costs.*

I know you "know" him but he hasn't fulfilled his obligation by law of telling you address.

www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/common_problems_with_renting.htm#How_to_find_out_who_the_landlord_is

Are you in England, Scotland or Wales btw as it might change certain bits of advice given?

absentmindeddooooodles · 27/07/2013 18:06

Ah brill! That sounds good. I've always put the rent straight in the bank, and after some investigations may be able to get hold of one of the two landlords addresses. Possibly anyway. I could send a letter as you've suggested to his work address which could work.

I'm in england.

Thanks everyone for being so helpful!

OP posts:
TheDoctrineOfAllan · 27/07/2013 22:47

This guy is a crook!

absentmindeddooooodles · 29/07/2013 14:09

Yes he really is!! I've tried for days and days to get his address. No luck. He won't give it to me and I've tried everything online.

I know where he works. The thing is, its such a big place with a lot of staff, and my xp works there so its a pretty awkward situation. I think its my only option though. Without giving too much away, there is no way that he would be the one to receive the post. Someone else would sign for it and it would get passed around to him. So no garuntees on him actually getting it, and also plenty of chance for him to deny it if he does. Xp can't get hold of his address either.

I know plenty of people from the workplace, but, god this sounds petty, but he has pretty much turned everyone against me. A lot of them are not too impressed about the split between xp and myself also as he is the golden boy off the company. So no chance of help from any of them.

Really hit a brick wall. :-(

OP posts:
WeAreEternal · 29/07/2013 18:11

Could you try to do some stealthy detective work and follow him home from work one day?

TheDoctrineOfAllan · 29/07/2013 18:22

Ok.

If he tries to take you to court then he will have to disclose his address.

What about the other landlord? You said there were two.

TheDoctrineOfAllan · 29/07/2013 18:23

Can your XP just handover the letter saying this is from Absent?

absentmindeddooooodles · 29/07/2013 20:10

Eternal I quite fan y a bit of a mission impossible type evening! May have to do just that!

Allan- not on tenancy agreement. And same situation for both landlords. Could get exp to hand it over but thinking I will need proof? Solicitor said had to be recorded delivery. This will only reach one landlord, but one is better than none. Don't even know where the other guy works. Tried some detective work on Facebook, but got nowhere. I'm not cut out to be an undercover agent am I? Haha

OP posts:
bamboobutton · 30/07/2013 11:40

when we were having legal probs with our LL/LA our solicitor told us email counted as written proof. everything we sent to LL/LA was email and we printed out every email for our records.

absentmindeddooooodles · 30/07/2013 12:43

Oh that's good! I may stand a better chance of getting hold of that. I only have text messages so far and know they don't count for anything.
Can you get someone's email through their Facebook?

OP posts:
bamboobutton · 30/07/2013 13:01

could your ex get it for you? could you get hold of his work email from his business website?

I think you can get peoples emails from facebook but only if they have it displayed for friends to see.

WeAreEternal · 30/07/2013 13:54

An email will not hold up in court,
They can say the email address is wrong or that they did not receive it or it said something different, and there is no way you can prove it.

The only way is to send a letter registered and signed for delivery, that is the only way he can legally dispute receiving the letter of intent.

The easiest way to obtain his address is just to follow him, but there are ways to find it online.

If you send me his full name, age and the town/area that he lives I will have a look for you.

You can not file a county court claim against someone without their address, so you need to get it!

bamboobutton · 30/07/2013 16:23

perhaps the rules have changed, it has been 7 years since we had our problem landlord. we were definitely told emails counted and would count in court.

WeAreEternal · 30/07/2013 16:38

It does depend what the email is about Bam,
For general correspondence it is ok, but for important thing, such as a letter of intent it needs to be trackable so that it can't be disputed.
If the LOI was disputed it could cause problems with the county court claim.

But it would be completely redundant to send the letter of intent via email as Absent can not start the legal proceedings without the landlords address, so he would likely just ignore the it entirely.

bamboobutton · 30/07/2013 16:59

Ahh, yes ours were more the "please can we have copies of the outrageously priced decorator receipts" type emails.

absentmindeddooooodles · 30/07/2013 17:29

Thanks guys. Have found out his shift patterns and he does not finish until gone midnight usually, no cars allowed in the car park after closing etc, so will have to try and find a lay by and wait until I see his car. Rural area so could cause a lot of peons and he knows dps car. Am scared he will call the police. Ill work out how to pm you eternal that would be much appreciated as all I have tried has failed miserably.

I've asked xp but he does not have it, or know anyway to get hold of it without taking it of the work database which would be illegal, and I really don't want to get him in trouble.

OP posts:
TheDoctrineOfAllan · 30/07/2013 18:00

Op i'm sure you've covered this but what is the address on the tenancy agreement for the landlord?

absentmindeddooooodles · 30/07/2013 22:35

There isn't one on the tenancy agreement. Only says names and the address that we rented.

OP posts:
thistlelicker · 11/08/2013 00:17

Any update?

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