Landlord being a dick- any advice?

[AMF88]

Hello I don't know if I'm posting in right thread so please excuse me if I'm not!!

I have been living in rented flat for past two yrs with my OH, we have been good tenants, paid the rent on time and kept flat in same condition as we found it.

We wanted to move out as I am pregnant and current flat does not suit our changing needs. We couldn't find anywhere within price range and so didn't pre-warn our landlord that we were looking. A mutual friend of ours did though and he called me at the beginning of august to ask if it were true. The conversation wasn't heavy or rude, I just told him that we hadn't found anywhere yet but would give him required notice of 4weeks. He said thanks and hung up. A week later we found somewhere we loved and paid holding deposit to take it off market. I then put our notice in writing and emailed to landlord. Giving him 5weeks notice.

He replied a week later to say he can't accept it as it actually says 8 weeks in tenancy agreement. I checked it and he is right, however he said he would be willing to let us go after 6weeks, taking us to 30th sept. By this point we were so far in with the other place we would have lost either flat or deposit, or both. So we decided with landlord if he could not find tenants to move in on 19th sept, we would pay until 30th sept.

Fast forward to now, the flat is in desperate need of repair, and has been for last two yrs. it's damp, has Rotting floorboards, a leaking roof, dodgy windows that don't lock and there is an inch gap causing awful draft, the tiling around bath is black, the carpets are filthy and stained and the exterior of the property is crumbling. If someone pushed our front door hard enough it would break open. All these jobs landlord promised he would fix prior to us moving in, two years down the line he still hasn't. It's in the contract that he needs to maintain the property, he hasn't. we also have dodgy electrics, no smoke alarms, and never has any of this once been checked (I think it's called PET check) he is failing to meet his terms of contract. He cannot find anyone to move in and I think it's because no one wants to pay his high rent for this low standard of flat.

So here is my question, he will now not give us our deposit back and move out after 6 weeks. Because we did not know it was 8 weeks notice, and even after me telling him on the phone i would give him 4 weeks, he said ok, and considering the dodgy, illegal, state he let us live in- if we decided to seek legal advice, would we get anywhere?

Thank you

Sorry last bit should say he won't return deposit and won't let us move out at 6 weeks...

We have actually already gone, just have few last bits to move, but did intend to keep paying up until 30th sept, in order to keep him happy.

I think he won't return deposit because he doesn't hve it and was waiting to get someone to move in and use their deposit to return to us. But as no one is interested in paying over the odds for a crappy place no one is interested. That isn't our fault though...

With respect to the deposit it should be registered in the deposit protection service and he should not have used it. If he hasn't registered it then you can sue him for a significant amount. Not sure how much but google will tell you or someone wiser than me will be along soon.

If he hasn't registered the deposit with a registered scheme then you can sue him for three times the amount of the deposit.

You need to pay up to the agreed 30th - I assume you have written confirmation of that and then if you have to you can go through small claims for the deposit.

He will have to give you the deposit back as the fact he's not put it in a holding account is good enough reason.

Actually what musical said is not correct.

Depending on where in the uk you love not all deposit schemes are custodial. He must have registered your deposit but does not have to hand it over, he can keep it in his bank as long as it is registered.

And you can't say you didn't know it was 8 weeks if that what's in your contract? More like you didn't read it. However that is besides the point.

Thank you- I did read contract when signed it 2yrs ago but did forgot when I have him written notice in august.

I may be wrong about deposit he may have put it in secure account but as it was a private landlord, we didn't go through estate agent, I don't think he did and think that's why he is stalling.

After the phone conversation I emailed him to put all dates in writing as I wasn't confident in his ability to recall what he said.

It's infuriating it seems he can get away with letting us live in this in this place despite our constant complaints, and it clearly not being up to standard.

You need to pay your rent to the date required in the contract. The repairs that needed doing are a side issue tha you would have been bettertackling during the tenancy. You can't just now decide to withhold an arbitrary amount of rent at your discretion because you don't think the flat was up to scratch.

Secondly, with regard to the deposit, presuming you're in England, you should have received a letter from the deposit scheme he lodged your deposit with right at the start of the tenancy. If you didn't, then barring an unusual administrative error, he has not lodged it with a company. If he hasn't and refuses to give back your deposit then you may have to go to the small claims court to get it back. You will win by default as he has acted unlawfully by not protecting your deposit with a scheme.

If he did lodge it with a scheme then it is that scheme that will act as arbiter in the case of any dispute over the amount being returned.

Hello tracey yes we did raise all of these repair sides at several stages throughout two years, unfortunately he never did anything about them unless we called someone in and then invoiced him.

No we never received any letters or correspondence of any kind from a deposit scheme. Yes I'm in England.

doesn't matter whether there was an agent. As you are in England he must register/protect your deposit with an approved scheme and use their arbitration scheme in case of a dispute.He must also provide you with the 'prescribed information' telling you where the deposit is.

if he hasn't, sue his arse and you will win.

you should have long gone anyway, the guy gives landlords a bad name. Forget the other problems, too late. Tell him that you will sue him for not protecting the deposit, so to avoid a big bill he should return it to you, and it might be in his interests to let you go earlier. If he does neither, go ahead and sue. You will win.

he got away with this because you didn't report the deposit problem. The rest - while smoke alarms and electrical checks are not mandatory, the rest of it could have been reported to environmental health. He got away with it because it wasn't. Fortunately it looks like you are now leaving and no-one else is going to put up with this.

I entirely agree that this is dreadful, but unfortunately crooks carry on until they are caught.

Agree the issue with the deposit is probably your best tactic. He is actually within his rights to hold you to 8 weeks' notice, starting from a rent payment date. I think you are referring to PAT testing which doesn't apply to rentals. You seem to have accepted the condition and whilst it may have deteriorated now, have clearly not felt it sufficient issue to raise formally before.

I think you are right Liz we were young students when we first moved in and accepted this dodgy flat because we didn't know to expect more. Now we are older and have seen wonderful rental properties we are so infuriated with him for being such a dick. It's not until we have a comparison that we can see how bad it is here. Hindsight is a wonderful thing. It's good to know if we need to go down legal route that we may be supported.
Thanks for all input!

Despite what you may read on here, the idea that 'all rentals are slums' went out with Peter Rachmann who died in 1962. I repeat, OVER FIFTY YEARS AGO.

you should expect decent standards. Not necessarily brand new, and if it is an old building factor in what old buildings are like, but work on the basis that if you wouldn't buy it, you don't rent it.

make sure you are clued up before your next rental. Deposit protection, gas safe, notice period, access and inspections, etc etc etc.

I think a lot of the advice on here may be wrong. Was your tenancy a spt, as in when your ast ran out did it just go onto a rolling tenancy (you say you signed your agreement 2 years ago so unless you have signed further agreements or had a 2 year tenancy I am assuming this is the case and all below applies in those circumstances) You are only legally obliged to give 1 months notice regardless of what is says in the agreement, the notice must end on the day before the rent period starts again, so if your ast started on the 6th of the month then your 1 months notice must expire on the 5th.

Regarding deposit, ask him for your certificate and prescribed information, do it in writing. Regardless of the scheme it is in (custodial or insurance based) you should have been given this at the start of your AST and the prescribed information again at the start of the SPT. If he has not protected your deposit then you are entitled to sue him for the deposit and 1 - 3 times again, the court will decide what you get but the deposit and 1x again is mandatory.

Can I suggest you post on the Landlordzone forum, they are brilliant on there and really helped me (which is why I know tenants rights as much as I do) and they know all the legal ins and outs, they will want to know your tenancy agreement dates and the dates of notice given in order to be able to give you detailed advice and information

Ok that's interesting thanks for info!

tiredoutgran just wanted to say thanks, we have sought out legal advice, and you are absolutely right, as we did not sign a new contract last sept, we have been on periodical tenancy for last yr, and so only needed to give 4 weeks, we actually gave 5.5weeks. By law we should receive deposit back when we official move in a few days. Thank you all.