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Original poster

Landlord says she hasn't received noticed I left property?

20 replies

needtenancyadvice · 23/02/2015 15:30

I rented a house, all the time I lived there, I always spoke to landlord via text, it seemed to be how she preferred it. 30th Nov I told her via text we had put offer in on a house, Dec 2nd I text and said we've had the offer on a house accepted and will be moving out in 4 weeks, was the notice 4 weeks save me digging out my contract. Landlord replied saying I'll look and let you know.

5th Jan Landlord text back (by now we had moved out, we paid cash) and said it's 4 weeks notice in writing. I was a bit miffed she'd taken so long to reply and that the text wasn't enough, but text back saying no problem, we have moved out, keys returned to agent, happy to pay this month, we'll send a letter in the post. 7th Jan letter posted. Paid rent up until 18th Feb.

She just messaged me to say rent is due, I messaged back saying we've moved out as she knows, and we sent a letter. I tried ringing first but no answer.

I feel like an idiot, I sent the letter first class an can't pay it, does this mean I now have to pay another months rent!?

OP posts:
Original poster
needtenancyadvice · 23/02/2015 15:33

an can't pay it - it supposed to say so can't prove it. Bloody phone!

OP posts:
LIZS · 23/02/2015 15:35

Have you handed back the keys , had any check out etc . Yes you should have sent it recorded or got proof of posting.

Original poster
needtenancyadvice · 23/02/2015 15:40

yup keys have gone back to the letting agent, it was weirdly mixed managed, the agent set up the contract and I paid them a feee, but then the landlord managed the house day to day. The contract said to return the keys to the agent and the landlord would do a check out process. They didn't even do an inventory when we moved in (I had to go to the agents 6 times to get them to sign my copy of an inventory) so I wasn't expecting much to be honest.

I didn't even occur to me to have to "prove" I gave notice, I'd already done it once verbally and twice via text!

OP posts:
Nolim · 23/02/2015 15:48

I think that without proof of written notice there is not much you can do.

Sorry.
Obviously ll is taking advantage of you but if he wants to go by the letter of the contract i guess he can do it.
Sorry to say this but you buy a house which is not simple or cheap but cannot read the tenancy agreement to look up the end of tennancy conditions and then dont bother to mail the notice by registered mail? Confused

Original poster
needtenancyadvice · 23/02/2015 16:03

Yes Nollm, I was bit busy moving and I was sure it was 4 weeks, and I was stupid not to send it recorded, I think because the landlord lived 2 streets away it seemed OTT?

The tenancy says I have to provide notice in writing, not via post. Text is writing? Maybe? Looks like I'll be paying again! Hope I get my despoit back although I've been asking for the DPS ref for months with no luck so doubt I will be seeing that either!

OP posts:
Nolim · 23/02/2015 16:10

It is illegal for the LL not to give you proof that the deposit is protected. I was in a similar situation with a LL and had to hire a solicitor to get my deposit back. The solicitor was cheaper than the deposit and also saved me the trouble of dealing with my crazy LL. It was money well spent.
You can take him to small claims court not only for not returning the deposit but also for not protecting it. The rent may be a lose cause bit your deposit isnt.

sallysimpson · 23/02/2015 16:11

You can contact the DPS yourself to get your reference number, the landlord can not make deductions from your deposit without you agreeing. If you can't come to an agreement the DPS will decide based on evidence supplied by bother sides.

Original poster
needtenancyadvice · 23/02/2015 16:21

I've already called the DPS, thanks for the links though, the DPS has no reference even though Landlord says it's with them. I'm such an idiot not sending it recorded, should have known! GRRR

OP posts:
holidaysarenice · 23/02/2015 16:26

The dps are usually useless, they told me that the landlord had not protected it. Categorically they were adamant, even when the landlord handed me the paperwork with the date of protection on it. They still said it wasn't protected.

Momagain1 · 23/02/2015 16:33

Sounds like you need a solicitor. If ll is claiming not to have your January letter, after never getting back to your the december text, it sounds like they were as inattentive as you and are taking advantage of the situation.

Momagain1 · 23/02/2015 16:34

Can the solicitor you used for the house purchase help you?

Nolim · 23/02/2015 16:37

Get legal advise and get your deposit back!

May i ask a noisy question? I have been in the uk for a few years and i have heard many similar stories of landlords who simply do not return the deposit ,not to mention that i have been in that position myself. For me it was a no brainer to get legal advise and fight back since the law is clearly on my side. But i have not heard of anyone else doing that, why could that be? If your LL decides to steal not return your deposit why would you just walk away? I am not judging, just genuinely curious.

Original poster
needtenancyadvice · 23/02/2015 17:07

I think it's because in the past, when I was renting at uni etc (so 12 years ago), landlords just used to inflate the price of everything. So for example £300 to repaint one wall, the DPS didn't exist and it was just tenant against the landlord so it seemed a bit pointless. I've just called the solicitor I used, she doesn't work Mondays so hopefully I will hear back tomorrow. Not holding out much hope on the rent, but hopefully the deposit is protected.

OP posts:
lalalonglegs · 23/02/2015 18:07

You could consider the small claims court - I don't think you have to prove that notice was given in writing if she had already acknowledged that you were leaving on 4/1 and the agency had accepted your keys etc. I would go for the deposit back in full (or three times its value if it has not been protected correctly) and the month's rent you paid her for "not" giving notice the first time. If she has not protected the deposit (or, I think, not provided a gas safety certificate) then all her rights as a LL are voided and the court will automatically find in your favour. I am a LL, btw. Good luck.

ComtesseDeSpair · 23/02/2015 22:00

Text message is valid as notice in writing - there's legal precedent for it. Especially if you can prove your landlord received and read the texts, which it sounds as if you can if she replied to them.

Original poster
needtenancyadvice · 23/02/2015 22:12

yay that's good news, what are the legal precedents ComtesseDeSpair? I will have to write another letter and send it RECORDED this time!

lalalaonglegs, as far as I know there is no gas certificate, not unless the gas man let himself in without telling me? He was meant to arrange it with me in November sand I called him a few times but no reply and called landlord to let her know and also put it in my letter when we gave notice.

OP posts:
specialsubject · 24/02/2015 11:16

this kind of correspondence should always be done in an adult fashion in writing. Texts don't always get through.

but...no gas cert (definite; a copy must always be provided to the tenant) and possibly an unprotected deposit? You've got the landlord by the short and curlies and should take the appropriate action.

any court will indeed come down on your side because of her lawbreaking.

lalalonglegs · 24/02/2015 18:46

Get legal advice from a solicitor and/or the CAB and take appropriate steps. If she hasn't protected your deposit - and it doesn't sound as if she has - you can claim three times the amount of the original deposit (although it will be at the court's discretion if this amount is awarded). Shelter explains it here. The lack of the gas safety means the court is likely to take a very dim view.

UnexpectedItemInShaggingArea · 25/02/2015 13:40

You can find out if your deposit it protected by following these links:

england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

You should have also received information on your deposit from your landlord. If they didn't either protect your deposit or give you the information they can be in trouble.

If I were you I would write (recorded delivery) a letter to your landlord pointing out all the deficiencies in their practice and tell them you will take them to the small claims court to get your deposit back.

If there was no property inspection on leaving they cannot deduct sums for repairs, because they have no proof that you caused the damage / wear.

It is a lesson to everyone though - when you move in make sure you have the name, address and contact details of the landlord, not just the agent (by law they have to provide you with this); the deposit protection details and a signed inventory (photos are also good). When you leave send a recorded delivery letter to the landlord (and agent if appropriate). And have a check-out inspection.

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