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Landlord withholding money

14 replies

Sportinggirl · 15/12/2020 20:58

Hi guys I'm in a bit of a pickle, it's a long story so please read to the end.
I'm a single parent to three children and currently on benefits. I was renting from a private landlord for three years and my tenancy ended last week after he served a notice, his reason was 'due to repairs being requested that makes the property unviable as a rental' now there was a leak in the upstairs bath that his handyman couldn't find (I have pictures of where the water was coming from) the handyman then ripped down the hall ceiling and left it open for nearly 3 months before returning, when he did return he came with a plasterer who was completely intoxicated at 7pm and told me he would be back tomorrow at 7:30pm to take down the rest of the ceiling, I said that was too late and asked if he could come earlier as the kids would be in bed, he agreed to call at 6pm and left. I then get a barrage of messages from my landlord saying he was disgusted by the way the handyman was spoken to (I was nothing but polite) his handyman then went back to the landlord and said I set up this leak (complete bulls**t and he's not even a plumber). The landlord then comes out the next night and tells me if I don't grovel I would get an eviction notice in the post. Two weeks later I get the notice to quit. Now I moved out he is refusing to return my deposit. He never put it in a protection scheme. He says I owe him two weeks rent and the rest is to sort out the back garden. At the start of my tenancy I paid him the deposit and first month's rent, I get housing benefit which is paid a month in arrears and top up the difference myself. Now because I paid the first month's rent upfront and he gets paid in arrears by dhss he was actually double paid for the first month I was there. So I dont see how I owe him two weeks rent when my new tenancy started on the 1st and I gave him the keys back on the 11th, he is still getting paid in Jan and he was double paid the first month. As for the back garden there is a bit of muck due to the kids and dog running around and there was no drainage for the water to go anywhere, it also doesn't look great as I had raked out all the moss last March and put down grass seed, there's some of the garden which doesn't get much sun and its growi g slower than the rest. It's actually in better condition now than it was when I moved in but stupid me didn't take any pictures. I was on the phone to the dhss today and they told me that he had sent them an email looking the two weeks rent and he has been awarded it and will be getting paid in Jan so if he's getting it then why is he still saying I owe him it. I also told them that he wasn't intiled to it. Another issue is that the rent was supposed to be £120pw rates included, I signed the contract and it said that the tenant is responsible for paying the rates but there was no information on how much they where and who it was to be paid to, when I asked him about it he said that the dhss would pay the rates and it was included in the rent. He told the dhss that the rates weren't included in the rent so he's been getting more than he should have been from the dhss and me. I also told the lady today about the issue with the rates. My housing benefits also went up by £11 a week back in April but I have still been paying him the same amount for the past 3 years, he never told me about this and I hadn't got any letters from the housing excutive to confirm the increase as my area has been having problems with post due to covoid. I'm afraid that he's been taking advantage of the benefit system and myself.
Would anyone have any advice on what I can do?
He tried to call me today but I have put a request in with the housing excutive to have a copy of all his payments and the emails that he has sent and I don't want to talk to him until I have been to a socilitor and know what to say or do. I'm the type of person who hates confrontation but all of this has made me very stressed to the point that I can't sleep or think about anything else, and I would hate for him to try this on someone else.
Thanks in advance.

OP posts:
FrightenedFTB · 15/12/2020 22:09

If he didn't put your deposit in a protection scheme, you might have grounds to sue.

Mummyoftwo91 · 15/12/2020 22:20

Contact justice for tenants, they really helped me in a similar situation

PragmaticWench · 15/12/2020 22:38

If he didn't put your deposit in a registered scheme, and provide you with the reference number and details of that at the start of your tenancy, then you can potentially sue him for up to three times the amount of your deposit. Try calling Shelter for advice.

mumwon · 15/12/2020 22:43

@PragmaticWench this!
the rules for landlord in England are quite strict you need advice from shelter

DiesalFive · 16/12/2020 06:06

You can definitely take him to court as he didn't have your deposit in a protected scheme, contact Shelter.

He has acted against regulation and won't have a leg to stand on! You can sue for x3 the deposit amount.

I suspect if you tell him you plan to sue, he'll swiftly return the deposit.

Sportinggirl · 16/12/2020 07:00

I have already looked into going after him for not protecting the deposit but unfortunately it has to be done within 6 months of the tenancy starting. I just found out that his mother and himself where in the house before the final inspection and I handed the keys back, I know he can't turn up unannounced but proving it is going to be difficult

OP posts:
lastqueenofscotland · 16/12/2020 11:09

Speak to shelter, believe it or not you’re in quite a good position!

whataboutbob · 16/12/2020 13:19

I’m a landlord and if he did not put it in the protection scheme he has no comeback. Not only that, but even if he did protect the deposit in one if the accredited deposit schemes but he can’t prove he served you notice of where the money was kept within 30 days of him receiving the deposit form you, then he also had no comeback. As Pps have said, you could sue him for multiples of the monthly rent. He is in a very vulnerable position if what you say is correct.

whataboutbob · 16/12/2020 13:20

Im really not sure you can only sue him within 6 months of the tenancy starting. I’ll try and check.

ComeHomeBillyBird · 16/12/2020 13:22

@Sportinggirl

I have already looked into going after him for not protecting the deposit but unfortunately it has to be done within 6 months of the tenancy starting. I just found out that his mother and himself where in the house before the final inspection and I handed the keys back, I know he can't turn up unannounced but proving it is going to be difficult
No it doesn't. It's 6 years, not six months. Sue him - you WILL win, he loses automatically.
Santaisironingwrappingpaper · 16/12/2020 13:23

Email your MP today op. Write a timeline and keep it factual. . Your ll sounds a piece of work.

whataboutbob · 16/12/2020 13:27

I’ve had a look and can’t find any info on cut off dates but I recently did a course on this and I think the landlords liability continues a few years after you move out. Check with Shelter or theCitizens Advice Bureau. Good luck and don’t be intimidated.

ComeHomeBillyBird · 16/12/2020 13:28

It's 6 years.

You have 6 years to claim from the date the rules were broken.

It's best to wait until your tenancy ends before starting legal action.

This is because your landlord may be able to give you a valid section 21 notice once the court has looked at your compensation claim.

england.shelter.org.uk/housing_advice/tenancy_deposits/what_to_do_about_an_unprotected_tenancy_deposit#:~:text=You%20have%206%20years%20to,looked%20at%20your%20compensation%20claim.

ComeHomeBillyBird · 16/12/2020 13:30

Op, you say housing executive so assume you're in NI - the rules are the same here.

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