If he wasn't using a deposit scheme then it's got nothing to do with words, your case is supported by facts.
Deposit Protection Scheme
- Thread starter physichull
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If he wasn't using a deposit scheme then it's got nothing to do with words, your case is supported by facts.
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I ask Shelter about this point (money not protected within a scheme) and as I suspected, now that I am no longer a tennant, there is nothing much I can do about it, but it would possibly be considered as some form of supporting evidence.
Soldato
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That it would. Judges don't view slimebag landlords in good light to begin with, and this just goes against him immeasurably on top of that.
It's wonderful to pick their claims/defenses apart with "yep, and that's part of your responsibility as a landlord" as they come out with yet another useless reason as to why they should have your money. I've done it myself, and it's not a situation you need to get stressed about whatsoever.
You'll learn from it though. Upon entering and leaving a rented property, inspect EVERYTHING, take dated photos of each room and any issues you notice from multiple angles, and get the landlord's signature on acceptance of the state of the property on both occasions.
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Is it easy to get a landlords signature on things like that? It would strike me as being quite difficult to get them to plant a signature on a load of photos that I've cobbled together.
Also, if he felt that the condition I left the flat in was so dissatisfactory, why did he not raise it as a dispute with his deposit scheme? Instead, he reams off that I left it in a bad state and that he is still returning my deposit! It makes no sense.
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Soldato
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I get the impression from your posts, and his actions, that the cheque is very much "in the mail", to use the parlance.
Either that, or you won't be receiving the amount you think/hope you will. Either way, as I said it'll be a learning experience for you. You don't need to get the landlord to sign photos or anything, just make sure that a written declaration of the state of the property and fixtures etc. is signed when starting and finishing your tenancy.
It can then be used against the landlord if they decide to pull something out of their rear end in an effort to grab some or all of your deposit.
I just took a lease of an industrial unit and the agents at the handing over took digital photographs themselves and asked if there were any problems, damage etc. anything specific was written down and signed. As long as the photographs exist, its not like you have to prove they were taken there, its obvious that they are from that property, since every one is unique.
If the floor is scuffed, I am expected to repaint it (not surprising really, its already chipped in places - after I moved all my stuff in, racks n stuff don't bode well for crap floor paint
) and slap a bit of emulsion on the walls.
If the floor is scuffed, I am expected to repaint it (not surprising really, its already chipped in places - after I moved all my stuff in, racks n stuff don't bode well for crap floor paint
) and slap a bit of emulsion on the walls.
Sounds to me like he had no intention of returning the deposit and this is his way of making you give up trying to get it off him. No one who is professional communicates like this.
In future do everything in writing. If you get a reply by email, or txt, quote that in a letter confirming you got it. You need to keep records for transactions.
In future do everything in writing. If you get a reply by email, or txt, quote that in a letter confirming you got it. You need to keep records for transactions.
Play fair, for every scum bag money-holding, law dodging landlord there's 10 good ones out there. Ones who abide by every law they know of, and feel personally responsible when there's problems at a property.
No need for the 30 day warning thing, just small-claims him. I bet it wont' even reach court and you'll have your money back.
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Exactly, this is the thing that is bugging me the most. At my place of work, if I or my company behaved like this I would have got the sack! And rightfully so!
I know, I know. I am just lost amongst rage a bit, so take anything like that with a pinch of salt, especially if you yourself are a landlord, I mean no offence! (only to the one I intend to offend!).
I have calmed down a bit after talking to a few family members. I guess the course of action is to just send a letter and see what comes from there. Heck, I may even get my cheque, certainly not expecting anything for at least a week yet though.
Christmas "cheering up" face:
I have to agree, with his last reponse it gives the impression that he was not planning on refunding your money in the first place. You have waited 3 weeks already for this, and still nothing has shown up in the post.
Personally for the sake of £600 or something, i hate to be negative but i can't help to feel that you will need to take this as a learning curve and accept you won't receive it. I cannot see how successfull you will be if you decided to persue this to court. I would definitely write a letter-immeadiately to see if it has any affect.
Im very sorry, and hope things work out for you.
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No I understand, it's almost my attitude towards it, as much as I hate to admit it. After all the good faith we have had with him, for him to suddenly turn it round like this....
To say I was stunned when I spoke to his wife about "the state of the hobs and the windows", is an understatement. They were absolutely gleaming when we left.
Shelter asked me if I knew if he had any money troubles, I know one of his florist shops went into liquidation last year and we had received numerous letters to the "Tennant/Occupier" about court dates and owed money by the landlord over the flat. They were always troubling, I brought it up once to ask for reassurances, he just said to ignore it as it was "sorted ages ago". I have a tendancy to believe not now. They said that if it were true, in the landlords eyes I would be very much at the bottom of people to pay.
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This TBH - I dont know why shelter are giving poor advice - it is considered unreasonable to withhold the deposit for more than 30 days and that time has passsed by the sounds of it.
And that line about if your no longer a tennant and the money is not in a scheme theres not a lot you can do? utter rubbish -
Considering he has now stated in writing he will return the deposit, you need to send him one final letter (recorded delivery) entitled 'letter before action' demanding the return of the deposit, giving 30 days notice before you file a claim at county court.
Make it clear in the letter that if things reach this stage you will also be claiming for the fees to lodge the claim, and associated expenses such as postage costs, time off work etc.
Do you have some kind of sign off/final inventory/statement of vacation from the landlord? as any issues need to be addresed at that time - if there is none, it is entirely possible for damage to be caused to the property AFTER you left. Without this, the landlord cannot reasoably assert the condition of the property after you moved out.
As I mentioned, have a look here - http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings
There are some stickies at the top that directly relate to deposit protection, and other deposit issues.
Shelter dont really seem to know what they are talking about, or they are certainy advising you to go about things in a long and drawn out manner.
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I finally have a little bit of closure on this matter. I finally managed to get hold of my ex landlord on the phone abotu 2 weeks ago. He said that he had already sent my deposit before Christmas and that maybe I should wait a couple of days. So, I waited, a couple of days. I called him again and he said "oh, maybe just wait one more day and ring me if you haven't got it by tomorrow".
To which end, alarm bells were now ringing as it was seeming that he had just sent it after I had called him. Sure enough, the next day I received a letter with postage (Franking) stamps dated a couple of days before and the letter and cheque back dated to 16th December. The cheque was only for 80% of the full amount of the deposit and in the letter he claimed that he had to spend numerous hours cleaning and repairing the kitchen and bathroom. Which is absolute rubbish because it was left in immaculate condition. He also reiteraed one of his original comments, and I quote, "Given that you resided at my flat for over two years I should have asked you to repaint the flat, but we have overlooked this fact as in general you were good tennants". I honestly can't believe he has the nerve to suggest that that "in general" I was a good tennant and that his justification for trying to get me to repaint the flat was because I had lived there for two years. It was almost as if he were trying to scare me away from challenging his justification for keeping £150.
The first thing I did the next day was take the cheque to be cashed, it has now cleared and is into my account. The risk is now off, I have part of my money, but there is a HUGE temptation to go after the rest, even though I really don't have any more energy left to challenge him.
A couple of outstanding points from the whole affair:
1. Why did he agree that we had left the flat in immaculate condition when I handed back the keys following his inspection with myself present.
2. He never protected my deposit.
3. Subsequently, he would not have brought up the fact that he was withholding part of my deposit to his protection scheme.
4. He has not provided a full breakdown of the costs that he believes I have incurred upon him, nor has he provided any proof as to the work having been carried out.
5. It took over 2 MONTHS to get 80% of my money back - this is just pathetic.
The overriding feeling now, is to just leave this lie. It's now more trouble than its worth but its bloody annoying to have virtually no power over my own money and knowing that I will never have justice.
As a petty act, I have anonymously rated one of his shops on google places at 1 star. Petty, childish, immature? Yes. Satisfying? Also yes.
To which end, alarm bells were now ringing as it was seeming that he had just sent it after I had called him. Sure enough, the next day I received a letter with postage (Franking) stamps dated a couple of days before and the letter and cheque back dated to 16th December. The cheque was only for 80% of the full amount of the deposit and in the letter he claimed that he had to spend numerous hours cleaning and repairing the kitchen and bathroom. Which is absolute rubbish because it was left in immaculate condition. He also reiteraed one of his original comments, and I quote, "Given that you resided at my flat for over two years I should have asked you to repaint the flat, but we have overlooked this fact as in general you were good tennants". I honestly can't believe he has the nerve to suggest that that "in general" I was a good tennant and that his justification for trying to get me to repaint the flat was because I had lived there for two years. It was almost as if he were trying to scare me away from challenging his justification for keeping £150.
The first thing I did the next day was take the cheque to be cashed, it has now cleared and is into my account. The risk is now off, I have part of my money, but there is a HUGE temptation to go after the rest, even though I really don't have any more energy left to challenge him.
A couple of outstanding points from the whole affair:
1. Why did he agree that we had left the flat in immaculate condition when I handed back the keys following his inspection with myself present.
2. He never protected my deposit.
3. Subsequently, he would not have brought up the fact that he was withholding part of my deposit to his protection scheme.
4. He has not provided a full breakdown of the costs that he believes I have incurred upon him, nor has he provided any proof as to the work having been carried out.
5. It took over 2 MONTHS to get 80% of my money back - this is just pathetic.
The overriding feeling now, is to just leave this lie. It's now more trouble than its worth but its bloody annoying to have virtually no power over my own money and knowing that I will never have justice.
As a petty act, I have anonymously rated one of his shops on google places at 1 star. Petty, childish, immature? Yes. Satisfying? Also yes.
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it's obviously never been protected since you didnt agree to the deduction. small claims is easy win, imo.
I don't know if there is some landlords 'union' that you can shop him to so he's black listed.
He's not followed the housing act 2004(?).
remember, it's not just £150 you can apply for - its £150 + 3x your deposit.
I don't know if there is some landlords 'union' that you can shop him to so he's black listed.
He's not followed the housing act 2004(?).
remember, it's not just £150 you can apply for - its £150 + 3x your deposit.
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If I were in your shoes I would write to him asking for photos of the damage/mess you had left, and an itemised bill for costs to repair/clean. Tell him that if you don't receive this proof within 7 days you will be taking him to court to recover the remainder of your deposit. Point out in your letter that the frank marks on his envelope containing your cheque prove that he only posted it 2 days ago, and due to his proven lies you are unable to take his word for it that he needed to repair the place. Make sure you also tell him that you know the deposit was not held in a scheme, and add that you feel it is regretful that you must resort to taking these steps since this could have all been avoided had he infact used a deposit scheme as he claimed he did.
I wouldn't stand for him getting away with the money for no good reason, but do try to stay detached from it. Just write the letter, get things moving, and in the meantime get on with your life
I wouldn't stand for him getting away with the money for no good reason, but do try to stay detached from it. Just write the letter, get things moving, and in the meantime get on with your life
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If I were in your shoes I would write to him asking for photos of the damage/mess you had left, and an itemised bill for costs to repair/clean. Tell him that if you don't receive this proof within 7 days you will be taking him to court to recover the remainder of your deposit. Point out in your letter that the frank marks on his envelope containing your cheque prove that he only posted it 2 days ago, and due to his proven lies you are unable to take his word for it that he needed to repair the place. Make sure you also tell him that you know the deposit was not held in a scheme, and add that you feel it is regretful that you must resort to taking these steps since this could have all been avoided had he infact used a deposit scheme as he claimed he did.
I wouldn't stand for him getting away with the money for no good reason, but do try to stay detached from it. Just write the letter, get things moving, and in the meantime get on with your life
Yeah, I have thought about doing all of the above and I believe my case would be strong. But for the sake of £150 I just don't have the energy left to get embroiled in all the agro. It's just one of those lessons of life, never trust anybody with your money and certainly I have learnt a lot from some of the mistakes I have made when renting a property. It's just annoying to have to learn these lessons the hard way.
Soldato
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Overall, it's not just for the sake of £150. It's for the sake of £150 plus 3x your initial deposit, and letting the law give this ******* a good hard spanking.
However, and I don't mean to be rude, you've been told this many times during the thread and continue to shoot down the idea of pursuing it legally. As it stands, you have an easy win on your hands for the sake of sending a couple of letters. I told you earlier in the thread that your payment cheque was obviously "in the post" (to use the parlance), and it seems I was indeed correct considering it was only sent a few days ago.
This doesn't HAVE to be a harsh lesson for YOU; YOU can make it a very harsh lesson for HIM. Ultimately, forget it all and fall into your role as the victim, or give the guy a much-deserved pasting in court. Nut up or shut up.