Ex landlord issue

dalehitchy1 · 19 May 2017 at 22:38

In november my landlord decided he was going to sell the house. He had a couple of views but no bites. He then said he was taking it of market. Then more people came to view. Then he took it off market. And then put it back on. All in a space of three months.

It wasnt a very good position for us one minuite not knowing if we had a house or not. We decided to buy a house. Once we had an offer confirmed we wanted to give our landlord good notice as he was undecided what to do with the property. Before we could tell him he came with a new contract saying rent is going up and its a new 6 month and then rolling contract. Obviously we had to say that we can't sign as we had an offer accepted on a house.

So that was 2 months notice. We didnt have an exact move in date as we didnt know when wed complete. We said it may be 2 weeks notice and thats ok. We eventually completed and it was 2 weeks notice. Returned the keys. Enquired when would we receive our deposit back and he said we will sort it.

My new property is pretty close by and after 4 days of moving out new tenants were in. I enquired about the deposit again. Same answer. 1 week later same again. Today, at the end of the third week.... he is saying

"well you didnt pay the extra amount you owe monthly and you left with 2 weeks notice." Well i didnt sign the contract so I shouldnt have had to pay the extra amount, and he said we would be ok with 2 weeks notice, even though we informed him 2 months prior we would be moving out.

I'm furious with him, after all Ive lived there for 2 years and paid on time. What can I do. The deposit is not in a protection scheme or anything.

THEN THIS HAPPENED 2 HOURS AGO

The landlord just rang my husband. Said we owe him money (we don't... We have paid bills via bank transfer and can prove it). He's obviously just playing a game. He then asked where we lived aggressivly. Husband said that sounded like a threat and he then said it was.will come around and smash our windows. He then called my husband a **** (he's indian... Not that it matters!). I'm annoyed that we didn't think to record the conversation. How horrible is that. There was no need at all.

As far as I'm aware he hasn't used a deposit protection scheme. I havnt received any information on it and i believe this is a legal requirement?

spoffle · 19 May 2017 at 22:57

Yes it's a legal requirement for them to put your deposit into a deposit protection scheme. He'll have basically screwed himself over by doing that.

Rroff · 19 May 2017 at 22:57

If it isn't in a protection scheme and you have the relevant paperwork he is royally ******. The notice is a legal requirement and I'm not sure how an agreement between the two parties otherwise works in that respect - its likely you do owe the legal minimum notice period in rent.

EDIT: If you went onto a rolling contract and didn't agree in writing to any increase in rent then its unlikely he'd be able to reclaim any extra on the monthly rent but its possible to increase the rent with the appropriate notice in writing - every couple of years or so we'd get notice they were putting up rent "inline" with that of the area.

Dis86 · 19 May 2017 at 22:58

I'd report that Do not circumvent the rules with a space between the word-schizo to the police.

dalehitchy1 · 20 May 2017 at 00:00

Oh I will be. At first I was considering let it slide but the racial abuse and threating to smash up our own house was too far.

I'm glad I was right about the deposit protection thing. I know he has around 8 properties and I doubt any of them he has used a deposit protection scheme.

kindai · 20 May 2017 at 00:36

dalehitchy1 said:
I doubt any of them he has used a deposit protection scheme.

Well if he hasn't, then he is liable for 3x the money he has taken.

So if hes got 8 properties and a deposit of £1500 for each, he could be faced with a £36,000 fine.

Jimmeh · 20 May 2017 at 07:29

Please report this guy. Landlords like this give others a bad name and need to be eradicated.

neil_g · 20 May 2017 at 10:31

report him regarding the deposit, also get the police involved for the threats.

asshats like that give other landlords a bad name.

Destination · 20 May 2017 at 10:37

TPS him for the deposit.
Police for the 'racial' abuse, even if he got the wrong race.

Do it, he is scum, acting like scum, get him taken down, or chastened so he thinks twice again.

dalehitchy1 · 20 May 2017 at 11:06

Hikari Kisugi said:
TPS him for the deposit.
Police for the 'racial' abuse, even if he got the wrong race.

Do it, he is scum, acting like scum, get him taken down, or chastened so he thinks twice again.

What do you mean TPS him.

I've found information on that it is illegal to hold the money without the scheme.

I went on the gov.co.uk website which linked me to my local council in derby but they didn't have any foms or explain how I make a dispute.

May have to go down personally

andicole0 · 20 May 2017 at 11:16

Jimmeh said:
Please report this guy. Landlords like this give others a bad name and need to be eradicated.

+1, yes I am a landlord too.
Andi.

Destination · 20 May 2017 at 11:52

dalehitchy1 said:
I've found information on that it is illegal to hold the money without the scheme.
I went on the gov.co.uk website which linked me to my local council in derby but they didn't have any foms or explain how I make a dispute.
May have to go down personally

Start here
http://www.moneysavingexpert.com/mortgages/rent-a-property
then read this
http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

Useful advice, hopefully helps you.

LeeUK · 20 May 2017 at 17:48

I surrendered a tenancy early and the landlord kept the deposit "as compensation", he didn't protect it either.

He got a new tenant in a few weeks later who he had "on hold" so didn't cost him any advertising fees so I doubt he's out of pocket. I told him to take the last month's rent from the deposit to cover the time the property was empty but the deposit more than covers a month's rent. He still wants me to pay a full month's rent as he still maintains the deposit as compensation.

muon · 20 May 2017 at 18:43

LeeUK said:
I surrendered a tenancy early and the landlord kept the deposit "as compensation", he didn't protect it either.

He got a new tenant in a few weeks later who he had "on hold" so didn't cost him any advertising fees so I doubt he's out of pocket. I told him to take the last month's rent from the deposit to cover the time the property was empty but the deposit more than covers a month's rent. He still wants me to pay a full month's rent as he still maintains the deposit as compensation.

Just ignore the landlord.

If it goes to small claims court he will have to show a loss (which as you've said is small and covered by the deposit), and at the same time you can counter claim for the deposit not being protected by 3x the amount.

LeeUK · 20 May 2017 at 20:02

muon said:
Just ignore the landlord.

If it goes to small claims court he will have to show a loss (which as you've said is small and covered by the deposit), and at the same time you can counter claim for the deposit not being protected by 3x the amount.

I'm trying to ignore him but he's making it slightly difficult as he was waiting for me after work last Saturday as apparently I hadn't returned a missed call from him. I half expected him to be waiting again for me today (he knows I work Saturdays and he works away through the week) but I left early to run a work related errand. I told him by text a few weeks ago that I had never received the deposit protection details as thought he might back down but he ignored it.

I'll just wait and see if he tries to do a small claim court and take it from there. Just don't like him visiting me at work.

muon · 20 May 2017 at 20:09

LeeUK said:
I'll just wait and see if he tries to do a small claim court and take it from there. Just don't like him visiting me at work.

Do you have security at work? Have a word with them about him trespassing.

As for waiting for you at work and what not, once the guy realises he isn't gonna get anything through intimidation he will just back off. Don't give any indication that you will eventually roll over.

dalehitchy1 · 20 May 2017 at 23:56

Hikari Kisugi said:
Start here
http://www.moneysavingexpert.com/mortgages/rent-a-property
then read this
http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

Useful advice, hopefully helps you.

Thanks for these. They were very helpful. I've taken one of the templates from there and sending it on Monday. Hopefully this should scare him into giving it me back

Compensation for failure to protect my tenancy deposit

Section 213 of the Housing Act 2004 required that you protected my deposit with a government-backed scheme within 30 days of the payment of my deposit. You were also required to provide me with details of the scheme you’ve used along with certain other information.

You failed to protect my deposit with a government-backed scheme.

You failed to protect my deposit within 30 days of the payment of my deposit.

You failed to give me the necessary information about the tenancy deposit scheme you used within 30 days of the payment of my deposit.

Section 214 of the Housing Act 2004 provides that where the court is satisfied that you failed to comply with your obligations under the law relating to tenancy deposit protection it must order that you pay me one to three times the amount of the deposit paid. As you have a number of properties, this could also be taken into consideration should you not have protected any other deposits you have taken.

Settlement

I am open to reasonable offers about compensation to settle this matter to avoid the costs of going to court.

If I do not hear from you or we are unable to come to a reasonable agreement by the 5th May, I will issue court proceedings in the county court without further notice.

I reserve the right to include a claim for interest on the unreturned deposit.

I will also be asking for an order to cover my costs. I will be relying on court rules for pre-action conduct that say you may have to pay more in costs if you ignore this letter.

Yours sincerely

kindai · 21 May 2017 at 00:01

5th may was over 2 weeks ago

dalehitchy1 · 21 May 2017 at 00:17

kindai said:
5th may was over 2 weeks ago

Oops wrong month lol. That's the date he really should have gave it me tho lol

LeeUK · 21 May 2017 at 01:15

muon said:
Do you have security at work? Have a word with them about him trespassing.

As for waiting for you at work and what not, once the guy realises he isn't gonna get anything through intimidation he will just back off. Don't give any indication that you will eventually roll over.

It's a public/customer carpark and he usually parks up opposite my car and waits for me, he probably knows that he would be pushing it if he actually did come into work and ask to speak to me. We actually met like this once before I took the tenancy out when he was waiting for the application form from me, which I thought was creepy.

He actually knows where I am living as it was never a secret so I can only assume him waiting to meet me after work is to intimidate.

Ex landlord issue

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