I've got a dodgy broke landlord

[8115]

thanks. I haven't asked him, no but I checked the links to the TDS on Shelter website and nothing.

The AST contract says I have to pay for professional cleaning when I leave but if you recall the chimney business I strongly believe I should do no such thing.

Its mentioned up thread (by RedDragon & 8115) that one can claim unprotected deposits. I'm after a form of words with relevant 'Section X Paragraph Y' if he tries anything funny. Just anticipating bullshit going on past form

Look on Shelters website. This whole 3 x deposit thing is a bit mythical. There are supposedly 3 deposit schemes. Google deposit schemes uk, I am on my phone so I can't link.

 

[Espresso]

It depends when you moved in, as well. If it was before some date I've forgotten in April 2012, there was no legal requirement for the landlord to put the deposit in a secured/protected scheme of any description.

 

[5t3IIa]

It depends when you moved in, as well. If it was before some date I've forgotten in April 2012, there was no legal requirement for the landlord to put the deposit in a secured/protected scheme of any description.

Omfg I moved in Feb 2012! It was way before that, surely? don't want 3x deposit - I just want the same I paid.

Soz I'm on my phone so not going to google but I will tomorrow.

Thanks all I'll be back

 

[RedDragon]

6th of April 2007 is when it came into effect, the deposit protection scheme, that is.

 

[toggle]

One could argue that this "profession cleaning" business is an unenforceable clause. Any able-bodied person should be able to return a property in the same state of cleanliness as it was at the beginning. A lot of letting-agents look at being able to make a deduction for cleaning as yet another revenue-stream. What really matters is the dual-signed and dated check-in inventory.

having been the 'professional cleaner' - exactly.

That said, when I moved out of my last place, the agent still tried to claim it wasn't properly cleaned.

 

[5t3IIa]

6th of April 2007 is when it came into effect, the deposit protection scheme, that is.

I knew it!

I've checked the deposit scheme links - you only have to put minimal detail in so it's not a massive hassle. And I didn't get anything from him so I'm pretty sure it not covered. Also no inventory and after I'd been there a week I walked him round saying "This kitchen cupboard door is broken. The carpet is not clean so I won't be paying for that" but nothing in writing

 

[Puddy_Tat]

There was something in the media this week (can find guardian piece here) which seems to suggest that the dodgiest of landlords get slung out of the deposit protection schemes which doesn't really help tenants...

 

[5t3IIa]

having been the 'professional cleaner' - exactly.

That said, when I moved out of my last place, the agent still tried to claim it wasn't properly cleaned.

I don't want to fucking clean it at all You saw the chimney thread? The place is 'filthy' (yet liveable) and it's nothing to do with me

Also he's not had anyone round to view it so he's obviously going to have a 'void' to tart it up.

 

[5t3IIa]

There was something in the media this week (can find guardian piece here) which seems to suggest that the dodgiest of landlords get slung out of the deposit protection schemes which doesn't really help tenants...

Thank you. Will read tomorrow.

I think he's only got two properties so not a Hoogstraten but he is just as grabby and thick. And my god he talks His sentences are 10 minutes long with irrelevant beginnings and ends

 

[Bitter&Twisted]

5t3lla: if there was no dual-signed check-in inventory the landlord will have no documentary evidence of the condition of the property or it contents. Therefore no deductions from your deposit will be possible.

You need to WRITE to your landlord and ask which scheme your deposit was registered with. Mention that it's been a legal requirement since 6th April 2007 and there are penalties for non-protection.

One of the few good things about an unprotected deposit is that a landlord would find it impossible to legally evict unless there are rent-arrears.

 

[Espresso]

Sorry to have given the wrong information about the date, 5t3IIa.

 

[5t3IIa]

5t3lla: if there was no dual-signed check-in inventory the landlord will have no documentary evidence of the condition of the property or it contents. Therefore no deductions from your deposit will be possible.

You need to WRITE to your landlord and ask which scheme your deposit was registered with. Mention that it's been a legal requirement since 6th April 2007 and there are penalties for non-protection.

One of the few good things about an unprotected deposit is that a landlord would find it impossible to legally evict unless there are rent-arrears.

Thank you thank you. I will write to him. Could you possibly kick me off with the first two sentences? I am trying to keep my tone absolutely neutral and not to do a maomao dEar Facist bUlly boi

Sorry to have given the wrong information about the date, 5t3IIa.

No worries! I knew you were wrong so my heart only skipped 2-3 beats

 

[5t3IIa]

This link is Shelter's deposit scheme checker FYI

 

[Bitter&Twisted]

Thank you thank you. I will write to him. Could you possibly kick me off with the first two sentences? I am trying to keep my tone absolutely neutral and not to do a maomao dEar Facist bUlly boi



No worries! I knew you were wrong so my heart only skipped 2-3 beats

How about something along these lines:


Dear Mr Landlord,

I paid £X amount as deposit when my tenancy started on Y date but I cannot find any confirmation from you that it has been registered with one of the deposit-protection schemes and neither have I received the Prescribed Information informing me of same. As I am sure you're aware deposit-protection has been a statutory requirement for all ASTs starting since 6th of April 2007. What you may not be aware of is that the courts can and often do award the tenant up to three-times the deposit amount as penalty for non-protection, so I'd be grateful if you could furnish me with the information now, so I will be able to claim it back at the end of my tenancy.

Yours,

5t3lla

 

[5t3IIa]

How about something along these lines:


Dear Mr Landlord,

I paid £X amount as deposit when my tenancy started on Y date but I cannot find any confirmation from you that it has been registered with one of the deposit-protection schemes and neither have I received the Prescribed Information informing me of same. As I am sure you're aware deposit-protection has been a statutory requirement for all ASTs starting since 6th of April 2007. What you may not be aware of is that the courts can and often do award the tenant up to three-times the deposit amount as penalty for non-protection, so I'd be grateful if you could furnish me with the information now, so I will be able to claim it back at the end of my tenancy.

Yours,

5t3lla

You're fantastic, thank you so much

 

[Orang Utan]

This sort of happened to me but the landlord took our deposits and fled. He also tried to apply for loans using his tenants' details.
We stayed in the house for months rent free and took a glass coffee table.

 

[DotCommunist]

to shit on obvs

 

[5t3IIa]

Oh hang on Bitter&Twisted - should I say "So I'd be grateful if you'd confirm I'll be returned the full amount before 1pm* on Saturday 28 June" for the last line? Or something?




*The van and the strong men are coming between 1 and 2pm

 

[Bitter&Twisted]

This sort of happened to me but the landlord took our deposits and fled. He also tried to apply for loans using his tenants' details.
We stayed in the house for months rent free and took a glass coffee table.

Crikey, you were very restrained. I'd have stripped the place, including the floor-boards. I've heard you can get a decent price for them on Gumtree (cash on collection only)

 

[Bitter&Twisted]

Oh hang on Bitter&Twisted - should I say "So I'd be grateful if you'd confirm I'll be returned the full amount before 1pm* on Saturday 28 June" for the last line? Or something?




*The van and the strong men are coming between 1 and 2pm

Oh, bugger. I missed where you said you were leaving in a couple of days. In which case if he hasn't protected it you want your deposit back IN CASH when you hand the keys back on the 28th. No deposit, no keys and then you sell them for the deposit amount down the local boozer. Hopefully to a gang of anti-social meth-heads with not-very-nice friends.

The problem is, if you don't get the deposit back you'll need to start proceedings in court and that's going to cost you about £60 for the fast-track. And it takes time. Plus, if he's not got the money or doesn't want to play ball you've got the enforce collection. Total pain in the arse.

 

[5t3IIa]

Oh, bugger. I missed where you said you were leaving in a couple of days. In which case if he hasn't protected it you want your deposit back IN CASH when you hand the keys back on the 28th. No deposit, no keys and then you sell them for the deposit amount down the local boozer. Hopefully to a gang of anti-social meth-heads with not-very-nice friends.

The problem is, if you don't get the deposit back you'll need to start proceedings in court and that's going to cost you about £60 for the fast-track. And it takes time. Plus, if he's not got the money or doesn't want to play ball you've got the enforce collection. Total pain in the arse.

I don't think he would withhold the whole thing but he might try something so this letter to just demonstrate that there's laws about this sort of thing and I know what they are might do it.

This;

I paid £X amount as deposit when my tenancy started on February 2012 but I cannot find any confirmation from you that it has been registered with one of the deposit-protection schemes and neither have I received the Prescribed Information informing me of same.

As I am sure you're aware deposit-protection has been a statutory requirement for all ASTs starting since 6th of April 2007. What you may not be aware of is that the courts can and often do award the tenant up to three-times the deposit amount as penalty for non-protection.

Please confirm the full deposit will be returned in cash at 2pm on Saturday 28 June when I hand you the keys.

 

[astral]

I would just add in the following

"Please confirm the full deposit will be returned in cash at 2pm on Saturday 28 June when I hand you the keys, or provide me with the details of the deposit scheme and written confirmation of the reclaim scheme"

 

[Monkeygrinder's Organ]

Oh hang on Bitter&Twisted - should I say "So I'd be grateful if you'd confirm I'll be returned the full amount before 1pm* on Saturday 28 June" for the last line? Or something?




*The van and the strong men are coming between 1 and 2pm

Say 'I'd be grateful if you'd confirm I'll be returned the full amount before 1pm. The strong men will be arriving at 1.'

 

[DotCommunist]

can the strong men beat the money out of him

 

[5t3IIa]

I would just add in the following

"Please confirm the full deposit will be returned in cash at 2pm on Saturday 28 June when I hand you the keys, or provide me with the details of the deposit scheme and written confirmation of the reclaim scheme"

That sounds like an either/or thing, which obvs it is but isn't that giving him ideas he can do something other than give me my fucking money?

 

[5t3IIa]

can the strong men beat the money out of him

They're going to be tired after the humping I'm going to make them do

 

[Dr_Herbz]

Oh hang on Bitter&Twisted - should I say "So I'd be grateful if you'd confirm I'll be returned the full amount before 1pm* on Saturday 28 June" for the last line? Or something?

 

[astral]

That sounds like an either/or thing, which obvs it is but isn't that giving him ideas he can do something other than give me my fucking money?

I don't think so. Basically it reinforces the threat that you've made above re the 3x deposit thing, without it looking like you're trying extort money from him.

 

[superfly101]

I will be in the fortunate position of having moved out before my final rent payment is due, which gives me some legally dubious options.

Should I pay him a months rent less the deposit? Should I pay him a full months rent and then pursue it through the courts? (I don't even know if I know his real address). Or do I do something else?

Why not write to the address supplied for serving notices (ensure you get a free proof of posting certificate from the post office) in your contract saying:-

As you are aware you had a duty to protect my deposit in an approved scheme under the legislation

The sections are (needs checked this as mine was a Superstrike case so might be slightly different.) Could always use just Housing Act 2004 and Localism Act 2011 instead of getting to specific tbf!

Housing Act 2004 s215(1) which I think is the 14 day protection rule.

Plus If tenancy is still in place after 06/04/2012 it also falls foul of Article 16 Localism Act 2011 - i.e. the 30 day protection rule

I have checked all 3 schemes and can no trace of my deposit being protected. Nor have I receive any communication from yourself including the prescribed TDS documentation. I therefore will be withholding from my last rental payment an amount equal to my deposit amount.
If you are unaware failure to protect my deposit or supply the prescribed information of protection within the time frames could leave you open by myself to a legal claim of deposit plus up to three times the deposit penalty as decided by a judge.

Please either supply the correct and valid information or your acceptance of the above as an end to any legal claim or future claim for monies with regards to (insert address)


or something along those lines?

 

[equationgirl]

Certificates of posting prove something was posted, but they do not prove something was delivered.