Letters before action no court process

[jpkeates]

Having done a bit of research the case Iqbal v Mason does show harassment in 2 instances as a breach

But there's almost no chance of you commencing an action for harassment, so it's all a bit of a waste of effort considering it.
Let alone for someone who's about to be living somewhere else.

Do these insurance companies not check?

What do you think?
They rely on the honesty of someone completing the application (in the sense that they'd drop any claim if it turned out that someone had wrongly answered "have you made any similar claims in the past x years?"

[Pastellion]

Maybe, maybe not but I am sure if he counter claimed any reasonable judge would not look favourably on a violent criminal landlord that forced out decent tenants?
My close family members were landlords ( until it become untenable due to their ages) so I have always until purchasing a property been a really good tenant, as I understand how soul destroying it is to have someone wreck a property and not pay.
Indeed my ex landlord, desperate for us to move into his property asked us why we delayed a week. This was due to us fully painting and thoroughly cleaning our previous let. His response was why bother let them do it. But my other landlord was very fair and he deserved tgat respect. In fact I have letters from previous landlords thanking us gor being great tenants and 'how it is a shame others are not as good' All of this I can prove in court.
I find it strange that there is such a blase attitude of genuine harrassment, even now in my new property I live in fear of this vile individual finding out where we live.

[jpkeates]

I find it strange that there is such a blase attitude of genuine harrassment, even now in my new property I live in fear of this vile individual finding out where we live.

First of all, I'm a landlord.
I regularly give my address to complete strangers who might hate me irrationally all the time.

And second, I'm not blase about harassment.
Go and talk to a solicitor about your idea of suing someone for harassment and see the practical obstacles.
I don't think it's a realistic route forward - particularly compared with the simpler option of making a claim for what you actually want, which is the deposit.

But don't be deterred by my views - they're my own, but you are encouraged to disagree.

[DPT57]

If the landlord allowed you to stay for the extra days, then unless he specifically agreed in writing that you would only have to pay for 4, you owe a month's rent, (assuming you paid rent monthly). If the amount you're disputing is little or no more than this, I wouldn't bother if I were you.

[davetg]

It seems to me that the OP just wants most of his deposit returned - is it really true that a LL can stop this indefinitely by refusing arbitration and saying he intends to take the matter to court? If so does this mean a tenant can use the same tactic to stop a LL legitimately claiming the deposit?

[Pastellion]

DPT57 we owe this landlord nothing. If he did not agree to the 4 day payment he should have contested it and refused the part payment. He wanted us out to sell the house so he got what he wanted. Especially as he listed the house 2 weeks later, but would have instructed estate agent almost immediately for valuation etc.
As I put in this thread this individual broke every law going and also severely harrassed us. Yet we owe this clown a whole months rent!
Clearly this is a landlord forum, so may have a bias and had we been poor tenants would get roasted, part of me wishes I had dragged it out fir months then demanded cash to leave. It seems that having integrity as a tenant you still in the wrong but thanks for your input. I am sure a judge would totally agree with you 🙄

[Pastellion]

davetg it would seem so, although we have written to deposit scheme now stating enough is enough but as the money is sitting in their account all cosy earning interest, pretty sure they wont rush a response. It makes a mockery of the scheme if you get an amateur landlord.

[DPT57]

DPT57 we owe this landlord nothing. If he did not agree to the 4 day payment he should have contested it and refused the part payment.

If he didn't immediately tell you that you were trespassing then I think a court would probably find that he accepted your overstay and that a new tenancy began. You seem to be under the impression that you only owe 4 days rent, but rent for a whole month would have been due. I think you are on a hiding to nothing with this.

[Pastellion]

I dont think you have read this thread. As I put earlier the only address he would give was the tenancy address so the notice stating we would leave in the date ( including overstay) was returned back to house as he had no mail redirection in place. How could I have possibly done more?
Under section 47 and 48 that classes as a legitimate address as in uk.
As for starting a new tenancy this rogue landlord repeatedly tried to illegally evict us. Surely that top trumps a technicality as a new tenancy.
I can understand how frustrating it is for a landlord when facing a professional tenant, but we left as soon as we could.
I can see how some tenants do try it on when dealing with truly awful LL who con and cheat.

[jpkeates]

Under section 47 and 48 that classes as a legitimate address as in UK.

It doesn't comply with s48.
Your notice was still valid if you used that address though.

As for starting a new tenancy this rogue landlord repeatedly tried to illegally evict us. Surely that top trumps a technicality as a new tenancy.

It doesn't.
I'm not convinced that holding over for four days creates a new tenancy, though.

[DPT57]

we gave the landlord from the deposit the amount of rent for the four days which he happily accepted.

What did you mean by this if your letters were returned?

[Pastellion]

That the notice in writing we gave as stipulated on the AST was the address we were renting/ living in.
It transpires that the LL was claiming severe disability ( means tested) while living and working abroad in a high mobility job and did not want to seem if he was not living in the house?
So after giving the correct notice we sent the letter to the address on the AST, which as he was travelling/ working/ having a fab time fraudulently claiming benefits, he did not redirect his mail so it ended up at our address.
As far as we are concerned we gave notice correctly so that it is problem. We had already notified one of the previous panel solicitors that we were moving on x date, but in the meantime could he please stop harrassment.
This solicitor then laughed! Said they were no longer acting on behalf of this LL as ge had breached the terms of the insurance policy due to all of the non compliance.
After we left we then contacted deposit scheme to apply for deposit, agreeing to award him a sum to cover the overstay.
He accepted this straight away but refused the rest, refusing to use their resolution service, and has been threatening us with court action on and off everytime we try to get deposit back after the alloted time periods.
If he does take us to court we have made it clear we will counterclaim and defend for 12 different breaches. It will cost him a considerable sum then if we counterclaim and defend. Which is why I suspect he will nit carry out this threat as ge is a rogue LL in every sense.

[Pastellion]

He is clearly out for revenge, as soon as we started contacting the TRO and police, HSE and solicitors he had to stop claiming benefits. Therefore losing his income to live abroad. Its being done out of pure spite.

[jpkeates]

The only thing you need to do is to make a small claim / MCOL for the deposit (less the £75).
From the sound of it, even if they file some sort of defence, they won't attend the court date and you'll win by default.
You ask the judge to refer to the protecting scheme in their judgement and they'll release the deposit to you.

It might help to ask the deposit scheme if there's a specific reference that they need - but I suspect that they'll use their "single claim" process with a copy of the court judgement attached.

Anything that the landlord does will require that they attend court or hire a legal representative.

[Pastellion]

The chancer LL is giving up, got an email from his panel solicitor telling me they are no longer taking instructions from him. What next? Guess its court as he failed to get a court order again