landlord and depoist.. Help!!

[rubyroo]

hi all, im in need of abit of advice really,
I rented a property privately in nov 2007 from someone my partner new through his job. The house was actually on the market he couldnt sell and asked if we wanted to rent it. ( it was a new build). Anyway at start of december 2010 he said he wanted to sell the property and would be going on market after xmas.
Me and my partner decided that this was no good as we have to young children 5 and 3 so gave him written notice on 13th dec to move out on 31jan 2011.
* He obviously wasnt happy about it as it would be empty whilst he was trying to sell, but that isnt my problem, so all the stuff started with him.
* Gave me 10mins notice on two occasions to enter the property just before xmas with estate agents, straight after xmas we decided that we would start packing bits and move into parents house on 15th then gives me 2weeks to clean the property up before handing keys back.
* on 7th of jan 2011 i was packing little bits in my car and he turns up with another man which i believe was an estate agent wanting to come in, (no notice was givin), i told him it wasnt suitable for me as house was upside down with boxes etc. he then said you wanna play childish games you see, (thought it was my right not to let him gain access unless consulting me first.
* Got children all settled at parents and was going back every day packing at house, on 10th jan 2011 he had entered my property with out my consent and shut all blinds left upstairs lights on and removed all my house keys from the house.
* he refused to put the keys back and stay out of my property till tenancy ended.
* Since then he has been a pain, wont answer calls and wont give depoist back.
* I sent off through dps on monday to try get my depoist back, but he still hasnt made attempt to sort it.
* My partner txt him on 30 jan 2011 to ask what time would be best to meet him at house with the one remainding key we had and for inspection, he refused and paid someone from estate agent to do a report on it.
* i Absolutly scrubbed the property through and highed a rug doctor for all the cream carpets in the house..
* the house looked spotless, but when the estate agent did report said bedroom 1 carpet gruby, and front room. well to me for being in property 3 and half years with two young children it was spotless, no stains or anything..
* I HAVE NOT SIGNED NO INVENTORY FOR PROPERTY ONLY A TENCENY AGREEMENT.. will that make any difference???

My partner drove past house yesterday and there was professional carpet cleaners there, he has had no contact over depoist and discussed what where gonna get back. i think he wants to keep it all, but i can honestly say that he shouldnt be rewarded any!!

i have pictures of when left property if that help to anyone??
Where do i stand with all this as i think it will be a court issue?? what is wear and tear etc??? can any one give me a little advice please?? thankyou

[westminster]

I rented a property privately in nov 2007 ...Anyway at start of december 2010 he said he wanted to sell the property and would be going on market after xmas.... so gave him written notice on 13th dec to move out on 31jan 2011.

What date (dd/mm/yy) did the last/most recent fixed term contract begin?
What was the length of term?
Was rent payable monthly?

The reason I'm asking is to find out whether you gave proper NTQ because if not, you may be liable for further rent in lieu of notice.

* Gave me 10mins notice on two occasions to enter the property just before xmas with estate agents...
* on 7th of jan 2011 i was packing little bits in my car and he turns up with another man which i believe was an estate agent wanting to come in, (no notice was givin)...
* ... on 10th jan 2011 he had entered my property with out my consent and shut all blinds left upstairs lights on and removed all my house keys from the house.
* he refused to put the keys back and stay out of my property till tenancy ended.

You were fully entitled to refuse access (albeit the tenancy contract may say you must allow viewings at reasonable notice, and it's usually a good idea to be reasonable about viewings). LL was not entitled to remove your keys whilst the tenancy was still in place, and this may comprise unlawful harassment under the Protection from Eviction Act 1977, if LL did it with the intent of causing you to give up occupation early - which isn't to say that it was serious enough to be worth pursing it any further.

* Since then he has been a pain, wont answer calls and wont give depoist back.
* I sent off through dps on monday to try get my depoist back, but he still hasnt made attempt to sort it

Use the DPS' single claim procedure if LL continues to be obstructive. See http://www.depositprotection.com/hel...t-difficulties

* the house looked spotless, but when the estate agent did report said bedroom 1 carpet gruby, and front room. well to me for being in property 3 and half years with two young children it was spotless, no stains or anything..
* I HAVE NOT SIGNED NO INVENTORY FOR PROPERTY ONLY A TENCENY AGREEMENT.. will that make any difference???...

i have pictures of when left property if that help to anyone??
Where do i stand with all this as i think it will be a court issue?? what is wear and tear etc???

Wear and tear is the knocks, marks, and scratches caused by everyday normal life in a property, and not the result of negligence or willful damage. After 3.5 years with two kids, you'd expect a fair degree of wear and tear. The T is not liable for fair wear and tear.

If the dispute ended up being settled by the DPS' dispute resolution service (ADR) or in court (if, for example, the LL chooses to opt out of ADR), then the LL would have to provide hard evidence that you caused any alleged damage. To do this, he'd need proof of condition at the start of the tenancy, and without a check-in inventory or condition report, he'll find it very difficult. Therefore, you'd have a good chance of winning.

[rubyroo]

thanks for your reply, i had no tenacy agreement in place i last sign one when we first moved which was for 6 months and have not signed anything since.
yes rent was paid monthly of sum of 680, on the tenacy agreement it says that 4weeks written notice to be giving. which we gave him more than that written notice.

Will leave it till the 14days have expired then try a single claim, its just all this hassel i didnt need but dont see why i should just let him keep my depoist when house was in perfectly good contition.

Who starts the process of court, is it myself or LL that does that?? no an inventory was not used didnt even no about one till read it on here. will i have to pay for all court cost etc, if it does come to that??

can the LL start works on the property and try billing me or has he got to disscuss problems with me first?? but there is nothing wrong with the property, to be nit picky a chip missing off plastic toilet set..

oh and the shower leak which he was told about numerous of times and didnt do nothing about, so there is a little brown stain on the dining room ceiling, but surely thats not down to me?? thanks

[westminster]

thanks for your reply, i had no tenacy agreement in place i last sign one when we first moved which was for 6 months and have not signed anything since.

Fine, but can you answer the other question, please? i.e. What date (dd/mm/yy) did the fixed term contract begin?

Who starts the process of court, is it myself or LL that does that?? no an inventory was not used didnt even no about one till read it on here. will i have to pay for all court cost etc, if it does come to that??

If it comes to that, either of you can claim. You could claim for return of the deposit, and the LL could then counterclaim for alleged damage; or LL could start the claim against you for damage, and you'd then counterclaim for return of the deposit. Whoever starts the claim pays the court fees, and they're added to the claim, and whoever loses has to pay them. Court fees are fairly low in the small claims track.

can the LL start works on the property and try billing me or has he got to disscuss problems with me first?? but there is nothing wrong with the property, to be nit picky a chip missing off plastic toilet set..

oh and the shower leak which he was told about numerous of times and didnt do nothing about, so there is a little brown stain on the dining room ceiling, but surely thats not down to me?? thanks

It's important to behave reasonably, and there should be some attempt to come to a mutually agreed arrangement, especially before starting a court claim. If you don't agree with any deductions, however, then you've no obligation to agree.

Note that the LL doesn't have to actually repair or clean anything he claims is damaged or dirty, he just has to prove he suffered a loss. So it makes no difference whether he starts work or not if he has the necessary evidence - but, as I said, he'll have a hard time without a check-in inventory.

If you reported the shower leak immediately you knew about it, then the water stain is not your liability, but if LL denies you reported it, you might have to show some evidence that you did.

[rubyroo]

the fixed date started 01/12/2007, iv just read my emails from dps and he wants my whole depoist money with no explanation what so ever, so i dont really no what to do next..
i would like to no why he is keeping it for a start but he will not answer my calss all tx messages..

what evidence will i have to show in court etc??

[westminster]

the fixed date started 01/12/2007

Good, you gave correct notice, then. Assuming you moved out on or before 31st Jan, then the tenancy ended that day with no further rental liability.

iv just read my emails from dps and he wants my whole depoist money with no explanation what so ever, so i dont really no what to do next..
i would like to no why he is keeping it for a start but he will not answer my calss all tx messages..

what evidence will i have to show in court etc??

The basic position is that the deposit is your money and the onus is on the LL to prove that he's entitled to keep all or some of it. Therefore, all you would usually have to prove is that you paid a deposit in the first place. It's the LL who'll have to submit evidence to prove the alleged damage (but it won't hurt to submit your own evidence, such as the photos you took).

As for next steps, follow DPS procedure first, and then:

1) if LL fails to respond to the DPS at all, use the DPS' single claim procedure
2) if LL does respond, and indicates that he will not agree to use ADR, then send him a letter before action demanding the deposit to be refunded by a deadline (e.g, two weeks), and say that if it isn't you'll bring a county court claim. (keep copy letter and get a free certificate of posting)

You can start a claim online at Money Claim Online. You don't need to use a solicitor; it's designed for use by litigants-in-person. But you'll probably find it helpful to buy a book on small claims procedure - try Amazon, or borrow one from the library.