Landlord wont complete checkout for deposit t be refunded!

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    Landlord wont complete checkout for deposit t be refunded!

    Ok so me and a friend and our partners rented out a property on the 17th November 2011. The tenancy was for a year but was ended early on the 16th of August 2012.

    The reason for this was that there were numerous issues with the property such as mould in the back room which ruined alot of my room mates posessions. A broken window in the living room that would not close. No key for the garage since we moved in. My room mate still used the garage to store his motorbike, but could not lock it.

    Anyways we contacted the landlord numerous times over and over again. Repetetively, he just made false promises to fix the work that he never would.

    Eventually me and my room mate went to citizens advice about 2 months ago now, who referred us to go to our local council.

    There we filled out a claim to have the property inspected and a week later the inspection took place.

    About a further week later we recieved a letter from the council with all the things tat needed to be amended in the property.

    The mold was noted as well as the window. To our surprise though, so was bout another 20 things, such as the spiral staircase to the kitchen upstairs was a safety hazard. The proper fire security system was not in place. The doors were hollow. There was no extractor fan in the shower room. The list goes on and on..

    The Landlord, obviously majory pissed at us, came round for a visit with his own surveyour. The surveyour claimed the surveyour from the council was an absaloute idiot and didnt know what he was doing.

    The landlord himself was saying that the council are a bunch of w**kers and took things out of proportion.

    We ended up settling the matter by agreeing to move out of the property.

    That way we get out of a property we have now come to hate, and he deals with the property however he likes, as its not our concern anymore.

    We agreed on the date 16th of August, one day before the fllowing month rent was due.

    I gave my notice to the estate agent.

    The foollowing weeks up until that date we had the estate agent arrange lot of viewings on the property, even though the council had deemed it unsafe!

    On the 16th of Augst we done the checkout with only the estate agent present. Me and my mother spent 8 hours cleaning the place and it was spotless. We cleaned all the oven, toilet, sinks, faxed the carpets, the whole lot.

    The person from the estate agent at the end didnt really say too much about the property, just took pictures. I asked about getting the deposit back and he said the Landlord personally insists he also checks out this particular property. I asked if it would delay the deposit, and he said not really it would only take a couple of days.

    I contacted the estae agent on the 28th of August as it had been past the 10 day mark.

    They told me the landlord had not been in touch and that they would contact him.

    I phoned again the next day and a different man answered who claimed that the Landlord had seen the property aa he was with the landlord over the weekend doing a viewing.

    I then phoned the Landlord who said he had only just recieved the keys for the property!

    He said he was going to do the checkout on the weekend but the agency were doing a viewing so he was just 'in and out' so he said.

    He then told me he would do the checkout by wednesday or thursday.

    So i patiently waited. The only other thing i done was contact the agency to try and get details of the deposit protection scheme they used so i could raise a dispute. They said like 'yeah yeah we'll get onto that for you'.

    I phoned again the next day (wednesday) to see if the landlord had been in contact, as i guessed he had not. I asked again about the deposit and was told the guy who deals with it was out of the office.

    Now outraged and in physical pain from the stress the whole situation has caused, as i can not pay for a new place until i get my half of the deposit. I still patiently waited until thursday evening when i phoned the landlord again. He told me he was getting hold of a contacter to do the check out tomorrow.

    I was polite and told me thank you then ended the call.

    The next morning (yesterday now) i tried to phone him to find out whats going on and that he was definately going to do it that day.

    He answered but when i spoke he kept saying 'Hello, Hello?' As if he could not hear me then hung up.

    I phoned again using the house phone in case of a signal problem. Where he done the same thing and stated afer to someone he was with 'i done think they can hear me, must be something wrong with this phone' then hung up again.

    I then text his phone, politley saying 'I did try to call you but it seems that you cannot hear me, is the checkout definately going to be done today?'

    I never got a reply.

    I phoned the agency who told me he had not been in contact with him but he had soe important post to pick up from the agency so will be going there today to get it, and the would call me before they close.

    They closed at 6 so i phoned at 5.30 after hearing nothing from them.

    They told me they had not heard from him and that i should contact him myself.

    I told them its been over two weeks now since the checkout and he still has not done the checkout himself!

    I told them i could not contact him and it appears he is ignoring me.

    They said its not their problem and that its out of their hands.


    Outraged i tried to call the landlord again, who has either blocked me now or turned his phone off.


    I tried to phone him again today (sat 1st september) and still stright to voicemail, or it rings with no reply.

    I phoned the agency again who said they still had not heard from him. I asked again for the DPS details. The guy said theres a particular someone who deals with it who isnt in until monday..

    So i completely confused now as to wat to do.

    I cant go down there myself to the agency to sort anythin as im staying with my partners parents 50 miles away because we cant get the deposit bac for a new place.


    Can someone please give me advice or tell me what kind of legal action i can take against him.

    Also not sure if i mentioned, but i never got details of the DPS when i moved in, and obviously still cannot get it.


    Sorry for the incredibly long post, thanks in advanced for all your help!!

    #2
    So your LL is taking his time over returning your deposit?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      I think I read your rather long thread correctly.

      If you have not yet had confirmation that the deposit is protected in a government approved scheme, follow these links
      Deposit Protection Service
      My|Deposits
      The Dispute Service

      Then let us know if it is protected, and if so, with which scheme.

      Do you have written confirmation that you were okay leaveing before the end of the fixed term without penalty? If not, how would you defend yourself if the landlord said 'I let them go early in exchange for keeping their deposit' or 'they owe me rent 'til the end of the 12 months - so I put the deposit towads that'?

      Comment


        #4
        Presumably the OP would defend himself by saying that he and the landlord agreed an early surrender of the property and/or raising a disrepair claim or taking the landlord to court for return of the deposit and the statutory penalty (as it does not appear he has been given the prescribed information in relation to the deposit within the required time period).
        Disclaimer:

        The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

        Comment


          #5
          Originally posted by bhaal View Post
          OP would defend himself by saying that he and the landlord agreed an early surrender of the property
          I am sure you are right Bhaal - but you know as well as I do that such a defence would hold much more water if OP has some actual proof.

          Having said that, a district judge faced with OP as claimant and a defendant who has failed to comply with the deposit protection regulations is going to have to make a decision as to who he believes - the known lawbreaker or the OP? That certainly doesn't harm Acipunkex's situation.

          Comment


            #6
            Originally posted by Snorkerz View Post
            I think I read your rather long thread correctly.

            If you have not yet had confirmation that the deposit is protected in a government approved scheme, follow these links
            Deposit Protection Service
            My|Deposits
            The Dispute Service

            Then let us know if it is protected, and if so, with which scheme.

            Do you have written confirmation that you were okay leaveing before the end of the fixed term without penalty? If not, how would you defend yourself if the landlord said 'I let them go early in exchange for keeping their deposit' or 'they owe me rent 'til the end of the 12 months - so I put the deposit towads that'?
            The landlord was refusing to do the repairs, and we could not live in the house due to the mould and all the other problems. I dont have written notice but we mutually agree'd on that date that we would move out.

            Surely if i had to take him to court i could defend myself by saying the landlord told us he would not carry out the repairs to the property so we mutually agreed to end the tenancy to avoid further complications for ourselves.

            Like i said i have a massive list of things he has to do to the property before he can let it out. He has done nothing yet was trying to let it out as early as the day we said we were giving in our notice.

            Comment


              #7
              Originally posted by AciPunkEx View Post
              Surely if i had to take him to court i could defend myself by saying the landlord told us he would not carry out the repairs to the property so we mutually agreed to end the tenancy to avoid further complications for ourselves.
              You could use that as a defence to explain why you left early (and should not pay for the balance) and a judge might well agree that that was a reasonable thing for you to do - but it would be a much safer court battle if you could prove what you claim was agreed.

              Have you checked the deposit schemes? What was the outcome?

              Comment

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