Naughty landlord

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Naughty landlord

    Hey all. I know this subject has been exhausted here and there's so much great information. Thanks my situation is slightly different only because I don't actually want to take my landlord to court.
    Basically, I was renting my previous place for 20 months. And (surprise surprise) my landlord did not protect my deposit. I'm going through hell at the moment to get it back. I know I will win the case as I have written confirmation from him saying he hasn't protected it. Moreover, the whole time I was there there were no gas checks/certificates (I found one on a drawer and it was dated to 2008 or something), no fire safety measures (no fire alarms, no electricity supply checks, the appliances were never checked, etc), there was mould (which was reported to him and he told me to keep the windows opened! I know this is breach of Housing Act 2004), he failed to fix basic things like oven, shower and washing machine (which is again a breach of HA. I didn't have a working oven for over 2 months and had to replace the washing machine from my own expense), he failed to register the property as rented with local authorities meaning I have to hassle council tax to pay my tax and he hasn't paid any tax on rent himself (this is probably the most serious!)
    I don't want any compensations. All I want is what lawfully belongs to me. If I take my landlord to court, he will never be able to pay all fines combined (the average fine for lack of gas safety cert alone is £6k per item and/or 6 months in jail!)
    Moreover, he never provided me with signed copies of tenancy nor inventory (again, I requested multiple times and he failed to as much as acknowledge it. He's now trying to charge me for things that are "missing") there were never any photos taken when I moved in and the place was a state! (I moved to the city and needed somewhere ASAP so I wasn't bothered at the time)
    I have been taking all measures to sort it out without the involvement of court however he does truly believe that law doesn't apply to him. He's trying to intimidate me and has provided me with quotes (!) for fixing his floor (which I didn't damage) this apparently costs over £600, £75 for a lock (I removed it with his permission as it was broke when I moved in and I couldn't open the door) and over £140 for the cleaning. Once again, they are just quotes provided to me (and issues) 4 weeks AFTER I have moved out and 3 weeks after his new tenant moved in.
    If I take him to court, he'll never see the end of fines seeing how many laws his breached and seriousness of some of them, however he will not give my deposit back!
    My question is, anyone has any advise of anything else I could do? He has been sent a Letter Before and that's when all the quotes have been emailed me!

    #2
    The link below gives advice and template letters on what to do if your deposit has not been returned. I don't know if you have already seen it.

    http://england.shelter.org.uk/get_ad...es?src=hpban-s

    Comment


      #3
      If you are not prepared to take some cheating crook (be they tenant, agent, landlord or MP..) to court then sadly they will likely get away with it & carry on ripping people off: Follow Shelter link Mrs M has posted and be prepared for more battles..

      Don't forget you are entitled to sue for up to 3x deposit, as well as return of deposit, as it wasn't protected within 30 days..

      A forgetful landlord like you describe may have also forgotten to report his rental income to the tax man.. The HMRC fraud guys are here..
      http://www.hmrc.gov.uk/reportingfraud/

      Maybe 'phone Shelter helpline on 0808 800 444 & see what they say...

      Cheers!
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        There's not a lot of choice if the Landlord doesn't behave reasonably.

        You could try a solicitors letter, which will cost you more money, but might a) make him realise you're serious and b) inform him of his risks.
        Of just start the small claims court process to recover the money - he might offer a defence, but it would be difficult to appear in court to mount the defence as he risks the other fines.

        Interestingly, I don't know what the procedure is for starting a case against a delinquent landlord for the other matters.
        Who do you notify to start the process?
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Thanks for all the advise guys! I think I will have to start court proceedings. Something I've been trying to avoid, however he doesn't leave me with much choice.
          The problem is that he does think the law doesn't apply to him. A lot of this is principle based too, which is not the best way of looking at it really, seeing how much trouble he can get into. He broke the law on several counts.
          Do I have any legal obligation to notify the authorities for lack of gas/fire safety?

          Comment


            #6
            You can report him to HSE here..
            https://extranet.hse.gov.uk/lfserver/external/lgsr1
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment

            Latest Activity

            Collapse

            Working...
            X