Landlord threatening to take action

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    Landlord threatening to take action

    Hi guys, First post in this forum. Let me tell you my situation. I left my room at the property i was staying a month ago. I told my landlord when i was leaving, i left the keys of the property inside and everything seemed to be quite transparent. He told me he would be giving me my deposit back before leaving, this didn´t happened and he said he would do me a transfer that he has not done. The other two flatmates i was living with have also left the property by now.
    The week after i left, i got a call from my landlord saying that I owed him 1600 pounds from the rent since january. This is a lie, since I have payed him regularly every month. Problem is, me and my flatmates payed him in cash and none of us have any receipt or paper that states that we have been paying him monthly (except for the fact that he came home to collect the rent). So there is no bank transfer, no document that states that I have payed him or that he has received the money (i´ve been staying in the flat for over a year and a half and never had problems before, so i really don´t know where and why this amount is coming from).
    The contract itself is quite dodgy. My deposit was never secured (something i learnt about after having signed the lease, a beginners mistake, as to say) so i have assumed by now i won´t get it back. Secondly, i signed a copy of the contract with one of my flatmates and then the other flatmate had a separate contract, as for the council there were only two of us living in the property . Thirdly, i the lease contracts i signed where three months- six months contracts. There were months were some of the flatmates moved out and we wouldn´t sign a new lease until there were three of us on the flat. So there has been months that we have been staying at the house without any contract, for example, my last lease ended on the 31 of march but i stayed on the flat until the 4th of may (he said he would give me and my flatmates a new lease but he never did it).
    As i told you, he called me the week after claiming i owe him money (and i know he has done the same with my old flatmates). He has also written a letter to my home address in Spain (it was a mandatory field on the first lease i signed), addressed to my parents who were never my guardians as I am well over age, telling them the situation (they were already aware of it, so this didn´t caught them off guard). He also claims i owe him utility bills, but he again he refuses to show any bill- those utility bills, such as the electricity, were on his name and neither I nor any of my flatmates had access to any online account to check the information.
    When I left the flat i moved to Spain and i have no intention of coming back to the UK in the short-medium term. But my landlord is threatening to take action about this ficticious money i owe him and since there is no evidence i ever payed him and I am applying for a position where i need a clean criminal record, i am a bit worried about what actual legal actions he could take and how could this affect me.
    Also, can his attitude be considered harassment?
    Any advice will be welcome

    #2
    Fob him off asking him for copies of the receipts of all your payments and asking him to highlight those are missing

    put the onus on him to prove you haven’t paid

    don’t pay him anything

    then at some point he’ll threaten court action, don’t fall for this, so if he try to go to court he’ll lose and also at this point you can claim your deposit back

    do you have any proof all payment’s are in cash?

    Comment


      #3
      Send him a subject access request asking for all the information he has from your rental time

      Ask him why he did not produce a rent book- this is a legal requirement where tenants pay cash.

      Am I correct in assuming that the other tenants have witnessed you and others paying rent.

      Tell him he has 7 days to pay your deposit back or you are going to take further action including small claims / property chamber, note that you will opt to attend via Zoom if it goes to the hearing stage.

      Also ask your local authority (where the rental property was) as he may be running a HMO without permission (they will be able to look up the address)

      Is he on the landlord register?
      https://www.landlordregistrationscotland.gov.uk/

      Comment


        #4
        Originally posted by Carlos Luzar View Post
        My deposit was never secured
        If this is the case, it puts your LL in a weak position and would be a potential negotiating tool for you.

        There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

        Comment


          #5
          The landlord is doomed, too many school boy errors. The advice above you need to follow but your case is more than water tight if you can show bank account withdrawals for the rent as well.

          Comment


            #6
            'phone Shelter Scotland 0808 800 4444 Monday and ask for advice about how to proceed.

            Link to info on deposits & claiming penalty from landlord (up to 3x deposit) here...

            https://scotland.shelter.org.uk/hous...eposit_schemes

            Silly Landlord!

            Slàinte mhath!
            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

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