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About danswer

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    HPC Newbie
  1. LL is in the UK. Intention is to pay the last month's rent, move out and then try to get the deposit back. One question is whether the 1x or 3x deposit should be pursued before or after the tenancy ends (before I move out essentially)?
  2. The provisions were not met. The LL was supposed send me the deposit protection which he did not do, and the AST he tried to get me to sign not only had the wrong deposit amount (less than actual paid), but also had a "fake" DPS ID (this was confirmed with DPS). Thx All - I'm certainly more confident in taking this court given people posting here have been successful. The question is the timing - should I do this after I have handed the LL the one-month notice? I don't want to give the LL any more rent. Can I then pursue my deposit and damages after the tenancy ends?
  3. 1) The rent was negotiated verbally, but was never formally agreed in writing. At the time of negotiation, the LL gave me the impression he had already registered the deposit with DPS, which I later confirmed was not the case 2) LL sent a new agreement with rent increase, but I would not sign this because, as mentioned earlier: (1) the deposit the LL stated was lower the actual amount paid and (2) no deposit protection was provided at all. 3) No section 13 was ever sent. The LL only registered the deposit this past August (2012). Prior to that, I have in writing from all 3 government schemes that no deposit was EVER registered by the LL at this address. It does sound like it has "irretrievably broken down". It's a shame because all this was motivated by greed by the LL. So the question is whether I wait for him to serve notice or I preempt and hand notice first, whilst finding a new flat to move. I can see the court process being lengthy and tedious - is it worth the effort to get back at the LL? Honestly, I just don't want to deal with this shady LL anymore.
  4. Thx for that. You are correct, I never did sign a new ast with the rent increase included: because (1) the deposit the LL stated was lower the actual amount paid and (2) no deposit protection was provided at all. I'm leaning towards just giving notice and stop paying the LL altogether - should I? I'm willing to move out because this is causing unnecessary stress. However, I will have to pay one more month's rent to serve notice? Will I be able recover my original deposit from DPS after the tenancy ends?
  5. Just to point out that I had written confirmation by all three government deposit schemes that no deposit had previously been protected under that address. If this goes to court, certainly this can be used as evidence.
  6. ************************************************* BUMP: Follow-Up By the Original Poster: ************************************************* Thanks to all for the previous advice. Here are some new developments 8 months after the original post! So I carried on paying the existing rent (as always, on time); I had explained that the new rent was not legally authorised to start until the deposit situation was sorted and new contract signed. It was radio silence from the LL for 8 months! However, just recently, the LL finally lodged the deposit with a protection scheme, and of course I verified this directly with the protection scheme (DPS). Cheekily, the deposit information shows the higher rent, which was never legally in effect! The LL shifted the blame on the managing agents (even though there are no managing agents - it's a let only). Now the LL claims that I owe him for 11 months of underpaid rent, and demand that I start paying the higher rent. The LL is threatening me that solicitors will be instructed to commence legal proceedings against me to recover it as well as any costs! Unbelievable! Well, I've pretty much had it with this LL - I want to stop dealing with such a dishonest LL altogether and move out, but I want to make sure that I also get my deposit back. Even though the LL has finally lodged the deposit, it doesn't excuse the LL of breaching the law since the beginning of tenancy. What is the best way to deal with this situation?
  7. I need some advice on dealing with my landlord, who is not only increasing my rent, but also trying to deceive me out of my deposit. Just over 2 years ago, I took a tenancy of my current flat through a letting agent. I had paid 6weeks deposit and first month's rent on signing. After signing the lease, the agent was quick to point out that they were not responsible for sorting out any problems with my flat; most importantly, putting my deposit into a deposit scheme. The landlord never gave me any information on the deposit scheme, despite me asking for it repeatedly. A year later, the AST came to an end, and at that time the landlord and I came to an agreement to keep the same arrangement for another year. Again, I asked for deposit scheme details, but nothing came from his end, nor was a signed AST. Apparently the LL was abroad, and never got to it -- from my end I continued existing rent assuming statutory periodic tenancy. Now, the LL has decided to increase the rent (big time),originally opening at more than 100pw. He claimed that I was underpaying, and that he could get higher rent from the market by using an agent. Indeed, London rental prices have skyrocketed, but the initial offer was ridiculous! I did a lot of research, and looked at the market prices around my area, and finally was able to negotiate it down, but still, it's more than 20% increase. I requested the LL send a new AST as well as the tenancy deposit scheme details. But when he sent it over, I noticed some big issues. In the new AST, it stated that my last month's rent would be used as the deposit for the new agreement -- my original 6 week deposit was being completely ignored! Furthermore, he noted on the AST that my deposit is "being held by the landlord with the Deposit Protection Service". (What does this mean?!) There was a reference number that I simply could not find on DPS. I pointed out to him that I have all documentation of my original payment for 6week deposit, and I would not be able to sign the new ASTwithout clearing up situation with the deposit. He's come back saying that the agent had misguided him on the deposit payment, however, he still has not sent me anything about the deposit, and claims that I currently owe 2 month's increased rent (despite not having sent the new AST till now) Clearly, he never put my deposit in a deposit scheme, and effectively admitted to that in writing, do I have a case? What are my possible options? I would prefer to avoid the hassle of moving, but the high price of rent has a huge effect on my budget / living costs.
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