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Deposit - Landlord Trying It On

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I have a problem with my recent landlords (a couple), and I really hope you can help. The sticky threads have been illuminating - thanks.

My situation:

My tenancy expired at the end of July, and I promptly moved out. My landlord has tried pulling a fast one with my deposit, coming up with bogus claims re damage to furniture - e.g. stains on the sofa which were there when I moved in, and missing bits of furniture (a rug!?) which were never even present in the flat! They are using this as an excuse to take 400 pounds from my 900 pound deposit - returning only 500 today - this when they didn't fix my toilet for the entire last month of my tenancy despite me taking days off work to wait for their plumber who kept no-showing.

So currently, I'm pretty peeved by their behaviour and was feeling pretty depressed until I starting reading the sticky threads here, I didn't realise it earlier but I think I have them over a barrel because:

(i) They didn't use the deposit protection scheme

(ii) They didn't give an inventory and I didn't sign any, when moving in.

(iii) didn't fix my toilet for a month

(iv) have tried scamming me out of 400 pounds

I wrote to them today, asking them to produce evidence of my deposit being in a TDS, and an invetory, so that we could take our dispute to the TDS resolution process (knowing full well they have neither an inventory or a TDS letter or ceritficate), and that if they didn't - then they haven't given me a chance to dispute the bogus deductions and so will file a claim under the Housing Act (I also cited the N208 form, and the mandatory 3 times deposit fee) - to then pay me the full deposit amount plus a rebate for the non-functioning toilet. To be honest, I'm really quite angry, and fancy suing them for the 3x deposit even if they pay up by my imposed deadline of this Friday. I'm sick of being pushed round by them for over 2 years, and to have this on top really gets to me. I just know they're the sort of people who will try and get away with it on their next tenancy, and the next so I want to stop them.

My questions:

(1) Can I lodge a N208 claim now that the tenancy has expired? Unforunately, I didn't realise I could claim on the non-TDS protection until very recently.

(2) If they pay me the full deposit back on Friday, can I still file a N208 claim since they didn't protect the deposit, or provide evidence of it within 14 days of the tenancy starting?

(3) Should I get legal advice, or is this largely cut and dried, so long as I follow the instructions on the threads?

(4) What, if any, kind of claim could I make re the toilet being broken and not fixed? Is it worth it if I can claim on the non TDS protection? Their defence seems to be along the lines that I didn't allow unsupervised access to the property (I didn't allow it because the last time I did allow it, all my drawers had been rifled through). I also stayed home to wait for their plumber who failed to show numerous times. Is this a reasonable defence do you know?

Many thanks and thanks for bearing with me!

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I have a problem with my recent landlords (a couple), and I really hope you can help. The sticky threads have been illuminating - thanks.

My situation:

My tenancy expired at the end of July, and I promptly moved out. My landlord has tried pulling a fast one with my deposit, coming up with bogus claims re damage to furniture - e.g. stains on the sofa which were there when I moved in, and missing bits of furniture (a rug!?) which were never even present in the flat! They are using this as an excuse to take 400 pounds from my 900 pound deposit - returning only 500 today - this when they didn't fix my toilet for the entire last month of my tenancy despite me taking days off work to wait for their plumber who kept no-showing.

So currently, I'm pretty peeved by their behaviour and was feeling pretty depressed until I starting reading the sticky threads here, I didn't realise it earlier but I think I have them over a barrel because:

(i) They didn't use the deposit protection scheme

(ii) They didn't give an inventory and I didn't sign any, when moving in.

(iii) didn't fix my toilet for a month

(iv) have tried scamming me out of 400 pounds

I wrote to them today, asking them to produce evidence of my deposit being in a TDS, and an invetory, so that we could take our dispute to the TDS resolution process (knowing full well they have neither an inventory or a TDS letter or ceritficate), and that if they didn't - then they haven't given me a chance to dispute the bogus deductions and so will file a claim under the Housing Act (I also cited the N208 form, and the mandatory 3 times deposit fee) - to then pay me the full deposit amount plus a rebate for the non-functioning toilet. To be honest, I'm really quite angry, and fancy suing them for the 3x deposit even if they pay up by my imposed deadline of this Friday. I'm sick of being pushed round by them for over 2 years, and to have this on top really gets to me. I just know they're the sort of people who will try and get away with it on their next tenancy, and the next so I want to stop them.

My questions:

(1) Can I lodge a N208 claim now that the tenancy has expired? Unforunately, I didn't realise I could claim on the non-TDS protection until very recently.

(2) If they pay me the full deposit back on Friday, can I still file a N208 claim since they didn't protect the deposit, or provide evidence of it within 14 days of the tenancy starting?

(3) Should I get legal advice, or is this largely cut and dried, so long as I follow the instructions on the threads?

(4) What, if any, kind of claim could I make re the toilet being broken and not fixed? Is it worth it if I can claim on the non TDS protection? Their defence seems to be along the lines that I didn't allow unsupervised access to the property (I didn't allow it because the last time I did allow it, all my drawers had been rifled through). I also stayed home to wait for their plumber who failed to show numerous times. Is this a reasonable defence do you know?

Many thanks and thanks for bearing with me!

1 You can still submit your claim but apparently a relatively recent court ruling pohibits the 3x part if the tenancy has ended (I know cok is it, dumb azz judges), theres a thread somewhere on this-look up Kaladorm's posts, he certainly spoke of it on another thread recently.

2 Don't think so as there is then no monies to be recovered

3 I think its cut and dried, no protection-no deductions, if there is actually damage the LL could I guess sue you for that but unlikely as they will just be trying it on

4 You would have to lodge a seperate case for breach of contract, but it is largly irrelevent to the issues other than they are typical bad LL, the job should be undertaken ata time by mutual agreement. Although I think if the contract had a clause of costs on you for your no show then the oft says that it is symmentric and you can charge for costs as a result of thier no show.

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(1) Can I lodge a N208 claim now that the tenancy has expired? Unforunately, I didn't realise I could claim on the non-TDS protection until very recently.
No, see here: http://tenancyanswers.ucoz.com/index/section_214_claims/0-45
(2) If they pay me the full deposit back on Friday, can I still file a N208 claim since they didn't protect the deposit, or provide evidence of it within 14 days of the tenancy starting?
No, see above link
(3) Should I get legal advice, or is this largely cut and dried, so long as I follow the instructions on the threads?
Cut & Dried. If you sue to recover your deposit, it will be a standard part 7 claim which is likely to be allocated to the small claims track. Your legal costs would NOT be recoverable from the other side in the small claims track.
(4) What, if any, kind of claim could I make re the toilet being broken and not fixed?
If you sue for our deposit, you could probably sue for this as part of the same claim. Putting a value on it is difficult, but it would be no more than the rent for the period, AND due to the financial limits on disrepair claims in the small claims track you'd be well advised to keep it below £1k. The judge is not a plumber, so he can not reliably assess the claim, so he will require expert statements, which will cost you :(

There is a pre-action protocol that has to be followed for disrepair claims: http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_hou.htm

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  • 284 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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