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Landlord Provided Fraudulent Information

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Hello,

I'm hoping to get some advice here.

I recently found out that my landlord has provided fraudulent information on my contract, which I would not have signed if I had known the information provided was false. The deposit protection scheme and the account ID for the scheme listed on the contract turned out to be false. The landlord did not protect my deposit.

When I asked for my deposit back, he was afraid that I'd take him to court so he gave the deposit back. However we're still in dispute for the disrepair in the property. Is there anything I can do based on the fact that he has provided fraudulent information?

Thanks everyone!

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I'm fairly sure that you can still claim against the landlord for not protecting your deposit despite it being returned. The claim is not for compensation. It is a penalty for non protection levied by the courts. If you are in England you have 6 years from the date the deposit should have been protected. Your landlord should know this.

Do you want out of the tenancy agreement or do you just want the repairs done? If I were you, I'd head over to the landlord zone forum and ask them. Majority of posters are landlords but seem reasonably willing to help tenants.

http://www.landlordzone.co.uk/forums/

Edited by little fish

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nevermind. I'm still not 100% sure with what I've been told.

I've heard though of landlords protecting the deposit late or returning the deposit entirely and escaping sanction. I was surprised by this as I was convinced they couldn't do this but it turns out they can if the tenancy hasn't ended.

Edited by spacedin

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So you have moved out - you have your deposit back - you have proof he acted fraudulently that could result in him being fined X times the deposit if you take it further - and you are not sure what to do ?

As long as you havent caused any of the damage and are in the right - then tell the Landlord to ram it and if he wants to continue this dispute you will start another one.

They will back off - this type always do. You need to fight c*ntiness with c*ntiness. But smartly.

The fact they already gave in re. the deposit without much of a fight tells it all.

Edited by ccc

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Thanks everyone for your reply.

I realised I wasn't clear at all about what happened. Apologies for that! So what happened is:

1. The landlord provided the name of deposit protection scheme and the account ID on my contract which was signed in 2014. I recently found out that the account ID given doesn't exist and my deposit was not protected. The problem is, the landlord set the deposit very low (£600) and I'm not sure if any solicitor would take this on on a no win no fee basis, and from my research it seems that I can't use money claim online for this?

2. There was issue with boiler in the property. It took the landlord over 3 months to decide to replace the system. The repair work took over 40 days, and during this time there were a week without hot water and two weeks without heating, and it was in January while it snowed outside! The plumber that did the repair drilled holes on the walls and ceilings to connect the pipes, so now that the work is done there are holes on the ceilings and walls in every room in the property. I asked the landlord for compensation for the extended disruption and discount on rent for the damaged interior, but he blatantly refused. He said I still had full use of the property during this time, which is completely untrue!

3. When there was no heating and hot water, I asked the landlord to arrange alternative solutions but didn't get any. I said I would find alternative solutions and deduct the cost from next month's rent in that case. The landlord then served a section 21 - I told him it's invalid as he didn't protect my deposit. However I'm still in the process of moving out as the landlord has proven to be heartless.

I know the best thing to do is just move out and forget about this, but it's so unjust that I really want to get the landlord to compensate me in some way, or even get him to be penalised by court. It's not about money for myself anymore. Well, it would help with the move, I have to say. But mainly I think there should be some sort of punishment...

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Thanks everyone for your reply.

I realised I wasn't clear at all about what happened. Apologies for that! So what happened is:

1. The landlord provided the name of deposit protection scheme and the account ID on my contract which was signed in 2014. I recently found out that the account ID given doesn't exist and my deposit was not protected. The problem is, the landlord set the deposit very low (£600) and I'm not sure if any solicitor would take this on on a no win no fee basis, and from my research it seems that I can't use money claim online for this?

2. There was issue with boiler in the property. It took the landlord over 3 months to decide to replace the system. The repair work took over 40 days, and during this time there were a week without hot water and two weeks without heating, and it was in January while it snowed outside! The plumber that did the repair drilled holes on the walls and ceilings to connect the pipes, so now that the work is done there are holes on the ceilings and walls in every room in the property. I asked the landlord for compensation for the extended disruption and discount on rent for the damaged interior, but he blatantly refused. He said I still had full use of the property during this time, which is completely untrue!

3. When there was no heating and hot water, I asked the landlord to arrange alternative solutions but didn't get any. I said I would find alternative solutions and deduct the cost from next month's rent in that case. The landlord then served a section 21 - I told him it's invalid as he didn't protect my deposit. However I'm still in the process of moving out as the landlord has proven to be heartless.

I know the best thing to do is just move out and forget about this, but it's so unjust that I really want to get the landlord to compensate me in some way, or even get him to be penalised by court. It's not about money for myself anymore. Well, it would help with the move, I have to say. But mainly I think there should be some sort of punishment...

You've received appalling treatment and I completely understand your desire for revenge. However, as it sounds like you can move on financially unscathed I wouldn't waste any more time on this numpty of a landlord and get on with your life.

If you want revenge you could "confirm" to HMRC that you've been renting a house off this person and what the annual rent has been.

Edited by Exiled Canadian

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You've received appalling treatment and I completely understand your desire for revenge. However, as it sounds like you can move on financially unscathed I wouldn't waste any more time on this numpty of a landlord and get on with your life.

If you want revenge you could "confirm" to HMRC that you've been renting a house off this person and what the annual rent has been.

It's funny. Most people I spoke to about this told me they doubt that the landlord is declaring this rental income. Is it some sort of common practice? I'd seriously considering reporting him if he keeps refusing to compensate or even just apologise...

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So, basically you were a very bad tenant. One of those ones who had the audacity to expect to live in the conditions you initially agreed to on your tenancy agreement, the ones that determined the rent you paid. Your landlord was prepared to illegally evict you for that. In order to do so, he faked deposit protection details.

A huge part of the arogant attitude that LL's show to tenants comes from the fact that they get away with poor behaviour far too often.

LL's are only in it for financial gain so the only way to teach them is by financial loss. If you don't feel able to complete the court forms yourself, see a solicitor. Many will be happy to look at this and advise properly.

Edited by little fish

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So, basically you were a very bad tenant. One of those ones who had the audacity to expect to live in the conditions you initially agreed to on your tenancy agreement, the ones that determined the rent you paid. Your landlord was prepared to illegally evict you for that. In order to do so, he faked deposit protection details.

A huge part of the arogant attitude that LL's show to tenants comes from the fact that they get away with poor behaviour far too often.

LL's are only in it for financial gain so the only way to teach them is by financial loss. If you don't feel able to complete the court forms yourself, see a solicitor. Many will be happy to look at this and advise properly.

That was exactly the reason for my claim - that I did not live in the conditions I agreed to pay for, so I want compensation for the services unavailable and some for emtional distress. The landlord said he would not "entertain disproportionate claims for damage". How does he know how stressful the situation is? I basically lived in a building site for over 40 days because of this. His sister is a solicitor so my claim does not concern him one bit. He has got his sister to send me legal letters threaten to sue me for rent arrers (I did not pay this month's rent as it's lower than the sum I claim).

Does anyone have any suggestions on law firms that may take this on? I spoke to a few but they all said they would not be able to take this on on a no win no fee basis...

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Shop him to the HMRC, tell him to stuff his claim - you will open up a separate complaint with the deposit scheme (in fact, do it anyway). Get on with your life.

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It's funny. Most people I spoke to about this told me they doubt that the landlord is declaring this rental income. Is it some sort of common practice? I'd seriously considering reporting him if he keeps refusing to compensate or even just apologise...

If your landlord can't be "bothered" to protect your deposit what's the chance he/she can't be "bothered" to fill in their tax return?

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Tell him to point out to his solicitor sister that you are prepared to provide HMRC with his details of the rental agreement and payments.

Watch him squirm .

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Thanks everyone! It looks like disclosing this to HMRC would be my best option. The landlord also keeps having his post sent to the property, thought he has been letting it out for at least 5-7 years. Could it be that there is some sort of mortgage fraud involved? I wouldn't be surprised given what I've seen so far...

I've been told that providing fraudulent information on the tenancy agreement could be deem fraudulent misrepresentation. Would I be able to tell the landlord that I will leave the property without giving notice, given that it is at the misrepresentee's option to void the contract...?

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Surely the misrepresentation occurred after the tenancy was entered into? You didn't enter into the contract on the basis of the false information. You may be able to make a small claim for the penalty for non-protection of the deposit.

As well as HMRC you could inform the police. Making a false instrument with the intention of inducing you to accept it as genuine, and would not therefore make a claim for non-protection, would appear to be an offence contrary to s.1 of the Forgery and Counterfeiting Act 1981. You might ask whichever scheme it purported to be from to make a complaint too.

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Surely the misrepresentation occurred after the tenancy was entered into? You didn't enter into the contract on the basis of the false information. You may be able to make a small claim for the penalty for non-protection of the deposit.

As well as HMRC you could inform the police. Making a false instrument with the intention of inducing you to accept it as genuine, and would not therefore make a claim for non-protection, would appear to be an offence contrary to s.1 of the Forgery and Counterfeiting Act 1981. You might ask whichever scheme it purported to be from to make a complaint too.

The misrepresentation occurred when the tenancy was entered into. The false information was provided on the tenancy agreement, which I would not have signed if I had known it was false. It's true that I did not enter into the contract solely on the basis of this information. However it did form part of the contract.

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Thanks everyone! It looks like disclosing this to HMRC would be my best option. The landlord also keeps having his post sent to the property, thought he has been letting it out for at least 5-7 years. Could it be that there is some sort of mortgage fraud involved? I wouldn't be surprised given what I've seen so far...

I've been told that providing fraudulent information on the tenancy agreement could be deem fraudulent misrepresentation. Would I be able to tell the landlord that I will leave the property without giving notice, given that it is at the misrepresentee's option to void the contract...?

If his post includes letters from a bank or building society then it seems likely he has not informed his lender that he rents out the house.

You could simply return the letter to the sender (unopened) writing "Not living at this address" across the front of the envelope.

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If his post includes letters from a bank or building society then it seems likely he has not informed his lender that he rents out the house.

You could simply return the letter to the sender (unopened) writing "Not living at this address" across the front of the envelope.

I'm not sure who the senders were...never opened those letters. In fact, there is a clause in my contract that I am required to forward all the landlord's posts to him (within 7 days if I remember correctly). I didn't think too much about it but now it seems rather suspicious!

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I'm not sure who the senders were...never opened those letters. In fact, there is a clause in my contract that I am required to forward all the landlord's posts to him (within 7 days if I remember correctly). I didn't think too much about it but now it seems rather suspicious!

Sounds suspiciously as if he has an OO mortgage on a BTL property. It would be a very good reason for not having his mail sent to his own home.

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No advice but report him to HMRC on the offchance he is not declaring his rental income (which is quite likely if he is prepared to screw you). You can do it anonymously online and once you have moved out you will have nothing to lose (once the issues are settled). https://online.hmrc.gov.uk/shortforms/form/TEH_IRF?dept-name=TEH&sub-dept-name=&location=39&origin=http://www.hmrc.gov.uk

Also, do you know if he has permission to rent his property from the mortgage company? Have you ever accidentally opened his post (perhaps the his name is similar to yours) ;)?

I would contact Shelter for legal advice re your situation. http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

Edited by fru-gal

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No advice but report him to HMRC on the offchance he is not declaring his rental income (which is quite likely if he is prepared to screw you). You can do it anonymously online and once you have moved out you will have nothing to lose (once the issues are settled). https://online.hmrc.gov.uk/shortforms/form/TEH_IRF?dept-name=TEH&sub-dept-name=&location=39&origin=http://www.hmrc.gov.uk

Also, do you know if he has permission to rent his property from the mortgage company? Have you ever accidentally opened his post (perhaps the his name is similar to yours) ;)?

I would contact Shelter for legal advice re your situation. http://england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

No I never opened his post (unfortunately?) so I'm not sure if those mails were from the lender or if he has permission to rent. It never crossed my mind that he may not have the permission! Now I really want to find out...and maybe report him!

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No I never opened his post (unfortunately?) so I'm not sure if those mails were from the lender or if he has permission to rent. It never crossed my mind that he may not have the permission! Now I really want to find out...and maybe report him!

Please remove the above word. :D

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Please remove the above word. :D

Haha yes, I WILL report him. How do I go about finding who the mortgage provider is though? A friend mentioned Action Fraud, but they seem to be primarily dealing with internet fraud.

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Why not the HMRC whistleblower line Instead ? I don't know how you would find the lender - must be a way.

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I think it is probably the Land Registry as the Bank or mortgage company will have a charge on the property.

I am pretty sure the lender is specified on the LR - I think you have to pay a few quid though.

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