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Thieving Landlord

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Finally got my deposit back today after waiting nearly three months for it. However, there is a big chunk missing and just an invoice! no covering letter or anyhting. Just after some opinions from you guys as to what I should do.

I'm being charged for repairing a window which didn't shut properly - the thing is I told the landlady about this a few times while renting including when I moved in, so its completely unjustified.

However, I don't have any proof that it was like this before I moved in. So I am wondering how it would stand up if I went to court?

Arguably its just a repair that needs doing so nothing to do with the tenant? will this hold any weight?

How much should taking out a window replacing hinges and putting the window back in cost? I'm being charged £170!

Finally the invoce is dated prior to when I moved out so I know its complete rubbish (the dozy cow). Would courts also recognise it as rubbish? I'm thinking of ringing the dodgy builders and having a word, i.e. report them to Inland revenue unless they can persuade the landlady to pay me the full deposit, I know they have done all sorts of cash in hand jobs for the landlady so may have some influence. Also if I should ask for a more detailed invoice from them? let them nail their own coffin first?

Blimey a long post, sorry, am probably going on a bit because I am seriously peed off. It was only because I caught her at the house and had words that she sent it at all and she didn't mention charging me for this, no surprise!

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Guest muttley

I'm having a similar problem.See the thread "Another Deposit Withheld" on this forum.

Basically, the landlord is taking £170 off you because he/she reckons you can't be bothered/ don't know what to do.

I would say you have a good case if the invoice is dated before you left.If you are prepared to follow this through you have a good chance of getting back some,if not all of the money taken from you.

Don't let him/her win.

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I'm having a similar problem.See the thread "Another Deposit Withheld" on this forum.

Basically, the landlord is taking £170 off you because he/she reckons you can't be bothered/ don't know what to do.

I would say you have a good case if the invoice is dated before you left.If you are prepared to follow this through you have a good chance of getting back some,if not all of the money taken from you.

Don't let him/her win.

Yes have seen the other thread and was thinking of going down a similar route - just not sure if I have a great case. Mainly because I didn't tell the landlady in writing about the window. But the fact the invoice has been dated before I moved out throws me a lifeline! I'm not gonna let her win as its basically just theft.

My plan now is to ask for a proper tax invoice from the builders and see what they make up - could be good evidence against the landlady.

Then I thought I'd threaten legal action in writing. Ideally I'd like this to be the end of it as I'm not sure if I'd win in court. Reckon she won't just cave in that easily though.

Can you claim expenses back if I win in the small claims court? and would I have to pay her's if I lost?

Think I will wait for 1st cheque to clear then get on the offensive for the rest!!

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I shall repeat.....did you sign an inventory at the start of the tenancy.

Oops forgot to mention, no didn't sign an inventory. Probably because it was a shared house. Yeah I know this doesn't help my case - only leg to stand on I have is that invoice is clearly fraudulent. Plus could probably get ex-housemates as witnesses.

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If you didn't sign an inventory, then the landlord has no leg to stand on, as he cannot prove the condition of the window when you moved in. It is not up to you to prove these things, it is up to the landlord.

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I can't see why it's the tenants responsibility to repair something that is mechanically faulty.

Thats like charging the tenant if the front door hinges snap, it's down to the landlord to maintain

things like this. Unless it's through neglect.

Take the landlord to the cleaners. It might even be worth getting a solicitor to send a letter.

£25 quid well spent. Send one yourself first though.

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Thats all sounding pretty positive cheers guys. especially w.r.t. the inventory - I thought it was up to me to prove not the landlady

Edited by what what

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No problem, let us know how you get on. To be honest, deposit disputes are very simple to resolve, despite the unneccessarily subjective discussions they prompt....it all comes down to the inventory.

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Update:

Sent a letter myself to landlady, got one back arguing (not very convincingly) that she was entitled to keep it.

Sent another letter, this time from a solicitor (a mate) - got no reply

After lots of 'can't be arsed' moments, I've finally got round to formally suing her!! Which feels good. Did it using money claim online and the cost was only £30, which I am claiming off her also.

Just waiting for a response now, tbh wouldn't mind a day in court - even if I lose, at least I will have made my point.

Will update you with any further progress...

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Update:

Not heard anything so I've won by default.

Dunno if thats good or not!? Anyway applied to court for judgement so presumably she will legally have to pay now.

Whether she will or not I don't know, but if not I guess I can send the bailiffs round?!

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Update:

Not heard anything so I've won by default.

Dunno if thats good or not!? Anyway applied to court for judgement so presumably she will legally have to pay now.

Whether she will or not I don't know, but if not I guess I can send the bailiffs round?!

Good one :)

Did you actually have to turn up in court? If so, what was the process like?

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Good one :)

Did you actually have to turn up in court? If so, what was the process like?

No didn't end up in court. I applied online, setting out my claim. The money claim service then issued the claim to my landlady. She had two weeks to respond (from assumed date of receipt). She could either cough up, dispute claim or acknowledge (i.e. cough up or dispute later). I've heard nothing so I have now requested judgement (again did this online).

She should be receiving a judgement in my favour soon :) so I should be getting my money one way or the other!

I got my info and did everything through these links:

http://www.hmcourts-service.gov.uk/infoabo...claim/forms.htm

https://www.moneyclaim.gov.uk/csmco2/index.jsp

Edited by what what

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No didn't end up in court. I applied online, setting out my claim. The money claim service then issued the claim to my landlady. She had two weeks to respond (from assumed date of receipt). She could either cough up, dispute claim or acknowledge (i.e. cough up or dispute later). I've heard nothing so I have now requested judgement (again did this online).

She should be receiving a judgement in my favour soon :) so I should be getting my money one way or the other!

I got my info and did everything through these links:

http://www.hmcourts-service.gov.uk/infoabo...claim/forms.htm

https://www.moneyclaim.gov.uk/csmco2/index.jsp

I wouldnt be to optomistic yet, just because you have a CCJ in your favour doesnt automatically mean you will get your money. Hope you do though.

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I believe if they don't pay after a certain time, you are entitled to interest. My last CCJ allowed interest of 8% to be charged.

Great I thought, let it run a few years before getting it plus the interest. But then I doubted I would get any back. I did in the end, cost me £1,500 in solicitor fees - but worth it.

If she doesn't pay, you can send in the bayliffs, freeze her bank acocunt (garnishee order) - if you don't know her bank acc number you get get an oral examination, or you can place a charge on her property (if she has one).

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Woo-Hoo!! :lol::lol::lol:

I got a cheque today from landlord, including interest and legal fees as per the court judgement!!!!

I was beginning to think about what to do next as well. For info needs to be about £650+ before you can send bailiffs and couldn't charge her earnings as self-employed. Basically leaving trying to freeze her bank account. Anyway don't need to worry about that - unless it bounces :unsure:

Nah think I'll be fine. Anyway dead chuffed!

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Woo-Hoo!! :lol::lol::lol:

I got a cheque today from landlord, including interest and legal fees as per the court judgement!!!!

I was beginning to think about what to do next as well. For info needs to be about £650+ before you can send bailiffs and couldn't charge her earnings as self-employed. Basically leaving trying to freeze her bank account. Anyway don't need to worry about that - unless it bounces :unsure:

Nah think I'll be fine. Anyway dead chuffed!

Good for you! :)

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  • 301 Brexit, House prices and Summer 2020

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      • down 5% +
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      • up 5%



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