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Deposit dispute

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543 views 3 replies latest reply: 20 July 2017
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Tenant

Hiya we moved out at the end of May and we have been having loads of problems with the landlord. It all started when I told them we weren’t willing to buy the house off them.

Anyway there was no inventory. I have a message from the ‘LL that says he will do one after we have decorated, but it never happened. 

In our tenancy agreement there is a clause that says if we do not decorate to their standard then we would have to pay the first months rent. Anyway this date was September 2015. There have been numerous visits since then and nothing has been said about the decoration until we told them we were not buying the property. 

We have reported problems such as leaks and sent pictures of the damage this has caused over 1 year ago and he is now blaming us of doing this.

Since we have left he has been contacting us non stop wirh insults etc. We have had the police sent it him and have now got a harassment order placed against him. 

He has refused to go through the dps from the day we moved out -pur deposit is protected in a insurance scheme. We have now been informed that he will not use the adr and we will have to go through court to get it back.

He has sent threatening messages to us in emails and Facebook’s messages. All the contact he has sent to us we have never responded.

We also never attended the check out and left the keys with the neighbour who he visits regularly as we knew it would end up very badly with someone getting arrested. 

Anyway would all this go against him, especially his behaviour etc if we took this to court? Our deposit was nearly 1k so it’s quite a lot of money.

Also would there be a way to go to court without him being there due to the harassment order?

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Tenant

Hello, 

If the landlord never made a check-in inventory, he can’t claim any of the deposit. He has no benchmark state recorded so there is no way to prove if you did any damage. You can trash the place and there is nothing he can do without a check-in inventory. 

 

Make sure to take as much proof in the courts as you can. Print out all the communication, the harassment order, pictures of the property’s condition etc. I don’t know which ones will be taken into account, as the deposit matter and the harassment are two separate issues, but take them with you non the less. 

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Tenant

Thanks for your reply.

All this really has me worried as we found out he has a violent history and HAS been arrested 3 times for violence before.

Is there any chance we could go to court without him being present, especially if we have a harassment order in place?

He says he has an inventory of the state of what it was like before but I think he is using the pictures that were put online when he tried to sell it. Can he do this as we never signed anything?

We have printed off all the horrible messages etc and the police now have copies of all this.

We took our own pictures of what it was like before and after we left.

We have voicemails but we haven’t even listened to them as it will probably be just a load of abuse like the emails. 

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Tenant

Hello, 

Nobody from the team here is a lawyer or law practitioner, so I can’t at all comment what you can or cannot do in court. You’d want to check our tenant resources page here – http://www.thetenantsvoice.co.uk/your_home/tenant-resources/ – where you can find links to organizations and companies that provide legal assistance. 

I think if you get a solicitor to represent you, you are not required to be in the court room yourself. If the landlord represents themselves, there is likely no option to have them out of the court room. 

In regards to the inventory, it’s good that you’ve been through and recorded the moving in and moving out state. It’s the number one tip we give to tenants when dealing with deposits. 

As I mentioned, the harassment and the deposit are two separate issues, so it’s likely that one will not influence the other. However, if you present better and more

However, if you present better and more organised proof and inventory records, you’ve got a better shot than your landlord does, as this is the most important and often the only evidence that is taken into account. 

Here are some of our articles and guides on the issue:

http://www.thetenantsvoice.co.uk/advice_from_us/tenancy-inventory-check/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

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