Illegal landlord - lawyer recommended
Discussion
fido said:
The deposit wasn't protected. Don't want to go in to the details but the LL sounds like all the worse stereotypes you could conjure on PH(!) My colleague is happy to spend his £s/SFr to screw this guy over ..
For the deposit - just a simple small claim. If the deposit wasn't protected at all, then he can claim for three times the amount of the deposit.For the other issues, depends on what they are.
PAULJ5555 said:
In Wales I legally have to have a licence to be a self managed landlord maybe this will come over to England at some point.
Some local authorities already have licences. But is somebody who's ignoring other legal requirements going to be overly worried about another piece of paper?TooMany2cvs said:
Some local authorities already have licences. But is somebody who's ignoring other legal requirements going to be overly worried about another piece of paper?
Sounds like this particular LL. He is using a solicitor in East London now. I explained that he could go to Small Claims but he doesn't seem very clued up. Fair enough I wouldn't know what to do in Geneva.TooMany2cvs said:
PAULJ5555 said:
In Wales I legally have to have a licence to be a self managed landlord maybe this will come over to England at some point.
Some local authorities already have licences. But is somebody who's ignoring other legal requirements going to be overly worried about another piece of paper?Its not needed anyway as we already have the DPS, trading standards, citizens advice, environmental health, HSE.
fido said:
Sounds like this particular LL. He is using a solicitor in East London now. I explained that he could go to Small Claims but he doesn't seem very clued up. Fair enough I wouldn't know what to do in Geneva.
Which country was the tenancy in? From this post it implies Switzerland?KevinCamaroSS said:
Which country was the tenancy in? From this post it implies Switzerland?
In London. Sorry, if my post was confusing. Colleague is actually ex-colleague (was fired) from Geneva. He turned up in London earlier this year and seems to be contacting me all the time about LL problems! I haven't rented for a few years now but always checked that the deposit went into the TDS - wouldn't rent a flat without one. It's about time they cracked down on this - it's quite unacceptable.Edited by fido on Monday 19th September 15:09
PAULJ5555 said:
Very true that's why I am against it, as for the law abiding it costs you £200 and you sit an exam, the dodgy ones just wont bother.
Its not needed anyway as we already have the DPS, trading standards, citizens advice, environmental health, HSE.
And you know who ultimately ends up paying for their 'extra protection' via this online form etc... Maybe dodgy stuff goes on in lower end of the market, but I just couldn't help thinking as I did the 30min online 'refresher' that there is plenty of legislation in place already to protect tenants. If these were administered properly...Its not needed anyway as we already have the DPS, trading standards, citizens advice, environmental health, HSE.
Makes more sense to use an out of London lawyer as he will not need site visits, person we use
http://www.morganandpope.co.uk/the-team
Terry Chetwood, v tenacious and enjoys winning
http://www.morganandpope.co.uk/the-team
Terry Chetwood, v tenacious and enjoys winning
PAULJ5555 said:
Yep get him to court for not protecting the deposit.
Indeed. Absolutely cut-and-dried.Around the time it was introduced, I was renting a flat in a trendy bit of London. The landlord marketed it through an agency, but took on management himself. I didn't get any notification of protection when moving in, but I decided to let it slide because it was a lovely flat and I got a reasonable deal. Upon moving out, having treated his flat beautifully, he decided to throw in a load of spurious (and completely fabricated) "damage" that would require almost all of the deposit to be retained.
Combining his lack of willingness to enter into conversation or provide evidence/quotes (the checkout process noted none of these issues) with his general lack of responsiveness throughout the tenancy, I sent him a polite "go f*ck yourself, I'll see you in court" letter. Within two days of sending, he offered my deposit back in full, along with twice the amount again to avoid going to court (and potentially end up being 'fined' up to 3x the original deposit).
This was some time ago, and I would expect any landlord to be aware of the process now. This suggests that your mate's landlord is just being an absolute arse, so I would suggest taking him to the cleaners.
One important point for note - did your mate ever sign a tenancy agreement for this property, or was it a casual arrangement?
C70R said:
One important point for note - did your mate ever sign a tenancy agreement for this property, or was it a casual arrangement?
Yes he has a contract. Just to add my colleague is an experienced financial services employee and this was not a cheap flat / houseshare. From the description of the landlord it sounds like his deposit has been used to finance large expensive alloys for a bling-mobile. I've taken a note of the lawyers mentioned ..fido said:
Yes he has a contract.
In that case, he doesn't need an expensive or specialist solicitor. He can file the paperwork himself (I was about to), but it might not hurt to get some impartial advice.Tell him to have a read here: https://www.gov.uk/tenancy-deposit-protection/if-y...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff