Landlord harassment now wanting to return deposit

Landlord Discussion
1

Hi everyone,

I had to call the police due to landlords harassment as they recorded me when they wanted to give the documents they should have given in the beginning of the tenancy (EPC, How to Rent and Gas Safety) I only noticed about the electrical safety checks yesterday didn’t know that one. Letting Agent has emailed me that landlords wants to return deposit with some deductions please can I give them my bank details. By doing that they are allowed to start eviction process again, should I ask for the full deposit plus the fee I paid to extend the tenancy or just take what they give?

Thank you

2

I do not understand exactly what is happening here.

If I have guessed correctly, they must give you notice to leave, and that is currently about six months.

If they want to return the deposit and you have already moved in, then they cannot make deductions without explaining why, and you agreeing that it is reasonable.

I believe you cannot have the deposit back until you have applied to the deposit holding company. Your deposit should be held by a third-party and you should’ve been notified of who is holding that money.

The certificates should have been supplied before you moved in, and the contact details of the deposit holding company should have been provided.

Do not provide bank details until you know that the agent and the landlord are legitimate. One check is the fact that your deposit should be held with a Tenancy Deposit Scheme holding company*. I believe you can check their websites to see if it is held - there are only 3 companies like this for each UK country. If none do, then the deposit has not been registered. If you have been given the keys, the deposit should have been placed with one of them within 30 days of giving it to the landlord or agent.

Do not rush into anything. Do not agree to anything until you have had more advice.

Take one step at a time. Look out for the advice from others, I am sure, below.

Tell us what your situation is: have you moved in, or not?

If you have moved in, has your agreed period of stay, called a term, typically six months, ended or not?

What do you mean by a deposit: a small amount to reserve the place, or the full amount of up to five weeks of rent?

Good luck. I rarely visit this site, so it is by chance I am here.

1 Like
3

Hi John45,

Landlords have failed to protect my deposit throughout the tenancy, I now knows it 4 months notice to quit. I moved into this property in August 2019. Both LA and landlords are long time friends, In August 2020 the landlords wanted the property back they only gave me 6 weeks to vacate I continued they extended it for 1 month. In November 2020 LA gave me 3 months to quit which ended in February 2021. I continued to stay until now where police are now involved. I have checked deposit has never been protected.

4

Priya3, as I told you before, they’re only recording you to get evidence of service of the documents. I think that’s a stretch to call it harassment and the Police won’t really be interested.

Yes, once they refund your deposit they can start the eviction process again. You might as well give them your bank details as if you don’t, they will just send you a cheque. Whether you bank the cheque or not, it will count as refunded.

They are going to evict you, you need to get your head around that. You can, however, sue them for a deposit penalty for failure to protect the deposit, and I would guess that you would get the full 3x the deposit value.

3 Likes
5

Hi Priya,

You do not have to take what they decide to give.

If you dispute what they are trying to deduct do not agree to it. Also watch out if they try to charge you a check out fee.

Do as David suggests and tell them you will claim 3 X the amount as they haven’t protected your deposit and ask for the other fee back that you paid.

Perhaps Shelter or the CAB will help you

2 Likes
6

Okay, just wanted advice as I spoke to someone at CAB they said not to accept the return of the deposit at all.

1 Like
7

Hi Mr_T

I hope there isn’t a fee as we never did a check in or inventory, I took some pictures of my phone that is all I have and will do the same once I leave plus do a video of the condition of the property once I leave as my own proof as I know they will try to claim I destroyed it.

I def know they will not be settling out of court so court it is.

8

If there is no inventory then the landlord would have no chance of claiming for any damage.

I think its pretty clear that your landlord is incompetent and has done everything wrong. Consequently when he sought legal advice on how to end your tenancy, he was told that he would have to start again and have evidence of serving all the required documents. Once he refunds your deposit the landlord will likely serve a new s21 with a four month notice period. Even incompetent landlords will get their property back eventually so I would advise you to start looking for somewhere new to live so that you can leave on your own terms.

9

There should not be a fee to check out, as this too is now against the law.
But because your landlord has done a lot of things everything wrong, I was just warning you to watch out for what he is charging.

Also, ask for the other fee back that you paid for renewal of the tenancy.

Hopefully next time you will get a better landlord.

10

Hi Priya

I think there are quite a few things going on here that are underhand and I think you would benefit talking to Shelter. They will go through your situation in depth and help you to move forward all the while ensuring everything is done legally so please please please contact Shelter because they will also assist you getting 3 x the deposit you paid that was not protected. It’s fee advice too they are very good.

11

Hi everyone,

Sorry for being annoying just first time for me experiencing a landlord like this who is friends with the letting agent.

I have now asked for my full deposit & fee to returned, will wait for response. Yes shelter have been helpful there are templates I have found now to use to claim compensation for deposit.

12

Currently the fact they have not protected the deposit is preventing them serving valid notice (as they seem to have corrected the other thing preventing them - though they did it in a bizarre and kind of threatening way). Therefore they are trying to return it to you as it’s the only way to remove that block (protecting late doesn’t do it).

However, to do this they need to return your deposit in full. If they return it with deductions I believe their notice would still not be valid. (So who knows what they are thinking there - they clearly don’t know what they are doing based on not having served any necessary documents or protected the deposit, so doing this wrong too probably checks out)

2 Likes
13

Hi Kal7

I’m just waiting to hear back from what I requested which is full deposit & renewal fee which I shouldn’t have been charged.

We will see if they serve me 4 months as in the past they served me whatever they like.

14

The landlord / letting agent have done everything wrong, by not registering your deposit, charging you renewal fees and not providing the required documents.

The question is, do you want to stay or leave?

If you want to stay, they will not have a leg to stand on in court, if they go down that route to evict you, because they have not complied with the legal / legislated requirements, the judge will dismiss their claim.

Their alternative of an illegal eviction, is exactly that - illegal!

You are in the driving seat, and it’s entirely up to you, how you wish to resolve this situation.

15

Hi Chris35

I read on shelter that as the letting agent have charged me admin fee I will not get that back which is fine as I have received half of it anyway now. They returned my full deposit, I was anticipating a section 21 immediately as they have served documents & returned deposit but have not received a s.21 unless they are being clever & making out they do not come to the property. I had a passing thought they may just go straight to court now. I’m going to move as I do not trust them plus I’m taking the idiots to court.

16

If you’re going to move, and you’ve received your deposit back in full, then there is little point pursuing any court case.

I doubt very much they will instigate any legal action, since they were in the wrong in all respects.

If you wish to pursue them for the 3 x deposit fine, for not registering your deposit within 30 days of the commencement of your tenancy, that’s your choice. I don’t think the fact they’ve returned your deposit will have any bearing on their liability for the fine, since their error / omission is a matter of record.

The fact they’ve returned your deposit in full and part of the fee, is a clear indication they know they are wrong. If you want retribution, I would go back to the agent and demand the remainder of the fee, and the additional 2 x your deposit, and see what they say.

1 Like
17

Sorry that it was I meant taking them to court for breach of non compliance on the deposit matter. I read info on Shelter on how to do this.

The letting agent said we will have no further option but to take legal action from an email she sent me about a month ago.

I believe they got some advice somewhere as all of a sudden they started to get the gas safety check done and served all the documents 2 weeks ago. The letting agent will just ignore once I send a letter before action.

18

It is sad that you are no better than the landlord trying to get money from him. :see_no_evil:

2 Likes
19

Yes its a sad story where tenants are getting clued up to take the landlord for 3x deposit back. If you’ve got the deposit back move on and live your life.

1 Like
20

I didn’t know that even though the landlord returns the deposit the tenant still can claim compensation of 3x deposit. Is this true???