Hi, wondering if I should take landlord to court?
We signed and payed deposits and shortly after the landlord (without writing or notice, even verbally) surrendered the tenancy.
When I called, without much empathy, the landlord said that they don’t want Openrent to hold onto the deposit - that they need to think about their own well-being. Aren’t all landlords meant to keep deposits with a third party protection org anyway?
This has put myself and my housemate in a predicament as I have given notice to my employer and current landlord that I will be moving out. Not to mention the hassle of referencing and credit checks etc.
I now have to move my things and find somewhere to live immediately.
There should be something in place to protect tentants from this unprofessional behaviour from landlords.
Thinking of pressing charges? Not sure what to do!
I haven’t clicked the button to surrender tenancy as this was not a mutually discussed decision, but rather a one sided breach of contract. I’m yet to receive money back too.
You have a contract with the landlord and can sue him for your losses, such a temporary accommodation costs over and above the rent you agreed whilst you find somewhere else.
I suggest you tell him that you will be claiming these excess costs from him and are prepared to sue if he doesnt pay.
My friend took a landlord to court about 5 years ago for exactly the same situation and I said don’t get your hopes up.
The judge did rule in favour of tenant and the result was £35 travelodge bill until the tenant had a new property move in date.
The tenant was hoping for removal fees and storage etc the judge said no that’s part of moving !
I would also be careful about threatening to sue as it could get the landlords back up and you don’t know the landlords reasons and he may have something up his sleeve!
I agree that threatening to sue should be the last resort.
Taking someone to court only for sure benefits lawyers/solicitors. Even if finding is in your favour you then have to extract the payment from them and pay someone to try to do this even if they do not have success. In the past when I have had a resident leave without meeting the terms of their residency I take small comfort they have gone, losses tax deductible.
I have empathy with the LL over keeping the deposit themselves. But he shouldnt have done a “rent now” with open rent but the standard package. As he has accepted payment ect that puts him on a sticky wicket, its not something I would do.
All LL have to place deposits with a scheme or they can adopt to insure the same and keep control themselves, thats what I do. Many times tenants have left without notice only for the DPS to rule in their favour. Deposit schemes generally do not protect the LL.
But £35 per day adds up quickly. Finding something new isn’t so easy and can take quite a while.
This sounds suspicious to me. The deposit is an insurance, it isn’t there for the landlord’s well-being. Sounds to me as if they want to use the deposit in a way that they’re not allowed to?
Also breaching a contract because they’re not allowed to get their hands on the deposit immediately seems quite unreasonable!
One option might be to talk with your current landlord and explain the situation and say you want to withdraw your notice. They’re not forced to accept that but might be sympathetic. If you don’t have a new place, you simply can’t move out – what are you going to do?
For your current landlord, it’s difficult to force you to move out in the same way as it’s difficult for you to force your current landlord to let you move in.