Absolutely right. Integrity and fairness is missing all round. UK following USAs lead as ever.
1 Like
Although there is a legal right to take this LL to court, perhaps this is payback for the Section 21? Just my thoughts.
Payback for landlord wanting their property back. Perhaps.
1 Like
Thanks for chipping in everyone. People in a similar situation will probably find this thread useful for reference, hence my plan to update it. I don’t think we can overstate the emotional impact a negigent LL’s actions can have on tenants so the more we can highlight that the better in my opinion. You might not like it. That’s your prerogative, and how you act is entirely up to you.
However, as Tricia has asked, let me explain why I think my friend is owed compensation. She is single, has no close family nearby, 80, not in great health and finds interacting with computers/phones very difficult. She was at the mercy of a LL who failed to provide her with what she needed to retrieve her deposit. It caused her a great amount of stress and would have been impossible for her to do by herself. Did she suffer loss by his negligence? Absolutely. The stress had a very negative effect on her health. Was it monetary? Had I not got involved it would have been.
The LL didn’t need to cause her that stress. He could have made sure that she not only had the paperwork but initiated the process for her. He did nothing more than literally take the keys off her at the door and say, “Thanks then.” She had no idea what to do to get her deposit back. She had no paperwork at all.
In addition, he should have known better as the director of two property companies currently and the director of five more in the past. This belied his claim that the reason he didn’t know what he was doing was because, in his words, “I’m not the kind of landlord who has a property portfolio.” Finally, his response to her letter to him failed to acknowledge the fact of his negligence and the stress it had caused. He’ll have other tenants who may suffer the same treatment, and despite having it pointed out he is currently contemptuous of the impact his negligence has had.
Tricia, I think your surprise may stem from the fact that you’ve made incorrect assumptions about who I am and how I’m supposed to act. Seeing as you don’t know me at all, that’s hardly… well… surprising really.
Your friend’s previous LL sounds like he is lacking in compassion and didn’t account for the difficulties people in your friend’s age group might have with modern technology and processes. That’s sad and I feel bad for your friend, who is lucky to have you. I suppose when you are dealing with someone like the previous LL, you have no choice but to respond legally to teach a lesson. It goes to show how showing humanity and compassion can sway a situation. I’m sure had he gone out of his way to assist your friend the entire time, and not treated her as a number going into his bank account each month, this may be going quite differently now.
1 Like
That’s exactly right Nicole.
1 Like
Latest update
- Turns out we had to prove that LL was in fact the LL because the house was owned by someone else (turned out to be his wife under her maiden name). Solicitor asked us for proof he’d received deposit and rent money. Letting agent vouched that they had sent him cash the tenant had paid for deposit and left him to protect it. Tenant dug up bank statement that showed payment to him for rent.
- Solicitor sent him a letter before court action warning that 3 x deposit for each breach (AST and SPT) could be the maximum award in court (unlikely but intended to stir him into action).
- He responds via his solicitor to say that he refuses to admit liability but, contradicting that and “to prevent the situation escalating further” he offers 1 x deposit to settle. His solicitor also contradicts what he wrote in response to our personal letter before court action where he said he sent tenant a link to the deposit scheme and posted “deposit certificate”. His solicitor says he’s willing to testify in court that he sent “the PI” by first class post and that “Royal Mail has a statutory duty to deliver”. He’s dreaming if he thinks that will stand up in court. We suspect his solicitor isn’t actually skilled in managing tenancy disputes and may not even have read the letter his client sent us.
- My friend rejected his 1 x deposit offer to settle and counteroffered with 2 x deposit on the basis that there were two breaches (AST and SPT).
We await his response.
1 Like
Sending good thoughts to your friend. Justice is on its way for her!
1 Like
… and has now been served.
LL responded to say he accepted the 2 x deposit settlement but wanted a confidentiality agreement to be signed by my friend. She responded via solicitor to say don’t be silly. He didn’t argue and agreed to make payment by the end of the month.
She’s elated!
1 Like
Excellent update! Good news for your friend. I’m so glad for her, and that justice has been served. Hopefully that nasty ex LL will have learned a lesson.