Advice needed - former landlord being difficult
Advice needed - former landlord being difficult
Author
Discussion

PhillT

Original Poster:

2,489 posts

255 months

Tuesday 11th November 2008
quotequote all
Hello all. Some suggestions needed please.

I recently moved out of my rented place and emigrated.

I'd been living in a shared house with my landlord and another tenant. It was all very smooth and easy when I was there and no contract was signed (foolish, yes, but that's how it was).
Anyway, on moving out the landlord said he would have my deposit ready the day I left - towards the end of August. He didn't, but he's a busy man and having got on pretty well with him and never had any problems before, I just left him my bank details and asked him to send the cash through.
A few weeks went by and no cash, so I called him to enquire, he apologised and said he would do it asap. All very pleasant still.
A few more weeks go by. I send him an enquiring email. Nothing. Then another. Nothing.
Then I sent a more strongly-worded email and got a note back saying he was going to deduct 300 quid of the 450 for money outstanding to the cleaners (fair enough) and the cost of repainting the room. Apparently there were a few marks on the wall and repainting just one wall wouldn't match things up.
I thought this a bit harsh - I'd only been in there a few months and repainting an entire room for a couple of scuffs on a wall is a bit much - but let it pass. Fine, I said, get the remaining 150 to me asap please.
Few more weeks go by. Nothing. Another email to him, nothing. Followed by a fairly stark email expressing my displeasure and suggesting that he's taking the p*ss a bit now. Indignant reply from him saying he didn't like my tone, followed nevertheless by a promise to pay the 150 asap.

That was the best part of a month ago and he's now ignoring my emails completely.

What should I do? I'm damned if I'm going to let him waltz off with my money, but things are complicated by me now living abroad. Yes, I should have got a formal contract with him, but didn't. I do, however, have emails between us, bank records etc.
Is legal action a possibility, or even just threat of it? I have a solicitor friend that could knock me up a letter, but is this the right course of action? I've pretty much run out of ideas now, but I want my money back. Not just because money is money, but for the principle of the thing.

Suggestions welcome. Thanks.

Graham E

13,018 posts

216 months

Tuesday 11th November 2008
quotequote all
send him a poo in a box

SimonMaidenhead

2,654 posts

233 months

Tuesday 11th November 2008
quotequote all
Have to wonder if your former landlord was declaring this extra income to the tax man? Might be an idea to ask him scratchchin

Edited by SimonMaidenhead on Tuesday 11th November 13:07

E36GUY

5,907 posts

248 months

Tuesday 11th November 2008
quotequote all
Not to mention that by law, deposits must be kept in a specific manner and not for the disposal of the landlord.

Suggest you go to his house and refuse to leave until you get your money back.

Heskey

4,048 posts

223 months

Tuesday 11th November 2008
quotequote all
E36GUY said:
Suggest you go to his house and refuse to leave until you get your money back.
Or the police arrive.

mondeoman

11,430 posts

296 months

Tuesday 11th November 2008
quotequote all
Small claims court, get the lot back.

'Cept you emigrated .............

Move on.

PhillT

Original Poster:

2,489 posts

255 months

Tuesday 11th November 2008
quotequote all
I could move on, but dammit, he's being an arse. His uppance should come. Is there really nothing I could do?

carter711

1,849 posts

228 months

Tuesday 11th November 2008
quotequote all
Have you not got a relative/friend you could send there on your behalf?

Finlandia

7,818 posts

261 months

Tuesday 11th November 2008
quotequote all
I had great use of TDS when I had problems with a former landlord.

http://www.thedisputeservice.co.uk/

theboss

7,507 posts

249 months

Tuesday 11th November 2008
quotequote all
I tend to mentally write off all or most of my deposit as a 'cost of living' when I hand it over... I have usually negotiated the rent down to cover the loss anyway... just doesn't seem worth all the fking around it takes to get it back in full.

The last place I was in, the agency charged us for blown light bulbs (you know the stupid little halogen spots that die every 5 seconds) and the filter in the cooker hood... after openly acknowledging that the place looked miles better than when we moved in...

Pickled Piper

6,452 posts

265 months

Tuesday 11th November 2008
quotequote all
i don't think there is anything much you can do. Try money claim online but since there is no paperwork; contract receipts etc there is no guarantee of success.

Alternatively, tell him you are going to be back next week and if the money is not in your account you will be paying him a visit. Should move things along.

Good luck.

pp



Hoppy2008

2,496 posts

225 months

Tuesday 11th November 2008
quotequote all
Youre not going to like this but you are screwed.
If you didnt have a signed contract, I'm betting you didnt get a receipt for the deposit.

Let it go and move on. Its hard I know, but karma will be your friend in the end.

PhillT

Original Poster:

2,489 posts

255 months

Tuesday 11th November 2008
quotequote all
Thanks guys.
While I don't have formal contracts etc, I do have emails in which he admits what he owes and saying that he'll pay it. That not worth anything?
Like I say, it's not a huge amount of money and I won't overly miss it, but it riles me to think of that smug git getting away with being a cheeky sod.
Will I lose anything by getting my solicitor friend to send him a letter?

The Tea Boy

4,129 posts

265 months

Tuesday 11th November 2008
quotequote all
OP, although you do not have a formal contract, there is still a statute contract entered into as soon as he let you move in, so even though you have no official contract there are still all the statute laws applicable, im guessing you can prove payments to him and you were reg'ed at that address for bills or genral letters so you can prove you were in residence.

He cannot charge you for re-painting the whole room, he can only charge you for the proportion of the 'fair wear and tear' on a property eg; (all DPS and TDSL recomendations) re-painting of property every 3-5 years, carpets 5yrs etc etc, so unless he painted the room just before you moved in, you can tell him to purchase a packet of paxo, and personally i would contact the DPS (it doesnt matter that you have moved away) also most certainly contact HMRC etc, these kind of landlords need teaching a harsh lesson IMO (and thats coming from an agent)

Matt

WhoseGeneration

4,090 posts

237 months

Tuesday 11th November 2008
quotequote all
PhillT said:
Will I lose anything by getting my solicitor friend to send him a letter?
If it's free, worth a try.

Grey Ghost

4,610 posts

250 months

Tuesday 11th November 2008
quotequote all
WhoseGeneration said:
PhillT said:
Will I lose anything by getting my solicitor friend to send him a letter?
If it's free, worth a try.
Ask your mate if he can include a thinly veiled threat about declaring the extra income he was receiving in rent.... might persuade him to be more reasonable.

Matt..

4,019 posts

219 months

Tuesday 11th November 2008
quotequote all
Finlandia said:
I had great use of TDS when I had problems with a former landlord.

http://www.thedisputeservice.co.uk/
I am going through a dispute with TDS our original claim went in at the end of July, and it's now November. Personally i am not impressed at all frown

s3fella

10,524 posts

217 months

Tuesday 11th November 2008
quotequote all
Just apply to Court for a judgement against him for the whole amount.Then ask him t provide evidence of the damage to the room and the cost to repaint it, if it was a normal size bedroom, £300 would be about 8 times the cost of materials to repaint it, and about 2 days labour for a decorator.....walls and woodwork would only be a day for most good decorators

Use the emails as proof and ge tthe other housemate involved as he will be on the same agreemenet and proabbaly party to conversations etc.


Basically make this guys life a bit of a mess as he is taking the proverbial now.

If he still messses you about, start ordering pizzas to be delivered and manure etc!

MK4 Slowride

10,028 posts

238 months

Tuesday 11th November 2008
quotequote all
s3fella said:
If he still messses you about, start ordering pizzas to be delivered and manure etc!
Brilliant, waste someone else's time & money on a st attempt at revenge.

Finlandia

7,818 posts

261 months

Tuesday 11th November 2008
quotequote all
Matt.. said:
Finlandia said:
I had great use of TDS when I had problems with a former landlord.

http://www.thedisputeservice.co.uk/
I am going through a dispute with TDS our original claim went in at the end of July, and it's now November. Personally i am not impressed at all frown
It does take some time, I filed with them in Feb/March sometime and got all my deposit back in Aug/Sept.
As said, it does take a long time, but it's a fair and free way to solve the dispute.