not yet...

Hi Everyone, Ive been trawling the web for useful information on how to go about my situation and Ive learnt a lot from people in similar situations. I just want to know if it is advisable to use lawyers or pursue this myself? My case seems straightforward: AST started in July 08 & renewed every 6 months with landlords visiting and inspecting property. Check-in inventory signed...just a list of the furnishings, nothing else. Property vacated in September '10 with check out inspection conducted in front of LL. We cleaned the carpets with a professional steamer, repainted skirting, washed upholstery + curtains, polished all the furniture. Took photos and videos. We did not agree to any deductions...LL was being obtuse and said he would send a cheque in 3 weeks. No news or information from him. We were on good terms with the LLs till the last year. In their last two tenancy renewal visits they kept complaining the house was too messy and we had too many things. Frankly, we left it exactly as we received it, if not better. Our AST says the deposit is being protected. I called all three agencies and none of them have any record of our deposit. Now theres no one to mediate for us. Im really mad and want to sue the LL for as much as I can. I know I can go through SCC for just the deposit, but what if I want to go for the x3 deposit?

As a follow up to the above, my AST is due to come to an end on the 17th of July and the LL has not served notice. In view of this, I decided to serve a Notice to Quit which should take me up to the 17th of September, when I can move out. As far as I am aware, the AST automatically changes to a periodic rolling contract, and the LL must give 2 months notice to require possession. Whoever issues the notice, we will be able to stay here till Sep. I was hoping someone could go through the wording of my notice to see if I covered the essential points. The 6-month fixed term of the Assured Shorthold Tenancy for the aforementioned property draws to an end on the 17th of July 2010. A notice to quit under Section 21(1)(b) of the Housing Act 1988 has not been served on your behalf. Therefore, this tenancy will hereby become a statutory periodic tenancy. This will be a monthly periodic tenancy commencing from the 18th of July, the day after the end of the fixed-term, according to statutory law. Under Section 21(4)(b) of the Housing Act 1988 (amended 1996), the landlord is required to give at least two months’ Notice to Quit in writing, while the tenant is only required to give at least one month’s Notice to Quit. I, the tenant, hereby serve a two month Notice to Quit. This notice is effective from the 18th of July 2010, when the monthly periodic tenancy commences. This will remain effective until the 17th of September 2010, when possession of the property will be returned to you. On another note, how shall I proceed with the deposit issue? I have written confirmation from all three schemes to say my deposit is not protected with them. The AST we signed categorically states it needs to be protected under a government approved scheme. When is it best to bring this up with the landlord? Once again, thank you all very much!

So if LLs can protect the deposit retrospectively, what is the point of the penalty? Which insane LL would NOT protect when served with court papers.....thus voiding the penalty all the time. The 'inventory' was just a handwritten list of the landlord's furniture in the flat. No references were made to their or the flat's condition. It wasn't exactly the most thorough and concise of inventories...but is that enough to give him grounds to prove the condition of the flat? Naturally, I will make sure the flat is cleaned thoroughly and will take plenty of photographs and videos of the place to prove its condition. I haven't turned it into a tip......although everytime the LL has visited, they have always picked on something....like "you have too many things" or "the shower isn't clean enough". They want it in the uninhabited pristine state it was in when the flat was refurbished before we took up the tenancy; it seems to be setting the precedence for the pending deposit dispute! I've got the LL's details from the Land Registry. Will keep a hold of it till the deposit is back in my hands.

Thank you....thats such a relief to hear! After all this, I am definitely going to remember that lesson....thank you! Do you think I should pursue the non-TDS compliance? I don't think he will be that forthcoming with the deposit if things turn sour...... Or should I wait till we leave, see how much he offers and then use an N1 form?

There is nothing in the AST that specifies it is for me only. He used one of the standard WH Smith packages....so the Ts & Cs are standard. I've tried the reasonable route through texts and phonecalls....which in hindsight will not stand up in court, so I should switch to communicating with him in writing. We have not been in breach of any of the standard AST terms.....rent is paid on time, no arrears in bills, no problems with neighbours, no overcrowding, no 'illegal activities' being carried out on the premises, no criminal convictions, no CCJs.......... If it turns out that he has not put our deposit in one of the schemes, does that mean he cannot give us notice to evict? That would work in our favour to stretch things out till September.... Many thanks for all your help.

The landlord won't be out of pocket, whether or not he lets my wife stay with me. If he agrees, it just means he gets the full payment up front instead of it being spread. But on another note, the AST renewal I signed in January says the rent is £700 instead of the usual £900.......in retrospect, the landlord should've written £900 and not made me sign the additional affidavit.

No no, I offered to pay the full rent as before! I should've made that clearer. I'm not trying to con him out of anything....I appreciate how generous he was instead of evicting me when I was going to struggle on my own. I asked quite clearly that if he were to agree to let her back in, I would naturally pay the full amount as originally agreed......but he still refused.

Hello all, I am seeking some advice regarding some problems I am having with my landlord. I hope you can shed some light on the legality of all this. My wife and I have been renting this 2 bedroom flat since July 2008 on a 6 monthly Assured Shorthold Tenancy in both our names. Every six months, we extend and renew the contract. The landlord used one of those standard tenancy agreements sold by WH Smith...so the small print is generic with no hidden clauses. However, in November 2009 my wife and I started having some serious issues and were about to divorce. She moved out over Christmas. In January 2010, when it came to renew the contract, I was finding the rent difficult to cover on my own, so the landlord agreed to reduce the immediate rent by about 20% which I am to pay him back next year when I move closer to my university (I will be getting loans and grants and will have to work my posterior off over the summer holidays). I signed the normal AST, in my name only, reflecting the new rent and signed a separate statement agreeing to the arrangement of paying the landlord the deficit later. However, over the last two months my wife and I attended some couples counselling and we have made a surprising amount of progress. Given this, I want her to move back in with me so we can give things another go. I am expecting to stay here till September 2010, when we will move closer to my new university. Herein lies the problem: the landlord does not agree. I would like to know where I legally stand in this matter....can the landlord actually refuse my wife to live with me when there will be no statutory overcrowding as a result? I have asked him politely and he says that the flat is for me only and if I want to stay till September 2010, my wife cannot join me. He said I am welcome to leave in July 2010 when the 6-monthly period is up. According to www dot housingadviceni dot org/rights-when-renting/sharing-and-subletting/lodgers-a-sub-tenants-rights dot html, it says: "You usually have the right to live in your home along with anyone else who is part of your household. This means that you can live with: your husband or wife, your partner, your children, anyone else who normally lives with you. You can usually live with members of your household even if they are not mentioned on the tenancy agreement". Does that work in my favour? On another note, I never received any documents regarding my deposit being held in a TDS, which I now understand is mandatory. I am in the midst of contacting the three services to see if any of them are holding it. If they are not, is it worth me filing a claim while I am still a tenant? Thanks in advance for any advice or suggestions!