Hello. I am new to this (or indeed any) forum. Any input on a somewhat complicated matter is appreciated
I recently (10/3/13) moved out of a flat where I had been living since 12/3/2012. My landlady lived in the flat nextdoor - she had converted my flat from what was part of her house. My flat was completely separate with no shared entrance, metres or facilities. I initially paid six months rent in advance @ £500 per month plus £500 deposit. My landlady did not give me a tenancy agreement. She had always been friendly and affable, we went for coffee once or twice and I did not suspect that she was anything other than a bit scatty. Six months into the tenancy, I was presented with a bill for six months council tax @£50 per month. I had assumed up until that point that council tax was included but as I had not had the foresight to check, I concluded that it was my own fault for not checking and paid up. I continued to pay rent and council tax contributions until I left the property. I did not receive any council tax bills in my name during this period as, despite a number of requests, the landlady did not register my flat as a separate property. Eventually, in October 2012, I contacted the council myself. A representative visited the property and said that it would be registered separately but that the council would take account of the payments I had made. I still did not receive a council tax bill after the visit.
I informed the landlady by telephone one month before of my intention to vacate the property by the 12/3/13 but said that we would be moving out over the weekend 9-10 March with a view to being out and the property cleaned and ready to re-let by the end of 11/3/13. I asked about my deposit and was assured that this would be refunded. Relations were still cordial, to the point of my agreeing to show prospetive new tenants the property with half an hour's notice.
As agreed, we moved my belongings out of the property over the weekend. My partner stayed over at the property on the Sunday night with a view to carrying out the final cleaning on the Monday - he had taken time off work to do so. I am a teacher and had to be in work so I left him to it.
My partner then contacted me at work to say that the landlady had used her key to enter the property as soon as I had left, had spoken rudely to him (she had met him before on several occasions), had said that we were due to be out by that morning (11th March) and that he should not be there. She came straight into the bedroom where he was still in bed and took the keys to both to her (my former) flat and to my new flat.
I immediately rang the landlady and asked her (politely) to return the keys so that we could complete the move. She refused to answer my calls and has done so ever since. I was obliged to call the police to effect the return of the keys to my new flat. This took over a week.
I have written to my former landlady asking for the return of my deposit, pointing out that the flat was left exactly as I found it with the exception of some damp stains. I had alerted her to the problem of damp some months previously. I have had no communication from her at all and no reason has been given for not returning my deposit.
In May 2013 I received a backdated bill for one year's council tax for my former address. On further investigation and contact with the council, it transpired that my former landlady had contaced the council, provided them with a false tenancy agreement and requested that I be made retrospectively liable for council tax for the year I was resident.there. I argued my case with the council and sent copies of receipts that my landlady had given me, detailing my payments towards council tax. It took several weeks and some strongly worded letters but the council have now informed me that they will 'waive' the payment. Up until that point, their argument had been that I must accept liability, pay the bill (of over £600) and than pursue my former landlady for the amount. Thankfully, this is no longer their position.
The issue of my deposit remains unsolved and I have today contacted the Civil Justice department with a view to making a claim for this through the courts. I have written to my former landlady informing her of this. I have not communicated with her on the issue of her fraudulent attempt to make me liable for council tax. She has not responded to any of my communications.
I am aware that she has not protected my deposit. She claimed early on in my tenancy that she did not need to do this as she was a 'resident landlord'. I accepted this in good faith as there was nothing in her behaviour at the time to suggest anything untoward. I have since been led to believe that as she has not protected my deposit, I am entitled to claim 3x the amount in court. Given her subsequent actions and the stress and inconvenience caused by them, I do feel inclined to do this.
I would appreciate any advice anyone can give me on how best to proceed from here.
Do I make a claim for 3x the deposit?
Will I incur heavy costs?
Am I likely to win my case?
Should I instruct a solicitor?
Can she claim to have been a 'resident landlord' even though I occupied a completely separate property and she later attempted to make me separately liable for council tax? (the decision to waive my bill was made on the basis of the payments I had made and the retropsective nature of the billing and did NOT infer that I lived jointly with my landlady)
Any tips or experience anyone has to pass on would be gratefully received.
Many thanks.
