Deposit protection and landlord issue

[estellyn]

Hi. I wondered if there were any housing law people around who could give some advice on my situation.

 

We're good private tenants, paid rent every month, no rent arrears, no complaints against us etc.

 

We have been nominated for a ground floor property with a housing association on medical grounds - the only thing in the way is that the landlord is not giving us a reference - not refusing as such, but just not sending it. The landlord is not answering the phone to me or returning my calls. We risk losing the flat as it is now available for rent and the HA don't want excess void time.

 

I suspect the landlord feels they can delay us moving by not giving a reference - keeping us here over the difficult to find a tenant, holiday period.

 

It has occurred to me to threaten them with court action for not protecting our deposit as they are required to do which may result in a fine of three times the deposit, and request that they give the reference (all we want is a truthful one!).

 

Before I did it, I just wanted to get a feel for any legal downside.

[steampowered]

Have they actually failed to protect your deposit though?

 

 

If you start threatening legal action they might refuse to give you any reference at all.

[estellyn]

Have they actually failed to protect your deposit though?

 

 

If you start threatening legal action they might refuse to give you any reference at all.

 

Yes, they've failed to protect it, I checked with each of the schemes. At this point, I think they are planning on just failing to provide the reference until we lose the flat, which won't be long now.

[steampowered]

You could always threaten to bring proceedings for 3x the rental deposit if they don't provide you with a reference. Whether or not this will help them move along is a judgment call.

 

I suspect it is at least as likely that they just can't be bothered rather than deliberately causing delay. I would at least try nicely badgering the landlord by phone before making threats. It is also worth explaining the situation with the HA to check if there are any alternatives to getting this reference.

 

Otherwise, if this all falls through and it turns out they haven't protected your deposit ... then yes go ahead and sue them provided you are prepared to put up with the time and stress of court proceedings.

[estellyn]

So basically the HA have said that without a reference we lose the flat.

 

So what this means is that if you can't get new rental accommodation without a reference, and there is no legal requirement for a landlord to provide a reference......and there is nothing in law allowing a tenant to withhold rent if a landlord doesn't provide a reference - it means that a landlord can hold a tenant in a property, not allowing them to move to a new rental, and the tenant is obliged to continue paying rent.....until the landlord wishes them to move out.

 

How can this be right????

[steampowered]

Not saying its right or wrong estellyn, just that I am not aware of any law requiring a landlord to give a reference

[estellyn]

Not saying its right or wrong estellyn, just that I am not aware of any law requiring a landlord to give a reference

 

Nope, that's the point - we have no rights in this situation.

 

Just hoped someone might have another idea. Offered HA proof of rent paid from the beginning of tenancy (4 and a half years), but they also want confirmation we have no anti social behaviour complaints or tenancy breeches, which of course we can't give.

 

I feel so frustrated.

[stu007]

Hi estellyn

 

What the HA are asking for is not set in housing law but by the HA themselves as most HA ask for references but as this is for medical needs did you fill in a Medical needs form when you applied to them and then were offered that property.

 

If you can I would advise making an appointment to speak direct to the Senior Housing Officer and explain your circumstances note I do say Senior Housing Officer and not one of the normal Housing Officers as the Senior Housing Officer is their Manager.

[estellyn]

Hi estellyn

 

What the HA are asking for is not set in housing law but by the HA themselves as most HA ask for references but as this is for medical needs did you fill in a Medical needs form when you applied to them and then were offered that property.

 

If you can I would advise making an appointment to speak direct to the Senior Housing Officer and explain your circumstances note I do say Senior Housing Officer and not one of the normal Housing Officers as the Senior Housing Officer is their Manager.

 

Thanks Stu. We were nominated to the LA by the local council and had a medical assessment with an OT as part of the original process of being accepted on to the council list.

 

I'll try and speak to someone senior tomorrow, and also will try to talk to someone at the council - though they did say the HA could reject us for any reason they liked.

[stu007]

I would also let the OT know whats happening and see if they can be of help with the HA as they do have a bit of clout.

[estellyn]

I would also let the OT know whats happening and see if they can be of help with the HA as they do have a bit of clout.

 

Thanks, I'll give that a try too.

[estellyn]

Just to update. landlords finally gave a reference - the timing meaning that now we will be tenants until January. They have given the old 'my phone was not working properly' excuse, and have been ultra apologetic.

 

 

Whether or not I go forward with action over the deposit protection will depend on whether we get our deposit back. I'm a reasonable person and don't believe in taking legal action just because I could make money out of it. My philosophy is that is someone is fair with me then I'll be fair with them. So we'll see how that goes in January.