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ILR and Landlord issue

Posted: Tue Jan 15, 2013 8:44 pm
by xyz111
Hi,

My ILR is due this July and I have just moved homes. I spoke to my previous landlord today to get the deposit which he told will be submitted to my bank account wihtin ten days.

He spoke to me badly and told me than I left the property dirty and stained and he will take legal actions against me. I left the property in good and cleaned conditions and also took the pictures while getting out.

He does not have my new address or email but he might find out from the agency who took my reference for new property I am in?! He is a psycho and being unfair and worse he will not calm down!!

What should I do?!

Thanks.

Posted: Tue Jan 15, 2013 9:10 pm
by uksettlement
Well he doesn't mean anything other than he will not give you your full deposit back but he will deduct money for the property cleaning etc.

Posted: Tue Jan 15, 2013 9:24 pm
by xyz111
uksettlement wrote:Well he doesn't mean anything other than he will not give you your full deposit back but he will deduct money for the property cleaning etc.
No he is infact asking for more money? He is being unfair. I am just being really worried about my ILR which is close and want to avoid troubles!!

Thanks.

Posted: Tue Jan 15, 2013 9:38 pm
by wpilr_nov12
Did you do a 'handover' or exit review when you left the property?
Ask him to provide you in writing what he is claiming for. If you don't want to give his address, you can ask him to email it to you.

Posted: Tue Jan 15, 2013 9:43 pm
by xyz111
wpilr_nov12 wrote:Did you do a 'handover' or exit review when you left the property?
Ask him to provide you in writing what he is claiming for. If you don't want to give his address, you can ask him to email it to you.
No we did not have any exit reviews etc.

He is sending me pics for stained dust bin and of areas that were
unaccessible without dragging/ removing electrical goods (which he would have claimed for scratches on the floor due to dragging) and saying that I need to pay him!!

I AM JUSt BEING SENSITIVE ABOUT MY ILR!!!

Thanks.

Re: ILR and Landlord issue

Posted: Tue Jan 15, 2013 9:46 pm
by ban.s
xyz111 wrote:
He spoke to me badly and told me than I left the property dirty and stained and he will take legal actions against me.
He can't take legal action at his wish. Offcourse he can claim compensation if the property was not left in good condition. This compensation can be settled from the deposit or he may ask for excess (if there was substancial damage). However, landlord's claim doesn't mean if you have to pay the amount. If you feel that the claim is not justified and/or he is being unreasonable and withholding your deposit, then you can dispute the claim and have legal recourse.

Btw - landlords are legally bound to put tenant's deposits in a deposit protection scheme. So if you are not happy and he is withholding your money, you can complain to the company that manages your deposit protection.

Posted: Tue Jan 15, 2013 9:48 pm
by wpilr_nov12
See my second point above.

Posted: Tue Jan 15, 2013 9:57 pm
by xyz111
Implications on ILR is the main thing for me!!

Posted: Tue Jan 15, 2013 10:01 pm
by Greenie
There are no implications for your ilr.

Posted: Tue Jan 15, 2013 10:01 pm
by Greenie
There are no implications for your ilr.

Posted: Tue Jan 15, 2013 10:12 pm
by xyz111
Greenie wrote:There are no implications for your ilr.
Wouldn't court orders (at worst) will result in criminal or simple convictions?!!

Thanks ever so much for guidance so far! Thanks.

Posted: Tue Jan 15, 2013 10:22 pm
by techie_09
This is just a civil dispute and not a criminal offence. You shouldn't worry about your ILR just because of this.

btw, do you have inventory report when you checked in first time while renting that property? If there is no mention of these stained items you can dispute their presence itself. Also someone from third party must have verified the property condition after you moved out. If your deposit was in some deposit protection scheme you can always dispute it and he can't get single extra penny from you. In case it was NOT in DPS then your landlord / agency was at fault and you can make a complaint to appropriate authority.

Posted: Tue Jan 15, 2013 10:35 pm
by xyz111
techie_09 wrote:This is just a civil dispute and not a criminal offence. You shouldn't worry about your ILR just because of this.

btw, do you have inventory report when you checked in first time while renting that property? If there is no mention of these stained items you can dispute their presence itself. Also someone from third party must have verified the property condition after you moved out. If your deposit was in some deposit protection scheme you can always dispute it and he can't get single extra penny from you. In case it was NOT in DPS then your landlord / agency was at fault and you can make a complaint to appropriate authority.
Thanks. Stains were not included within inventory. I will still not contact DPS as I think just to leave it!

Posted: Wed Jan 16, 2013 11:02 am
by humanvoid
I think he is just playing dirty and after your deposit. If you do not want to mess with this troublesome landlord, it is up to you. But I would just agree with comments above, have any communications in writing. Deposit scheme should contact you regarding any deductions from your deposit.

If it was not protected by deposit scheme, you could have taken a legal action against the landlord. Call nearest CAB and ask for an appointment if things get tough.

At any cost avoid any chances getting yourself into court (CCJ).

I wonder if landlord knows about your vulnerable situation? he may be just taking advantage of it, who knows.

Posted: Wed Jan 16, 2013 11:07 am
by innocentdevil
i would tell him to do one and in fact ask him for the deposit back. he cannot harrass you in to paying more money. tell him that you will report the matter to the police and that you will get your deposit off him.

if you went through the agency then i would get in touch with them with some strong words. don't feel threatened by scumbags like those.

Posted: Wed Jan 16, 2013 5:54 pm
by Ramana66
I was in this situation 3 years ago with a private landlord - Indian :( He did not put the money in DPS (Deposit Protection Seem). This itself is a offence and if I am not wrong there is a fine upto two times of the deposit amount. He was basically claiming charges for cleaning - £250, Grass Cutting - £150, Curtain Cleaning - £250, etc, slightly more than the deposit. I have approached the CAB and based on their advice I have sent him a letter through a solicitor (costed £50). Finally he has agreed for £200 and refunded the deposit.

But, my advice is just don't go by my example as people are different and situation are different. You need not take my approach, but it may be just me, who don't like to be treated like that.

My guess is that basically he don't want to return your deposit (and he does this regularly). I understand from some of the student forums that this is what some landlords who rent the homes to students do with deposits.

Best thing would be to go to your local CAB and seek the help from them. In my case, the CAB told that this is third time that particular landlord was doing this.

Hope this helps.

Posted: Wed Jan 16, 2013 8:41 pm
by rneeta
Do not worry about its impact on ILR.

If I were you I would definitely, contact DPS. I was in slightly different situation neither agent nor Landord was responding to return my deposit. Once I emailed giving details of situation with DPS number and copied in the Agent who were saying they can not release. Director of the agent rang and within 2 hrs they asked for the bank account and transfer the money. First ask, DPS certificate and number from the agent/landlord, if you have not received. You may be in stronger postion than the landlord and DPS is designed for the benefit of tenants. One of my friend also was in similar situation asking for more than deposit money , finally, he got his full refund after he challanged it. I think he took legal advice also..

Posted: Wed Jan 16, 2013 9:36 pm
by Ramana66
I agree. Even if goes to court and you will be held responsible to pay the costs for the damages (highly unlikely), this will be still a civil case. So my guess is that it will not go to CRB or something like it (unless you start physical fight).

You from ILR perspective, I don't think you need to worry. But please check up with CAB in your local area for advice.