What can my landlord do?

[mercenary]

Here's the thing. If your deposit is in a scheme then you have, it seems, good protection:
www.adviceguide.org.uk/h_tenancy_deposits.pdf

But it was unreasonable landlords unfairly keeping deposits which led to the protection deposit schemes being introduced.

Having read the PDF, I'm going to change my earlier advice on this. Play a straight bat and pay the rent. If he tries to dick you about, get a CCJ and Bailiffs involved. It's a contract, and if it's been fair and equitable, then I don't see how he can justify not returning the deposit. And make sure you get a week off work paid.

Hi been a long time lurker on these boards and this thread finally got me off my behind to sign up as I am also a landlord and just been through the eviction and small claims process.

1. Its great for both you and the landlord that you are in a DPS as if this goes to court and there is no DPS, regardless of anything, then it will by default settle in the tenants favour as the court will not waste time getting to the bottom of things if the landlords paperwork is not in order. Landlords are all required to use the DPS. Equally the DPS will ensure that you get your money back if the LL has no valid claim.

2. You must ensure that you are lawful and pay according to your contract - contrary to what others say on this board, I can assure you that the court is sympathetic to the tenant. But once the tenant does "wrong" then the judge can quickly turn on the tenant. It is way way way better not to have any wrongs - including having a dog without permission is a wrong. The DPS adjudicator will have a similar attitude.

3. Under the DPS you are entitled to get your deposit back if there is no valid claim by the LL. While the courts turnaround time these days is much faster, the DPS can be slow (4-8 weeks for a sitting) so ensure that you contact details are up to date with the DPS (e.g. use email) so you can respond quickly. the landlord is required to refund within 14 days after the end of the tenancy so the minute he does not pay, then contact the DPS. The DPS is also initially biased toward the tenants but can similarly turn so keep them sweet by doing everything by the book. If the LL refuses, then they will take great pleasure in prosecuting him and if he is skint, award you a charge on the property so you will get your money back eventually.

4. I trust you did have a professional inventory from a third party? - highly highly highly recommended - in SW London it is 160 on checkin (landlord pays) and 80 on checkout (tenant pays). you get detailed pictures, precise descriptions of damage etc. and this will breeze through any DPS dispute as the adjudicator will simply compare the check out and checkin reports and check they are consistent with any damages and rental claim from the landlord since they have to be backed up with receipts. Any repairs you have conducted should have been done with the consultation of the LL but hopefully, they will simply not notice but if you have had done a bad job e,g, tell tale splashes of gloss everywhere then the LL may have a claim against you.

5. Finally, compensation in court for lost earnings. Well it was the good old days of investment banking before the gravy train ran out and I was on 700pd + retention bonus + flat rate VAT taking lots of time off to attend court appearances. Instead, there is a court maximum - something like 70 pd and even this was discretionary - not worth the paperwork so dont hope for any stupid court payouts for this.


Good luck and I hope this advice helps.

[Pondlife]

It's a contract. If it's in black and white that the landlord can recover reasonable costs incurred in event of the tenant being a dick then there's no hope in hell of said tenant being able to argue that in court.

If said Landlord is on x hundred a day and has to take 3 days off work to deal with issue then that would more than likely be deemed reasonable to recover for x hundred times 3.

But if said landlord pays themselves minimum wage and takes divvies? Do you think you could claim loss to another business I own?

[Sockpuppet]

Your deposit is in a protection scheme, therefore your not going to lose that if everything is above board when you leave. He cant withhold it for no good reason.

However, should you not pay up the last months rent, your opening up the flood gates of hell.

a) He will dig his heels in with repaying the deposit himself (if protected under the insurance scheme), or make it difficult if he's using the custodial scheme.... and he will probably nit pick on any problems which he wold normally overlook.
b) He will probably sue you for the last months deposit anyway.

Everything is stacked in his favour unfortunately.

A far better course of action would be to pay the final rent, then trash the place getting your money's worth out of the deposit. Also consider smearing cat poo over the kitchen cupboard door handles. I did find that quite amusing when a tenant did that to me. Made a welcome change to having the police round there kicking the back door in as she got involved in a few domestics with her boyfriend....

The last 2 places I've rented I've always forgot the last months rent and left the deposit. Never had a problem. Then again I've usually left them in a better state than when I arrived - plus the land lords were unbelievably crap (lots of debt collectors looking for the landlord at one property I lived in).

This place is different, land lady is nice sorts problems first time and generally a good egg so when I leave I'll do things right by this one.

[Old Hack]

Been through this before, and loss of earnings doesn't mean wages, it means loss of earnings; divis come classed as earnings. I had an accident on the train platform at Newport. Long story short, broken thumb and 2 fingers on right hand, smashed laptop. Loss of earnings claim went in, which was disputed as my earnings were only £6k per annum, not £6k for the two weeks I had off. I sent in the contract I had, stipulating earnings, not wages, and all they then did was asked if some could be reduced due to not having to pay for travel, which I refused.

I have a rather odd tenant in at the moment, who is not exactly mainstream. He has dug a hole in the garden (the just turfed garden) to use as a fire pit, as well as various other things (damaging ceiling getting 8 bikes into the loft (wtf?)). He pays his rent on time, I am rarely, if ever bothered by him, and we have a good relationship. He knows I will expect the house returned to it's condition he took tenancy, and if not, will persue him for it. He also knows that I will claim loss of earnings. I have been clear to him, and the others, what I expect, and its in the contract.

Simple really.

[Old Hack]

The last 2 places I've rented I've always forgot the last months rent and left the deposit. Never had a problem. Then again I've usually left them in a better state than when I arrived - plus the land lords were unbelievably crap (lots of debt collectors looking for the landlord at one property I lived in).

This place is different, land lady is nice sorts problems first time and generally a good egg so when I leave I'll do things right by this one.

How do you get references from your previous lets? I know you have to have them, as I don't let without them. If you did this to me, I would chase you for it, and charge you all losses. I would also ensure this was on your reference.

I can't see this as being a legit post. I can't see how you can rent without references.

[GillsMan]

How do you get references from your previous lets? I know you have to have them, as I don't let without them. If you did this to me, I would chase you for it, and charge you all losses. I would also ensure this was on your reference.

I can't see this as being a legit post. I can't see how you can rent without references.

References are a waste of time IMO. I never ask for references for my tenants. If a LL has a nightmare tenant that he wants to leave, do you think he's going to write a positive or a negative reference? Often, they'll write a positive reference just to get the tenant off their hands. Waste of time.

Also, I can't see how your "loss of earnings" clause would ever stand up in court. You're running a property business when you let it out, and allowing time to deal with issues is part and parcel of the business. If there is some sort of boiler emergency which would require you to take a day off of your work, would you bill for a day's earnings? When you have to take time off to show prospective tenants around, do you bill them for the loss of earnings when they move in?

Put it this way, if you've stipulated that your Tenant has to pay for your "loss of earnings" and when s/he moves in, you (well, not you, but your LtdCo I assume) is billing £300 a day, what happens if by the time you have to bill him for a "loss of earnings" you/your LtdCo are billing £700 a day. What then?


If a LL ever tried that on me, I'd be straight on the appeal line to the DPS.

[Old Hack]

References are a waste of time IMO. I never ask for references for my tenants. If a LL has a nightmare tenant that he wants to leave, do you think he's going to write a positive or a negative reference? Often, they'll write a positive reference just to get the tenant off their hands. Waste of time.

Also, I can't see how your "loss of earnings" clause would ever stand up in court. You're running a property business when you let it out, and allowing time to deal with issues is part and parcel of the business. If there is some sort of boiler emergency which would require you to take a day off of your work, would you bill for a day's earnings? When you have to take time off to show prospective tenants around, do you bill them for the loss of earnings when they move in?

Put it this way, if you've stipulated that your Tenant has to pay for your "loss of earnings" and when s/he moves in, you (well, not you, but your LtdCo I assume) is billing £300 a day, what happens if by the time you have to bill him for a "loss of earnings" you/your LtdCo are billing £700 a day. What then?


If a LL ever tried that on me, I'd be straight on the appeal line to the DPS.

This is on advice from a solicitor, so whilst I thank you for your input, I tend to listen to the experts in matters like this.

Fixing a boiler, is ongoing maintenance, showing people around if for agents. Chasing a tenant for unpaid damages/rent isn't. I am sure you can see the distinction.

As for contractually being obliged to pay for my loss of earnings, why would there be an amount? It's a simple caveat - fook me over, and you'll pay for my loss of earnings sorting it all out.

I have used this in court before, and loss of earnings are loss of earnings, not loss of wages, or salary, and I am sure a man as worldly as you can see there's a distinct difference. Big fat cheque from Aviva Trains Wales and others thank you.

[GillsMan]

This is on advice from a solicitor, so whilst I thank you for your input, I tend to listen to the experts in matters like this.

Fixing a boiler, is ongoing maintenance, showing people around if for agents. Chasing a tenant for unpaid damages/rent isn't. I am sure you can see the distinction.

As for contractually being obliged to pay for my loss of earnings, why would there be an amount? It's a simple caveat - fook me over, and you'll pay for my loss of earnings sorting it all out.

I have used this in court before, and loss of earnings are loss of earnings, not loss of wages, or salary, and I am sure a man as worldly as you can see there's a distinct difference. Big fat cheque from Aviva Trains Wales and others thank you.

Haha, settle down. Jaysus. It's very likely that the tenant could make a claim to the courts that this term is unreasonable as defined by the UTCCRs. Judges tend to take a very dim view on LLs who ask Ts to fork out an unspecified amount of money in the event that you're claiming for something as arbitrary as "loss of earnings".

Your loss of earnings are, I assume, your LtdCo's loss of earnings while you - as sole employee of your company - are unable to work on billable days due to chasing a T for unpaid rent/damages. Correct me if I'm wrong on that count. Assuming I'm right, I don't see how any court would force a T to pay for that. Maybe you're just lucky, but if you try that on someone who actually knows something, you might find that a court doesn't award in your favour.

[MaryPoppins]

If you're applying for a mortgage, won't the mortgage company want a reference from him?

Really?

[Sockpuppet]

How do you get references from your previous lets? I know you have to have them, as I don't let without them. If you did this to me, I would chase you for it, and charge you all losses. I would also ensure this was on your reference.

I can't see this as being a legit post. I can't see how you can rent without references.

What references? I just told them I currently lived with my parents. Tell them your sellnig up to move, anything really. Do you think a agency really gives that much of a toss to check your story.

When they wanted an employer ref I got them to phone a mate on my local rate number my company rents and he acted as my boss as most agencies don't understand the concept of contractor through a Ltd.

Sometimes in left lying really is a better option than telling the truth, just helps things go smoother.