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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have sent a letter to my landlord to

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Dear Sir or Madam,I have sent a letter to my landlord to let him know that if he doesnt pay back my deposit (he didnt register to the dps) I will bring this to a small court. Now his lawyer is contacting me and asking me to send him many informations including my immigration status etc.What should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, have they said why they require that information?
Customer: replied 1 year ago.
Hi Ben,Here is his the message from him ,
Once i asked him to sort out the dps registering problem with the landlord then he said 'I note your position'.
Then later he started asking me to send him evidences etc. I am not sure what he is trying to do.
I am taking matter to a court to clarify and know if the landlord did a right thing or not and whether I have a right to claim my deposit or not. I mention to the landlord that my point is not that I win the case or not.
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You are wholly mistaken and please read what I write more carefully in futureI AM representing him but BEFORE I set out his case I need to actually read his 250 pages of evidenceNo more emails now as it is late and in future please restrict your emails to 9am to 6pmIf you have any evidence please send it to me in accordance with the CPRPlease also sent a statement of all the rent paid for the full term of the tenancy and provide details of your immigration statusRichard Barca
Wilson Barca LLP
Expert:  Ben Jones replied 1 year ago.
Well that is a rather unprofessional response. I do not see what your immigration status has to do with this claim. Obviously the rent statements can be relevant and you can send these but you should refuse to provide your immigration status and request an explanation as to how this is relevant to the current issues. As to any other evidence you would have to disclose that only once the claim has been made. They refer to the CPR but the rules on disclosure of evidence do not apply until the claim has been made. So you can refuse to supply evidence at this stage because no claim has yet been made and it is not a formal requirement. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
I have to ask you a couple of more questions so please bare with me.I see. I am not going to provide any of my personal information.
Indeed it is very strange he mentioned that he said 'I none your position' then suddenly asking me to send him evidences etc.As for the statement of all the rent paid for the full term of the tenancy, my landlord should have all the transaction history so I am not sure why he is asking me to send him the rent statement.He keeps saying a reason why he doesn't pay back my deposit is because I caused a massive leak while I was in his flat.
However it is not because I covered a drain outlet and made an external leakage, it was an inner leakage happened by the ageing of the flat. Apparently he has been blaming on me for this and holding my deposit.Once I suggested that If it is legally my fault, I can use my insurance to cover the repair however he insisted that he would like to use my deposit as a part of the repair of the showeroom.He was a DIY landlord and also a qualified architect so apparently he was aware of the ageing. He explained me that flat is in a good condition except a buzz from a ventilation fan although I saw some cracks of tiles and damages of the flat when I moved in. He even admitted it once that it is a previous tenant's (tenant before I moved in) fault not reporting him the damage. I have an evidence of this message.In addition to the story above, he started blaming on me saying that I didn't give him a vacate notice but I clearly gave him the vacate notice and I have an evidence too. Once he agreed that If I show him the vacate notice he will return my deposit and I sent it but he never answered. Then he started talking about his health condition, his family, I can escape to the states etc..It is clear that he is trying to find a way out and clearly waiting for me to leave this country.
When I left his flat I left UK (I am back in UK now) so he obviously thought that it is a chance for him to take my deposit to repair his flat. He was a very nice man until I said that I need to leave his flat. Though I though it was a bit odd that I was told from my letting agent he is live-out landlord but he was actually living upstairs.I wrote him a letter to sue him for not registering to the DPS, the amount of security deposit which is £1890.
If he counter claim for damage and a court will consider it. They decide that it was my fault, I am happy to pay for it.
The landlord tends to forget what he said/wrote to me before and make up things. It is really messed up.
I simply don't understand what his lawyer friend and he, they are trying to do.
Expert:  Ben Jones replied 1 year ago.
The further information you need help with is beyond the scope of your original question so whilst I can assist you with it, it will be treated as an additional service, so if you accept the offer I can continue assisting. Thanks
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Ben,Thank you so much for your help.
I am writing my previous message again just in case you were not able to see.-------------------------------------------------------------------------------------------I have to ask you a couple of more questions so please bare with me.I see. I am not going to provide any of my personal information.
Indeed it is very strange he mentioned that he said 'I none your position' then suddenly asking me to send him evidences etc.As for the statement of all the rent paid for the full term of the tenancy, my landlord should have all the transaction history so I am not sure why he is asking me to send him the rent statement.He keeps saying a reason why he doesn't pay back my deposit is because I caused a massive leak while I was in his flat.
However it is not because I covered a drain outlet and made an external leakage, it was an inner leakage happened by the ageing of the flat. Apparently he has been blaming on me for this and holding my deposit.Once I suggested that If it is legally my fault, I can use my insurance to cover the repair however he insisted that he would like to use my deposit as a part of the repair of the showeroom.He was a DIY landlord and also a qualified architect so apparently he was aware of the ageing. He explained me that flat is in a good condition except a buzz from a ventilation fan although I saw some cracks of tiles and damages of the flat when I moved in. He even admitted it once that it is a previous tenant's (tenant before I moved in) fault not reporting him the damage. I have an evidence of this message.In addition to the story above, he started blaming on me saying that I didn't give him a vacate notice but I clearly gave him the vacate notice and I have an evidence too. Once he agreed that If I show him the vacate notice he will return my deposit and I sent it but he never answered. Then he started talking about his health condition, his family, I can escape to the states etc..It is clear that he is trying to find a way out and clearly waiting for me to leave this country.
When I left his flat I left UK (I am back in UK now) so he obviously thought that it is a chance for him to take my deposit to repair his flat. He was a very nice man until I said that I need to leave his flat. Though I though it was a bit odd that I was told from my letting agent he is live-out landlord but he was actually living upstairs.I wrote him a letter to sue him for not registering to the DPS, the amount of security deposit which is £1890.
If he counter claim for damage and a court will consider it. They decide that it was my fault, I am happy to pay for it.
The landlord tends to forget what he said/wrote to me before and make up things. It is really messed up.
I simply don't understand what his lawyer friend and he, they are trying to do.
Customer: replied 1 year ago.
Regarding the immigration status his lawyer wrote me this morning that----------------------------------------------------------------------------------------------
It is a criminal offence for you to take a tenancy without proper status is why it is relevantIn your original emailed letter you gave until 11 Feb to respond and I will send you our full pre action response by that dateIn the small claims court no costs other than fixed costs are normally claimable except for unreasonable behaviour so we suggest you wait before issuing a claim which will mean you have to disclose your current address in the UKRichard Barca
Wilson Barca LLP
Customer: replied 1 year ago.
Though his lawyer insists that I took a tenancy without proper status, however when I was vacating from his flat I consulted with a letting agency and they told me that they were not in charge of his flat anymore therefore I was told to speak to a landlord so I sent him a vacate notice. He agreed with it and he even said he is sorry that I had to leave the country.
Customer: replied 1 year ago.
The landlord often threatened me with border agency or immigration status whenever I tried to negotiate with my deposit so I reckon he suggested his lawyer to go this way..
Expert:  Ben Jones replied 1 year ago.
Hello again, first of all your deposit should have been protected under the DPS, this is a legal requirement under section 213 Housing Act 2004. You can remind the landlord that the deposit should be returned in full as a result and that you can also make a claim and seek compensation because your legal rights have been denied. A Judge has the power to award between 100% and 300% of the deposit in compensation and may also instruct the landlord to return the whole deposit, even if there have been damages. So this is a pretty strong negotiating point, which you can use. Do not be too concerned about what the lawyer may try and do – it is his job to try and work in the best interests of his client so he may try and tricks in the book to try and argue that he is right. This is normal. As for the immigration status, there are some new rules which require landlords to check the immigration status of tenants. These in fact only came in a few days ago. The rules do not apply to tenancies in existence before these rules so they cannot now try and check your status. You should refuse on that basis.
Customer: replied 1 year ago.
Thank you for your quick reply.
You answers give me so much courage.What should I do with his lawyer? Should I just ignore?
For example, he says 'In the small claims court no costs other than fixed costs are normally claimable except for unreasonable behaviour so we suggest you wait before issuing a claim which will mean you have to disclose your current address in the UK'.
Expert:  Ben Jones replied 1 year ago.
I think he may mean that you are being unreasonable at the moment but I do not agree. When you make a claim you will have to use a UK address but that could be the address yu currently live at or you could use the address of someone you now if you are going to be able to get the documents from there. So it is not about ignoring the lawyer but sticking to the point and not be intimidated by his attitude
Customer: replied 1 year ago.
Should I give him my current address or it is okay to disclose when I bring this matter to a court?
I simply can not trust the landlord and his lawyer so I feel very uncomfortable telling him my address.
Expert:  Ben Jones replied 1 year ago.
you do not need to give it to him now
Customer: replied 1 year ago.
Hello Ben,Thanks again for your answer.
So, the landlord and his lawyer is now trying to threat me against returning my deposit that I did not give him a proper vacate notice as a letter. I can see that the landlord is tying to kick me out of London since I am not a British citizen. I am an international student in London.Though I gave him the vacate notice via text message and phone call as I was told from a letting agent that they no longer manage the property, so a tenant needed to contact the landlord directly regarding the vacate notice.I clearly mentioned 'contract' as a reference to ask him if one month vacate notice is okay for him or not.
Then he agreed with it. I also paid a full-rent for the last month which I did not actually stay in his flat too.
Regarding this message he replied that---------------------------------------------------------Hiroto."Yes" means that I heard you want to go (it is illegal in this country to detain people against their will unless they have been sentenced to imprisonment and you are an official.prison). It means I looked forward to receiving your 2 months written notice and/or your proposals to pay the rent in lieu as due under the contract."I'd like to help" means I wish I was in a.position to re-let the flat right away without asking you to pay (as with your prefecessor). It doesn't mean you should walk out leaving me and my neighbours with uninhabitable premises as a direct result of your reckless use of our property making no offer of compensation.I think you might spend more effort looking at ways to mitigate your debt obligation before you make any more ill-advised accusations against me and/or Olivers.And you should be glad that I have carefully preserved the value of your holding deposit so that it is available to reduce your debt burden, instead of looking for ways to make ME pay for your failure to observe a contract. Why didn't you read the documentation before you signed anything? The restriction on double occupancy was not hidden or mysterious in any way.If you started negotiating sensibly, you might find I am still surprisingly amenable. But if all you do is deny any responsibility in the most aggressive and argumentative way, you should not be surprised if I am less than friendly.By the way, don't forget that I asked DPS and they have replied that they do not wish to become involved. Perhaps you would find it useful to look at the several situations where a deposit does NOT need to be paid into a deposit protection scheme in case you find that they have any similarity with your own.JonathanI attached my conversation between I and the landlord so please see.
Customer: replied 1 year ago.
When I asked why the previous tenant who name is ***** *****'t report him about the flat damage and ageing he explained that he said that,'Sacha just disappeared to China a week early'.Then a year later he explained that,'Oh, and by the way, Sacha didn't "run away"!! What an absurd suggestion. His employer assigned him to a post in another country. He had already offered to pay the rent if the flat had remained empty after he left, as is usual.
Expert:  Ben Jones replied 1 year ago.
Hi there, thanks for coming back to me. Just to clarify the website works, is that if your question becomes too detailed or you have a lot of further information and questions about your situation which are not linked to the original query (which in this case was only linked to the immigration status queries you were being asked to answer) then you would need to post it as a new query. You are free to do this on our site in the same way you posted your original question and it will be picked up and dealt with. Many thanks
Customer: replied 1 year ago.
Hello Ben,Thank you for your quick reply.
I would like you to answer my question though how should I go further?
I post as a new question then you can pick it up?Please let me know :)Best regards,
Expert:  Ben Jones replied 1 year ago.
I am in court today so I am not too sure if I will have the time unfortunately. My colleagues are perfectly capable of assisting too though so it should be no issue as to who picks it up - the laws are the same and we all know them :)
Customer: replied 1 year ago.
I understand. Thank you so much for you help :)
Expert:  Ben Jones replied 1 year ago.
No problem, sorry about that

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