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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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I was paying £950 when I moved into my Landlords Apartment

Customer Question

I was paying £950 when I moved into my Landlord's Apartment in 2009. In 2010, when my tenancy expired, he didn't give me a new contract but went ahead and increased my rent to £1100 telling me that all bills are inclusive since I was'nt comfortable that there was no meter in my house. i am not arears in my rent payment till date. In 2012, there was an incidence with the lightings and EDF came around to fix it. When EDF was around, I now discovered that my Landlord's has been lying to me ever since. He hid the fact from me all this while that my apartment was sharing the same electric meter with 2 separate apartment( one in the same block with me and the other in another street on a different block) and the meter was at the block in another street. After paying a total of £5400 (taking into account the excess £150 every month for the past 3yrs), he said I should pay another £2200. Since I refused to pay the £2200, he decided to served me a quit notice. When I requested for my deposit certificate, he couldn't produce it because he hasn't secured my deposit as when he served me a quit notice. He finally secured my deposit in 20 May 2013, and he is threatening to withhold my deposit as well. As if it wasn't enough, he gave me a bad reference, when I got a place I wanted to moved in. Now I have lost the apartment due to the bad reference he gave. I have been its tenant for 5yrs altogether taking into account, i was a tenant in one his apartment in 2008/2009. When I left the former place for the new, I left his apartment in a good condition. What can I do? I want to move out but since he has given me a bad and false reference and how do I resolve the issues regarding the reference and concerning the money.
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What type of contract is it?
Customer: replied 4 years ago.

FOR JOMO1972,


It is a shorthold contract but I have lived there for 4yrs.

Expert:  Remus2004 replied 4 years ago.
Thanks

When did you last sign an assured shorthold contract please?
Customer: replied 4 years ago.


FOR JOMO1972


The last time was in 2009

Expert:  Remus2004 replied 4 years ago.
Thanks.

How long was that for?
Customer: replied 4 years ago.

FOR JOMO1972


 


6 months with the same Landlord, who didn't bother to issue another after the expiration of the contract.

Expert:  Remus2004 replied 4 years ago.
Thanks

I just need 30 mins to type out an answer if thats ok?
Expert:  Remus2004 replied 4 years ago.

Thanks for the information and for the time. The ipad is slow and I had to do some research.

I am at a bit of a loss to see how he has managed to secure your deposit. It would seem that you were no longer on an AST at the time that he achieved that which should have been impossible. Probably he is saying that the AST exceeded that time period.

In any event, if your deposit was not secured then the s21 served upon you was completely unenforceable. You seem to be saying that you have left anyway so that does change things as the s21 point can no longer be taken.

On the point of the deposit, you can make an application to the small claims court under the Localism Act for one to three times the sum of the deposit. Since the deposit was ultimately protected it is not likely you would recover more than the sum of the deposit but that is not necessarily something the landlord would know so he may settle for much more. You can issue here

www.moneyclaim.gov.uk

On the point of the reference, unless it actually amounts to a defamatory statement there will be limits on what can be done. Defamation is an expensive action though and you cannot hide from that.

Hope this helps. Please let me know if you need more information.