How To Sue Your Landlord

It occurred to me that I haven’t really given much support to tenants, but I’ve written a lot of articles for landlords. I guess that’s because I’m a landlord and have never experienced life as a tenant. However, I’m about to broaden my horizons. Here’s how to sue your mean little landlord…

Most ‘tenant Vs landlord’ issues are resolved through small claims courts. Claimants (tenants) can use the procedure to recover unpaid bills, rents or refunds of rental deposits for property for a sum under £5000.

What the court expects

The court expects the parties to have explored all other avenues of settlement.

You must try and settle a claim before taking court action and only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply- a month is ample. You should also warn them that you will take court action if they fail to reply within the given time.

As a claimant, you must be able to prove that court action was taken as a last resort and that you’ve given the defendant every opportunity to resolve the dispute. Make sure you document all your contact with the Landlord.

Having failed the rational route, as so:

Debt Collector
(for those that aren’t “street” or “with it”, that translate into, “hey babydoll, it’s in your best interest for my boss not to have any problems with you. So please, handover the money you owe him or….I will kill you”)

You do the following…

Locate your nearest small claims court

Locate your nearest small claims court and get a claims form. You can download it from the HM Courts website or for your super convenience, make a claim online.

HM Courts Service

Fees

Fees are reasonable, but vary depending on the amount you are claiming. Costs usually vary between £30-£120. You can claim the fees back from the defendant if you win your case. However, if you lose, you may have additional expenses to pay to the defendant, to cover his or her costs.

Compact Law

Preparing the Case

It is important to prepare the case carefully- you need to convince the court you are in the right- the best way to do that is by making your case as strong as possible. Ensure you research how to prepare for it and all documents, evidence and witnesses required are available. Ensure that the defendant has been sent copies of all the evidence, which you want to use in your claim. If you fail to do so, you may be stopped from using this evidence in the hearing.

  • notes about the case should be set out in date order. It is very useful to note down what your case is, for example, the points to make, the documents which are relevant, and what they prove. A list of all documents, and other evidence is useful to make sure nothing is forgotten
  • evidence of expenses should be prepared and any receipts you may need to support your case
  • all letters (and any other relevant documents including photographs) about the case should be ready for the hearing
  • in most cases the claimant and the defendant may be the only witnesses. If the court has agreed that other witnesses can attend, they must attend. If a witness has difficulty getting time off work, it may be helpful to serve a witness summons. The court can explain how to do this.

What happens if they lose but still won’t pay?

As the claimant, if you win the case and the defendant doesn’t pay, you will have to go back to the same court to apply for an order to get the money. This is called enforcing the judgment.

However, before enforcing a judgement you should request that the property is sold or goods seized from the Landlord’s home or business to pay you the money you are owed or instruct their employer to pay you from their salary.
If you need a judgement to be enforced you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email.

Key Points

  • You do not need a solicitor as it is set up on a simple basis for claimants to represent themselves.
  • Judges are very patient, knowing that the parties are nervous and new to the process. A friend (lay person) can help you.
  • If you feel the case is complicated, you should speak to your local Citizens advice bureau for advice
  • The judge makes an immediate decision and the parties can get a full and final result on the day of the hearing if it is not settled prior to court.
  • If you win your case, the Judge will order the defendant to pay either immediately, by instalments or in full by a certain date
  • If you lose your case, the defendant may be able to claim limited expenses from you

Have you had experience with taking a tenant or landlord to a small claims court? I’d love to hear your story. Thankfully I haven’t had to go down that route, but it could be only a matter of time…

It would be kind of ironic if one of my tenant’s came onto my site, took my advice and tried to sue me :)

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194 Comments- join the conversation...

Showing 144 - 194 comments (out of 194)
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Monica 24th July, 2014 @ 21:31

Last year in August my family and I was wrongfully evicted. We had been renting our property for 4 years. These people were like family to us. I always made payments to the "wife", well in May of last year she started asking for cash because my ex gave her a bad check. I had no problem with that because I had paid in cash before or made checks out to cash. Never a problem. I received and eviction notice Mid July. I called her and she said not to worry about it that it was filed in era. In August I paid 975 as usual. Met with her on a Saturday, that following thursday I was being thrown out of my house. Her "husband" arrived with the city Marshalls. come to find out they seperated earlier that year. He told the marshalls she was not his wife, and I had not been paying her. This whole time I thought it was a mistake. He called her, and she said I had not paid since May. I only have three cashed checks from her, and the only evidence I have are text messages between she and I, my bank statements of cash withdrawls that coincide with the days of the text messages. And VM with her asking about rent.

Do I have a case

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Kanen 5th August, 2014 @ 23:46

The townhouse I was renting starting leaking water through the ceiling, we called the landlord he did nothing but say it leaked before but never diclosed the info to us. It finally made a 2 foot hole in our closet. 6 months of heat and moisture. Landlord finally fixed it after we had ended the lease contract. The mold report he gave us had mold found in closet roof. Landlord covered it up never had proper mold specialist come in. What can I do cause now he's trying to get money from a bounced check he finally went through his mail 2 months after the lease ended. What can I do if I can't pay it? Can he sue me if I have nothing in my name?

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gemma 8th August, 2014 @ 01:55

Hi can someone help please I have been without water for 5 days now, in the house is myself, partner and 2 children aged 5 and 4 I rang the letting agency up on monday morning and told them I have no water running through my house they told me to ring Severn Trent water which I did. The engineering man came out asap checked the stopcock near the property and the one on the street he said everything is fine and to contact the letting agency, which I did. They said that they will get in touch with my landlord and he will ring me, I waited for a phone call of him but didn't get one so Tuesday morning I rang the letting agency again and they said that they can't get in touch with the landlord and someone from there end will come and have a look a few hours later the handy man came and checked the main water tap in the house and said everything is fine andto ring severn Trent agaon , so I did they came out again and checked but said everything is fine on there side and to ring the letting agency again because its the landlords problem, so I rang the letting agency again and fobbed me off saying ring Severn Trent again which I told them they have been out twice and there is no problem there end. The letting agent then said well I have been trying to ring the landlord but no one is answering I ill ring the plumber to come out and check which I waited in all day and no one came. So now wednesday has come I ring the letting agency again and they didn't seem bothered by this time I was really annoyed because no one was sorting the problem out and like I said I have small children who couldn't do simple things like brush there teeth, have a wash etc also my house now is smelling like a sewer because I couldn't flush the chain.. I asked the letting agent for my landlords number but they wouldn't give it me so I said what is your next proucedure as I am living in a health hazard. They said they will try and ring the landlord again and ring me back so I waited again a few hours and they didn't call so I rang them back and asked them what is happening because we have had no water for 3 days. They said they can't do anything about it so I said I'm taking this further has it is against the law to have no water for 24 hours with children which again they just fobbed me off. So today I have rang housing standards up which they said they will sort out, after 15 mins my landlord rang me and said they didn't no anything about the situation till today and the letting agency didn't ring him.. Hopefully this mess will be sorted now as my landlord knows about this but I want to know of I can sue the letting agency for not informing the landlord about the situation and fobbing me off and keep asking me to ring Severn Trent water plus having no water now for 6 days? Thank you gemma

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Dee 22nd September, 2014 @ 22:36

Hi I need urgent help got a 2 bed property on 13 September through an agent. As I have just moved to UK from another part of Europe, I asked for furnished property. I viewed the property whilst the previous tenant was still there and signed a 2 year contract, paid for rent and deposit all totalling near £5,000. After the tenant moved out I realised a couple of things were wrong. There was not furniture in the property, the house suffers from mould and damp and infested with roaches and ants.The roof of the property is also leaking. currently my kids and I are sleeping on the floor. I have begged the agent to move me to another property but they day I'm stuck here cos I've signed the contract. All measures to get the landlord's brother ( as he's the one the agent are dealing with I was told the landlord is not in the country) to fix this mess is proving abortive and it's been weeks now and nothin being done. A painter was sent to paintroduce a couple of places that's all. I am at my watts end my children are crying due to the state of the property and my son threw up a couple of nights ago. I have bought and used insecticide but that a no TV working. The roof is leaking and the toilet waste passage is held with planks.

I managed to get the number of the previous tenant from a neighbour and when I spoke to her she said the issues I mentioned have been repairs the landlord promised make a long time ago but nothing haa been done.

please what steps do I need to take to make the agent either move me to another property of return my money as I was told they have not paid the landlord and neither have they put the money in the deposit scheme due to the issues I raised. I asked for a copy of the inventory and after a long time they finally gave me a copy which states the property is not in a habitable condition. Also the agent told me that they were only asked to look for a tenant for the property and are not managing the place but will try and help me resolve this issue.

Please I need your help.

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Vlady 5th October, 2014 @ 12:20

Hello,
I am a foreign student. I have hound a room in shared house trough internet. I have discussed with the landlady which room I want and when I am arriving, she said that the tenancy agreement is 10 month but I never comment this part - I did not agreed with. When I arrived the chosen room was for painting because there was damp and mold on the walls. The landlady asked me to stay in another room until mine is ready. It was late in the evening I have not other choice and stayed. She put me in first floor room next to the front door. The front door was not be able to be locked. When the chosen room was ready I asked her to move into it. She came gave me the key from the new painted room, asked me for the rent, I paid her for 4 weeks and she took me the key from the room that I was occupying and my belongings were still into that room. The landlady knew that the front door is not able to be locked and still took me the key of the room that I had stuff in it. When I start moving my stuff from the first floor room to the pained one, someone stole my wallets with GBP 650. It was for not more that 5 mins that I left them in this room and I have been in the house. I called the police and they made a report. I asked her for any compensation because she expose me in this situation as result that she took me the key. She said that she is not my mother.
I do not have a signed contract with her only verbal agreements. I looked to move out and when I found a new place I informed her that I want to move out with 2 weeks notice. Now she is refusing to pay my deposit back because when I moved into the house I have agreed to live there for 10 months term and now I am breaking this agreement and she wants to keep the Deposit. I never agreed verbal or written that I will stay 10 month. As my opinion she was the first one who break the contract with not providing me the room that we have agreed and the day that we agreed. After the condition of the house are sub-standard. Even of the painting there is still damp on the wall in my room. There is no light into the hallway.
Kindly advice me how I can take my deposit back. Can I sue her for breach of contract at first place and as a result of that I have been robbed and for negligence as well because it is her responsibility the front door to be able to be locked?

Please I need your advice and help.

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Andre carter 19th October, 2014 @ 02:04

I have asked landlord apiling to fix stuff. my house has become unlivable it has been declared by code inforcement Georgia lights the mayor city hall. my son was in the hospital for four days and was in icu for two and a half days due to the fact that my landlord has our pipes running down a bank beside the hoise. we have no septic tank. now we have to move, because the house is not hatiable. what suggestion do you have to recover the money that I have spent on the home and also money for us having to move because the land Lord has failed to maintain his rental properties.

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Pooja 23rd November, 2014 @ 17:02

I am a tenant, we shifted in this flat from 19 months with small family,my baby is 21 months old , we recently had leackege in our bedroom from upstairs flat because her heater pipe got burst it started leacking from 2am we gathered all our luggage and belongings on side but in the morning when we went to sleep for some time in the kitchen, the other crack got open on ceiling and all our luggage got wet and damaged including laptop, when we called the agecy and requested to come with the plumber and see the situation,they were like we dont have time to come there and they sent the plumber he did his work on upstairs flat and did nothing on our ceiling and told us to leave the ceiling the way it is to dry, and u can use the room whole day but dont sleep there for 2 days then u can use, but still we called the agency next day they said no everything is fine ceiling will not fall down, and we were cleaning and fixing our luggage small parts started falling, my baby husband and me was there that parts fell on my baby's leg we looked up and it was about to fall half of our ceiling we ran out with the baby, we called the agency that everything about to fall can u please come here right now but their statement was same that they r busy cant come and suddenly half ceiling collapsed with the bang noise we all were screaming my baby was crying and they dont even asked that what happened,r u alright we got angry and they said u do whatever u want to do but we cant come we r busy.

Now i want to sue them , and want compensation of my personel losses, and compensation on putting our life in danger specially when my baby is there with us

Lanlady said that she want to sit and talk with us but she said that she cant give more money

What do u suggest how can i claim, and how much can i claim

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boby 10th December, 2014 @ 22:45

I delayed paying my rent by 7 days due to fraudulent activity on my bank card, I explained the situation to him but they went on to switch off the electricity whilst I WS away,the took my goods out of my room and put them in a damp shade which they never bothered to lock .when I returned most of my clothes were missing,all my electrics were missing and my passport was no where to be found. I had to cancel my holiday to china because I had no passport.I'm really stressed about this do I have a case

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kevin 12th December, 2014 @ 02:36

My two children and the mother live in a to bed house that has walls covered in damp. It black all over, when then went to apex housing association to get it fixed they messed her about and this is over a year ago. They fucked her about and the are two children who also have heart problems. When askd to fix it they kept putting ot offf but then they started doing stuff like putting a new chimney up and putting fake walls up after they cut two holes in the wall and the water was running into the electric sockets and then they said it was ok that water and electric wont doanything wrong so they put fake walls up but now a few months later the black damp Iis back. So waht can I do to get the house fixed? They also coverd tow holes in the wall they made with the fake wall and left a big hole in the floor that they put there and never come back to fix. Can anyone help, please its an emergency. I know its a strong word but if you had two children living like this you would understand. PLEASE. Please email me

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Renting Sucks 12th December, 2014 @ 10:59

Hi Kevin,

Get in touch with the environmental health and have the place assessed. If they feel it is unsafe, then the Landlord/Agency will have to act quickly to rectify it. If illness is caused by the mold and the EH are involved, then you may be able to sue.

Good luck.

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Benji 12th December, 2014 @ 17:57

http://www.doncaster.gov.uk/sections/housing/tenantinformation/condensation_and_black_mould.aspx

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carol 25th December, 2014 @ 23:09

Hi,
I would appreciate anyone who can advise me on my nightmare housing problem.
I have lived in my property for 3 years, the tenant underneath me has been using d.j. decks to play very loud music, I have complained to the housing association many times nearly every day!! they did take him to court in 2012 and he was given an injunction, the judge said a breach and back in court my neighbour would go to prison.
He breached the injunction after 5 days!!, the housing association then used various excuses not to take him back to court although the neighbour was in contempt of court.
I have continued to complain and have had environmental health involved for the last 2 and half years, the neighbour has now got clever as when environmental health officers arrive to witness the loud music he turns it off as he can see everyone who comes to the property, I have had the police out before and have had to ring them on several occasions.
The housing association just sends letter after letter with more and more warnings, they have visited his property and gave him verbal warnings and had him in the office and gave him warnings but that's as far as it goes.
we have had recording equipment from environmental health and all evidence was used for the injunction, environmental healths policy states they have to witness it 2 more times before they can take court action themselves, after the injunction was breached e. health served a noise abatement order on him which is permanent, they now have to witness another 2 times to take their court action however, he leaves his curtains wide open at night so he can see who is coming to the property so he can turn it off, this is preventing environmental officers from witnessing, they are frustrated with the case and the housing association still does nothing except issue more warnings.
can anyone advise me on what to do as I am at my wits end, cannot afford to private rent as the rent would be double than what I pay now, I am on the council waiting list, I have written to them to ask them to change my banding so I can move quicker and gave them all the information but the council have refused.
can I take my housing association to court
thankyou for reading and advising
much appreciated

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bunmi 30th December, 2014 @ 11:51

My landlord is the council. They are refusing to take responsibility for destroying my car, which was my only means of livelihood. i Work night and come back midnight.That had to stop.
i parked under the building which was legal and the next thing I knew was a big molded rock landed on top of my car dented the roof so bad and crashed the windscreen. It was a complete write-off.
The insurance for my council said they were not responsible for it even though they had not checked the roof in a long time.

Please. i need to know if i have a chance in court

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Gillian Day 30th December, 2014 @ 12:56

For Carol,
It's amazing that you have managed to get so far with your complaint. If you work for someone and they make it impossible to stay in your job through bullying, cruelty or other things then you can leave and sue for constructive dismissal. There may well be something along similar lines that applies to Landlords. You need to check this first. If you can find anything of this nature then you need to write a cool and calm letter to the head gaucho at the housing association and tell him/her that they are making it impossible for you to live there. Not only that but if they are failing to ensure that all tenants abide by the contract then they are in breach of contract themselves. You need to threaten to sue them for these 2 things. If you have a housing association place then you are lucky in many ways and if you are on the council list then good luck. Alas I have been forced into privately rented accommodation for the last 27 years and cannot get help at all. The reason being that the DWP aided and abetted my former employers to keep me out of work and rather than help me with my tiny mortgage of less than £100pcm for a short term, they preferred to waste tax-payers money for decades on paying private rent to wealthy landlords. I am trying to do something about this but our country is so corrupt and the powers that be are staffed by arrogant and somewhat backward dick heads who will not change their ways despite bankrupting the entire country.

We all have very long stories, but rather than bore you with any more of mine, I suggest you visit my web site regarding housing ideas that I have offered to local councils. look for alternative housing solutions/new ideas in housing/social housing.

Good luck

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Joe Dunlop 30th December, 2014 @ 14:50

We have just moved out of a rented property where the heating didn't work properly for the whole 12 months.The landlord kept trying to fix on the cheap and having given notice as he was returning advised he would be replacing the boiler(so he and his family wouldn't have to put up with no heat).I want to invoice him and sue for some sort of recompense can anybody give some guidance?(we have a 1 year old which the landlord knew about)

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Gillian Day 30th December, 2014 @ 17:37

Bunmi, I think they are negligent so you should have a case. They are obliged to maintain the building to a safe standard. What if someone had been in your car? Write back to your council's insurers and demand that they reconsider within the next 14 days or you shall issue court proceedings. Then do it. You could also see your MP. He or she could pursue it for you. Unless of course your MP is Christopher Grayling. Then you don't have a hope in hell as he is so far up the rear ends of almost everyone with any power. Good luck.

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Gillian Day 30th December, 2014 @ 17:53

Matt 136
Yes he is in breach of contract regarding the garage.
If it's is in the contract that you are allowed to have a dog then there is nothing he can do. Call his bluff and take action against him first.

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Claire 4th January, 2015 @ 20:31

Hello,

Please can you help me.

Long story short - had a huge argument with my housemate the other day about cleaning (she was extremely passive aggressive), I then grabbed my keys etc off the table and accidentally knocked a mug onto the floor (it smashed). She had her back turned at me at that point.

Next thing I know, I get an email yesterday morning from the landlord saying he's evicting me, and I have to move out on the 2nd feb. I Called him and turns out, She emailed the landlord and said I had been damaging his flat and that I threw a mug at her (i play netball, if I had thrown a mug... It would have hit her) and that she doesn't feel safe.

Landlord said I have to sort it out with her, other wise we will have a meeting next week and one of us will have to move out. I spoke with her this evening, and have tried to sort this out - but she is playing the victim and lying.

I spoke to the council and they told me he has insufficient grounds or proof to evict me ( She took a photo of the broken mug on the floor) but the council said, unless she has a video of me throwing it or the police were called... That's insufficient evidence and it's an allegation.

The council advised me to email the landlord back with a very stern email which they drafted with me on the phone & I've just sent.

Please can you advice me, if I can be evicted on this? If he can't, what would you recommend me to do to ensure I am not evicted?

I physically do not have anywhere else I can stay, & I can't afford to pay out another deposit before receiving mine back - which will leave me homeless.

Thank you so much for helping me!

Kind Regards,

Claire

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Matthew 8th January, 2015 @ 10:29

Hi,

I need some advice on where I stand on my deposit, if you can help that would be great!

A friend stayed at my flat for 2 nights on the second night the police came and arrested her, they knocked the downstairs communal door down and my flat door in the process. They did not knock and the buzzer for the main door does not work. I did not know she was wanted and when speaking to the police during the event was told the landlord can claim the money back through insurance.

Now the problem is my landlord is refusing to give me my deposit back saying I personally owe him the money for the doors and when emailing saying I owe him over double the deposit amount. I have tried talking to him but he keeps saying that the guy who actually owns the flat will be taking legal action against me? To make matters worse my partner has forgotten to change her standing order and paid him the rent again by mistake and he is refusing to give this back too!

From my point of view it is an insurance claim but he obviously doesn't want to do that but in a claims court I am very unsure of where I would stand?

Any advice at all would be greatly received as I am getting very worried about this.

Matthew

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Nathasha 20th February, 2015 @ 13:52

Hi,

Can you please advice me with my problem.

I am living in my flat for over one year now. From the first month that I moved into my flat there was problem with mould. I am living in this flat with my husband an two children. My youngest daughter has Bronchitis. I have complain to the agency I rent my property from that its getting worse and worse but they keep telling me that the freeholder of the building doesn't want to fix the problem. They have seen the problem and a lot of pictures. The problem started in my living room, but now its every where. Its on the walls, sealing, closet's, clothes, shoes, sofa even by my neighbours downstairs. Long story short" next to all the mould problem every where in the house with a percentages of 87% of mould, we found out when the gas company came to do a 1 year check up that my gas pipe wasn't a gas pipe but an water flexible tap connector. The engineer that came to change the pipe with urgent said that we were lucky that my gas pipe never exploded.

So my question to you is; I have the water pipe as proof and the engineer that can testified what he has seen an change. As well the council has given them an notice because they don't find it normal that we have to live in a house with that amount of mould. So please I need your advice!!

Thanks in advance for reading my comment.

Nathasha

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Max 26th February, 2015 @ 14:55

Hello,

I have looked everywhere and cannot find anything on Private Landlords who don't conduct themselves professionally and when challenged take it personally to the point that when there is a disagreement he then decides he won't let me move in after taking £1500 of my money.

Here is the story

I visited the property and the landlord and found out that 1 of the 4 rooms he was renting was going to be occupied by the landlord although he advertised the property with a 'live out landlord' message.

The landlord had two rooms of which he was charging the same rare for although one was clearly bigger than the other. When I paid the deposit I realised that what he was advertising was misleading because it stated that if you had a bed the room would be £50 cheaper but even with a bed it was somehow the same price?

He had promised to send me a contract a number of times but failed to do so. When I had receive the first copy it was incomplete and did not include what I had already paid, the inclusive bills and the terms and conditions.I challenged him on this and he got upset and wrote 'I know what to include in a contract' and to my mind i thought well why didnt you but apologised for upsetting him.

It was then agreed I would receive it on a specific date by which time I had only 4 days left and wanted the contract before I booked a removal van. I didnt receive anything then got a text message from the landlord asking if I had received it.

As this point I was getting frustrated as I have had bad experiences in the past even when doing the right thing (ill explain that in more detail) I had 4 days left to move and considering everything this 'live in landlord could not be trusted. So irrationally i said found another place and wanted a refund. I hadnt found a place but it was wishful thinking on my part that this would have provoked a reasonable reaction from him.

He then called me on private number whilst at work raising his voice on the phone telling me I had trust issues. He also said that he had sent the contract via an internet cafe and instead of resending the contract and apologising or atleast try to resolve the issue he just sent a screen shot of a pc screen with a typo on the email address but there was no date or time and i no real proof that there was a contract attached to this email.

I then realised that i didn't want to have to go through more trouble of looking for another place so I said to him to resend the contract. I did this straight away and txted him and called him but he ignored me until later on. He sent me an email saying as you said youve have found another place, I cant have you keep changing your mind (which I thought was a tad dramatic since I had reasons to) and then he said he will not have me move in and that the holding deposit is non refundable and he will not refund the advance rent until he finds another tenant.

After this I kept reassuring the landlord that I had not found anywhere else and i asked him to reconsider but we would not have any of it.

Now I have made a claim against him via the online small claims court because although I am aware of my mistakes in this situation he has not admitted his and used the situation to his advantage and kept my money. He is now saying it took him a month to replace me etc...and therefore wants to be compensated...but my point is he would not have had to go through the trouble if he didnt let his pride and ego get the better of him by refusing my offer when I asked for him to resend the contract....

Please I am dying to hear your thoughts on this good or bad!

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Max 26th February, 2015 @ 16:04

Do you think I will have a strong case to get all my money back if/when it goes to court?

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Renting Sucks 26th February, 2015 @ 16:25

Hi Max,

Absolutely (assuming you are UK).

https://www.gov.uk/tenancy-deposit-protection/overview

So yes - you will get it back. You may then want to sue the greedy, leeching, lying little git for wasting your time. :oD

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Benji 26th February, 2015 @ 17:57

@RS,

What has tenancy deposit protection got to do with it?

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Max 27th February, 2015 @ 09:28

That is the thing,

I would say that I had paid a tenancy deposit as a verbal agreement was made but as a tenancy contract was not signed and he is claiming half of the money is a holding deposit and the other half is advance rent (which he should have only received once i signed the contract)

and because of this I was advised that I couldn't make a claim in relation to a tenancy deposit but had to make a claim in relation to money matter - money owed to me.

So it is a bit confusing as where the laws/rules apply or dont apply.

He is now saying he will give me half of the money back but i feel that is him taking the easy way out now that he is being forced to do something about it

So any advice about court and what they will want to understand and penalise us both for to see whether or not it is worth going through the process

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Max 27th February, 2015 @ 09:29

would be much appreciated:-)

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Renting Sucks 27th February, 2015 @ 10:05

@ Max,

Only you can decide whether it's worth it or not, but I think you should go and see a solicitor (initial consultations are generally FOC).

Sounds like he's already backing down so a letter from your solicitor (approx £30) will probably be enough to make him give up his little game and repay you in full.

Good luck and let us know how it goes.

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Benji 27th February, 2015 @ 18:51

@Max,

Firstly (taken from RS's link;

Once you become a tenant, the holding deposit becomes a deposit, which they must protect.

It could well be argued you were never a tenant, so there is no deposit to protect.

There could be a long tedious legal argument about contracts being created with exchange of money etc.

But (it seems) you were never going to be a tenant anyway;

1 of the 4 rooms he was renting was going to be occupied by the landlord

With a live-in landlord, you would have only been a lodger, tenancy deposit protection laws don't apply.

Moving on to this statement;

Private Landlords who don't conduct themselves professionally

He is not a professional private landlord (CPA if interested). He is just some schmuck renting out a spare room for pocket money. You are two equals coming to a freely negotiated agreement.

I am dying to hear your thoughts on this good or bad!

You had an agreement, you broke it.

The 'landlord' was out of pocket because of this.

It is reasonable to assume some of the money you paid was a form of holding deposit.

Keeping £1500 was unreasonable and taking the piss.

He has backed down and offered to return half (a win!). That now seems more reasonable (although worth trying negotiating for more).

All IMHO.

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Rasim Peposhi 9th March, 2015 @ 23:58

I living in this house for nearly two years the house whom I rent is horrible house 5 tenants no leaving room no conditions for living at all but things getting worse after I got sick under tretement medication and the hidgena in the house is total unacceptable complimlining to landlord time by time but nothing changed ok still ok !!!!

But PLEASE READ THIS ONE AND IS ANYONE IN THIS COUNTRY WHOM CAN HELP ME ????????

At 15/11/2014 after heavy rain outside flooding came throug from thë ceiling on to my bedroom for allmast 25 minutes the water on my room came up to 5 cm and damaged all my staff computer Piano clothes bedding documents my TV so due to this I called emergency services but they asked me to call landlord I tried but he didn't open a phone I was enforced to go to hotel I paied by my self for 7 days I stayed in hotel because he responded me by phone and says I will tray to sought it out problems but he didn't do anything just brought in my bedroom one electricity heater and left it for 7 days on to dray the room but I leave in second flor and due to this flooding ang the room under me got flooded from my bedroom water and I'm seriously ill I got during a year two operations and under medication everyday
Since that time my Landlord didn't do any repairing on my bedroom same staff I bought my staff and he don't want to pay for my staff damages I got video record from flooding water covered everywhere my staff
In one conversation I recorded my landlord shouting me with misbehaviour I send to him video via email
IS ANYONE WHOM CAN HELP ME?????????

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jools 10th March, 2015 @ 14:13

Rasim,

Unfortunately your landlord is not responsible for insuring nor replacing your personal possessions. They should have been insured by YOU. Your landlord cannot insure something that is not his/hers. The law/insurance industry in the UK does not allow this.

You should really be talking to your local councils private housing office or the citizens advice office as it is all dependent on your tenancy agreement what is and isn't claimable.

You may be able to recover your hotel costs because the landlord is responsible for rehousing you in the event the property becomes uninhabitable and if he is insured his insurers should cover him for that cost, however if he is not insured then you will have to claim through the civil courts to recover any REASONABLE expenses but these will not include your personal posessions.

Take advice straight away.

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Max 11th March, 2015 @ 10:38

@ Benji

Thank you for your response.

I am aware that the tenancy rules/regs won't apply, which is why I have to escalate the issue via the money claim online.

As you mentioned:
1 of the 4 rooms he was renting was going to be occupied by the landlord

The thing here is that he did initially advertise on spare room as a live out landlord it wasn't until I visited the property he said he will be living there a few days in the week.
Moving on to this statement;

Following on from this:
I am dying to hear your thoughts on this good or bad!
You had an agreement, you broke it.
The 'landlord' was out of pocket because of this.

The reason why I broke it was because i had 4 days left to move in and the landlord had never sent me the contract in order to become a tenant.

Straight after I had asked for a refund, I asked him to send the contract to review and move in as planned. He ignore all my efforts to resolve this and he waited 4 hours to tell me that he will be keeping my money because I cant keep changing my mind? As though I had kept changing my mind throughout the time. When it was him who was inconsistent with his information and promises of sending the contract after having to ask for it more than three times.

In relation to your comment below I have sent him this response:
He has backed down and offered to return half (a win!). That now seems more reasonable (although worth trying negotiating for more).

I appreciate we both have had our own parts to play in this matter so therefore I am willing negotiate the amount, however if we both agree to this I would like to settle for £1100 as it was I who tried to resolve this matter before any further costs were inflicted upon either us. I believe I have been very flexible considering everything that has happened. But I am struggling with the fact that you didn't want to resolve it there and then but now we are in a position where we have to resolve it either way, you still seem to not understand my point of view or or take any responsibility for the fact you waited till now to resolve the issue.

For me to accept £750 - the small claims fee £105, minus the early bird fees I had paid on spare room £60*, minus the postal fees and 3 x £100 rent plus 3x30* bills I had to pay- plus the agency admin fee paid of £150 I am not left with much.

And overall it would work out that I have lost £1250 out of the total loss of £2000* if I was to accept £750.

Taking into consideration the fact you didn't resolve the issue prior to this and the amount I have lost in total, do you think £750 is a reasonable amount to offer especially as I don't feel I have been malicious in anyway for you to feel that I deserve to lose so much.

Please consider this and refund £1100 of the total amount of £2000 and I will leave it as that.

*Estimate of amount due to the variations in cost.

All IMHO.

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Max 11th March, 2015 @ 11:21

But then again when you read the following from CAB should i then be treating this as a tenancy deposit issue...

Oral tenancy agreements

A tenancy agreement exists even if there is only an oral agreement between you and your landlord. For example, you and your landlord may have agreed at the start of the tenancy how much the rent would be and when it is payable, whether it includes fuel and bills such as water rates or whether your landlord can decide who else can live in the accommodation.

Oral agreements can be difficult to enforce because there is often no proof of what has been agreed, or a particular problem may have arisen which the agreement did not cover.

Me: I have proof of what was agreed based on the discussions that we had (which has been recorded, however as he was acting dodgy I was worried to sign the incomplete tenancy agreement he had sent over to me. He had then promised to send me a complete version within 4days of moving in but he didn't!

And I am just wondering what areas the court will focus on and what they deem as relevant in supporting/defending ones case.

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Max 11th March, 2015 @ 11:34

I found this also....

Before applying to the court

You must try and settle a claim before taking court action. If you do not try to settle first, the court may penalise you.

Therefore shouldn't he be penalised for ignoring me when i tried to resolve the matter straight away?

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/tenancy_agreements.htm

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Ana 2nd April, 2015 @ 12:40

I rented a private property by the letting agents. The poison was down in the living room inside the cupboard but I never thought that I'd a family until I saw a mice in my bedroom. Since I've moved I could hear something scratching on the walls and running but I never believed. Last week I had one little mice under my fridge and we killed one in my bedroom. In conclusion I was mislead by the agency when I rented this property. I've a 4 years old and I don't know what to do. Pest control was here, just left few traps blocked one hole and half and he was
ready to go. Found droppings under the bath and holes on the wall where probably they're coming from and run
all over the house. I don't have gas certificate, no hand rails on the stair and any place to go. Citizens advice said that I signed one year fixed term contract and gave
me a phone number to ring.I rang Private sector housing wich they'll send another pest control. Please any advise

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ken 2nd April, 2015 @ 21:57

hi let me run my story by you and see what you think
i sold my house several years ago to a buy and rent back company
i sold it to mr x for a percentage of what it was worth with a promise of money back after so many years these so many years have passed so i decided to confront the landlord and i was told the contract that we and he signed was now void and after numerous emails and conversations he revealed he didn't buy my house he let another person mr y buy the house for the same terms without informing us the land registry form we signed at the time of sale was for mr x we now know that it is in the name of mr y part of the tr1 was replaced to accomodate mr y the tenancy agreement we have is signed by mr y and mr y has also signed our names aswell i.e forged now i believe that mr x owes me several thousand pounds as agreed for agreed contract which he says is void or mr y owes me the rest of the value of the properrty which is almost £40000 pounds as mr x and mr y decieved and lied to me to obtain my property for their own personal gain

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Lynda-Lou 16th April, 2015 @ 11:39

I'm suing my landlord for breach of agreement,as I was told that repairs would be fixed before I moved in. They weren't. And she nor the letting agent supplied a gas safety certificate. The was a gas leak and if I had switched anything on the whole house would have been blown up. They admit there was a fault with the hob but say that they had informed me of this prior to my moving in. They never did. I have now managed to find an email from the gas engineer to say that the hob had failed the safety check. In the contract it says that all electrical and gas appliances must be in working order.
I have been told that I can only sue my landlord and not the agent. But surely as he is acting on her behalf then he is responsible as well?
I would appreciate an answer as soon as possible as the court hearing is on Tuesday next.

I have not had any legal advice as there are no solicitors who do legal aid And the C.A B are not helpful.
Thank you for any advice that you can give me.

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kirsty 2nd June, 2015 @ 16:54

Hi, need some advice please. I moved out of a property aug 2014. I was in the property for 6 years. Since moving, I have been trying to contact my former landlord to return my £550 deposit. My emails, calls and letters are being ignored. I paid all utility bills up to date of moving out and closed the accounts. Rent was also paid up to date with no arrears. I left the property in good repair. The place had a very thorough clean and no damages. (I have pictures to prove this)

I noticed the other day that my contract states that my deposit has been protected with Deposit Protection Service and details on the scheme is written in the contract. I contacted them and it turns out my deposit was never registered. I proceeded to contact the other 2 government backed schemes to check and there is no record anywhere of my deposit being protected. My deposit was paid in 2008, after the new law came about landlords have to register deposits in protection schemes in 2007. I have checked all schemes several times in case there was a mistake.

I have all paperwork relating to the tenancy, including my contract and receipt for the deposit. The contract is an assured shorthold tenancy agreement.

There are 2 issues here- my contract has been broken as they have failed to protect my deposit as they have said they did and the law has been broken because my deposit was not registered and protected within 30 days of paying.

I am in need of some advice on how to best proceed in order to get my deposit returned.

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Vicky 31st July, 2015 @ 20:40

Hi, just wondered if anyone could give me a bit of advice. We moved into our current property 10th July 2015 through a housing agency. Yesterday my partner went into the gas and electric cupboard to top the electric up and he moved a wire that was left in there. As he did so the wire touched the gas pipe and burst the pipe as the wire was still live and attached to the electric box. There was flames coming from the gas pipe and if my partner hadn't of blown the fire out and turned the gas off when he did then who knows the consequences. Just as he blew the fire out and turned the gas off the hole in the pipe expanded and gas was pissing out the pipe. We've got a two year old daughter who was in the property at the time. And although the housing agency sent a surveyor out ten minutes after the incident, that live wire shouldn't have been left there before we moved in. We have the gas certificates but no electric certificates which clearly states they haven't done a complete inspection of the electrics and the property before they let it out to us. Just wondered if anyone could give me some advice on where I stand legally with this as, if my partner didn't act like he did, the gas man said it would have blown our house and the neighbours either side. Thanks in advance.

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tony kavul 4th September, 2015 @ 18:06

hi everybody i need help on this case.

King Kong lets a flat to Joe Boy for a year at a monthly rental of $4000. In terms of the agreement, King Kong agrees to paint the premises before Joe Boy takes occupation. With reference to relevant decided cases, consider and discuss the following situations:

(a) Joe Boy is given the keys to the flat. When he arrives to take occupation, he finds that someone else is in occupation and that the flat has not been painted. Joe Boy does not want to cancel the contract. Advise him of his rights.

(b) During the lease, Joe Boy throws a wild birthday party. A vicious fight breaks out by some of the men over the ladies and one of the guests kicks in a door. When Joe Boy vacates the premises at the end of the lease, the door is damaged. Advise King Kong of his remedies.

(c) During the lease, a structural defect manifests itself, which interferes with Joe Boy’s use and enjoyment of the premises. The defect also causes damage to his expensive Samsung UHD Curved colour television set equipment. Joe Boy wants to cancel the lease and claim damages. Advise Joe Boy.

(d) Joe Boy discovers that the tenant in the flat next door is apparently a drug dealer and there are many strange looking people visiting him at all hours. Advise Joe Boy.

(e) Another one of Joe Boy’s neighbours (Cinderella), three flats down the passage, is a religious fundamentalist, and objects to Joe Boy being gay (homosexual). Joe Boy comes home one day to find the door of his flat has been painted with obscene messages in red paint. Advise Joe Boy.

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Jen 16th September, 2015 @ 23:48

Hey :) I'm so glad I found this site. Thank you. The best way to explain is by pasting on the email I wrote this morning. Bare with.

To whom it may concern

I am living at one of your property' I fought tooth and nail for our home as myself and my three children fled domestic violence three years ago. We went from a one room refuge sharing beds, to a flat where I slept on the floor, to a house where I was on a sofa.
When this property came up I was over joyed. After a long and tough journey we had made it. The place needs so much work. Being on my own I was still grateful that we could start again.
It's extremely isolated with one immediate neighbour. On looking at the property I asked about the neighbours. As being a vulnerable family on our own it was a concern.

I was reassured there was no issues.in front of three other people. ( Can I day at this point magna knew about my past. I'd emailed them enough )
I specifically asked if there was any problems as 'having nightmare neighbours would be hell on earth to us.

Three months in we are living next door to an extreme case of domestic violence. The man has severe mental issues. Two suicide attempts in two months. We listen to the screaming and shouting and it wakes my kids up. I'm on edge constantly. I think it's absolutely appalling that you have moved us here. After everything we have been through. Police records could have been checked. We all sleep with our lights on. I'm frightened to death again and living on my nerves. Three police cars and and ambulance were outside just last night. Their dogs are vicious. Two weeks ago the wife approached me beaten black and blue. Apologising for the smashing and noise.
She has left him
Good for her I'm glad but now the man next door is alone and drinking. I am not sleeping. I am back to sleeping with a knife. My dog won't leave my side.

Oh I've been told to keep a log.. A log? As if. There is only me living next door. The man will know exactly who's making the complaints and I will be even more on edge and worried.

I'm devastated. Your organisation has completely let us down. The man has Alot of previous. A simple check could have been carried out to protect vulnerable families like us.

I'm having to sell my photography equipment that I have worked for two long years to obtain so I can go private as this system has done nothing for us. Absolutely nothing.
I'm not staying here.
I know you won't lift a finger. But for future reference this is not ok. It's not acceptable.

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Jen 16th September, 2015 @ 23:52

Sorry that sent to quick.
I'm here. The 5th night of not sleeping
Researching law like my bloody erin Brokovitch. Someone please help me.
Any advice would be so gratefully received.
Thanks

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Jillian 1st March, 2016 @ 15:15

Hi, My parents entered into what they thought was a shorthold tenancy agreement in June 2007. Eight & half yrs later, my mother sadly passed away. My father has dementia & Parkinsons so sadly we had to put him in a home. I hold Power of Attorney for him. The flat was left empty & spotless. I have asked the landlord several times for the deposit but he said he was in the process of inspecting the flat! After asking him the 4th time he said there was damage. (cigarette burns in the bedroom carpet. My Dad hasnt smoked for years), and a couple of other minor things. I can't prove the burns weren't from my Dad & so I asked for details of the DPS to liase with them. After several attempts, he said he couldnt find it? I am now part way to taking him to the small claims court. It's not a route I wanted to take, we have been through a stressful time as it is. I can't deny the carpet damage, which incidentally has not been replaced in the 8.5 yrs. I just don't believe it warrants keeping all of the £850 deposit. Has anyone been through this process?? I feel worried that I may lose and have to pay the landlords fees. Many thanks

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Richard 5th March, 2016 @ 19:51

Hi can someone help me on this please
Basically i moved into a property in manchester and the property was taken from an agent and the agent pass the key and the landlord contact to me, i got the house but it wasnt cleaned out or painted out before i moved in,I Clean the house and tell the landlord what need doing in the property, he assured me that he will do it but he didnt do nothing, after few month i notice my landlord is a criminal has a police guy came looking for him, had to tell the police i do not know him as am the new tenant.
later on after 3 month i received letter from the mortgage company that he is not paying that court order for eviction has been taken, i have to phone the company and send out some document to prove am a tenant and this was closed down for few months.
later on i have issue with the electric shower i phone the landlord and he send a guy out to change it, but he refuse to pay the guy , the guy came back banging on the door that landlord hasnt pay him and he want to take the shower do, i beg him to speak to the landlord,later in November i received a letter from the mortgage company for eviction again , i called my landlord as usual he was making mouth saying that the company didnt take the money on time that such thing will not happen. i point it out that am moving out of the house as soon as i got a new one.
In January i told him am moving out in feb that can he use my deposit as my last rent in feb, he refuse and i told him i will pay but he has to refund me back he agreed.
Now comes feb, 2 weeks before i moved out the agency called me saying if i can moved out early that he will refund me back as the new tenant need to start bring the family and painting of the house, i Said as long am refunded that not a problem.
2 Days after the new tenant moved all its stuff in and started painting the house, am like this is wrong thou , you should let me moved out first.
i eventually moved out 9 days before the end of my contract and now for me to get my security deposit back the agent been passing me to the landlord and the landlord passing me to agent and they all saying i damage stuff in the house that they will not refund me back for the full deposit of 475, they will refund me 250.
i told the agent that the house was like that before i moved in? can they provide me a picture of the house before i moved in he said no.
I agreed to take the 250 , now the agent refund the landlord but the landlord is refusing to give me back,i found out my landlord never protect my security deposit either , i ask him for my refund he is telling me he is waiting for the current tenant to send the expenses and all that, but i know he was lying cos the current tenant told me he was doing the painting and all stuff from its own money not for the landlord to refund him back,
now i feel like they cheating me out both landlord and the agent?
does any one think i can win a case if i charge them to court?
Thanks
richard

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Simon Pambin 6th March, 2016 @ 16:45

If the landlord failed to protect your deposit, he has no defence: you are entitled to have your deposit returned in full, plus 1 to 3 times the amount as compensation, so in your case you'd be awarded somewhere between £950 and £1,900.

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Stacy Jones 20th March, 2016 @ 07:51

Hello Everyone
I'm A Disabled Male And My Landlord Just To Me Too Stop Smoking In My Own Apartment And I Do Not Mess With Anyone So What Should I Do About This?

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Kerry 8th June, 2016 @ 17:29

Hi, don't know really where to start. Me and my family lived in a property for 8 years which was very mouldy and damp( the ceiling in most rooms where completely black with mould). My boys slept in a bedroom that dripped.most of the heating didn't work so it was always very cold, told the landlord through out the years about it but never fixed it and blamed us for it. I kept cleaning the mould of, but it kept coming back, we painted and it kept coming back, the skirting boards were all cracked and rotten. We couldn't afford to move so we had to stay there. My husband now has copd and is quite ill from it. I was wandering if we could sue him for my husband's condition? We have moved now in the last month and the old landlord won't leave is alone.

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Confused 18th June, 2016 @ 18:14

I need help I'm currently out of work due to medical problems and my landlord trying to evict me they saying I owe $800 dollars but I only been out of work 3 weeks she is the secretary at my job and she was taking the money out of my check every week my rent is $500 dollars she was taking $125 dollars a week sometimes $150 and she knows about my back problem can I sue cause my check stubs proves I can't be behind that much

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Don Bacion 10th August, 2016 @ 20:33

If the landlord returns your security deposit in full can the landlord sue you for damages 4weeks later after you moved out

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Holly 11th August, 2016 @ 21:06

My landlord has let people enter my flat for reasons that have been uneccessary I have since moved out and he is threatening to sue me if I don't pay the rent until the end of the contract. And says that i am liable for the rent until the end of the contract could I take him to small claims court as he has been in clear breach of contract.

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Dany 17th September, 2016 @ 18:17

Hi i was wondering if someone could help, my student contract ended on the 30th of July I am still waiting for my deposit back from the estate agents we have agreed on how much deposit the landlord wanted to take it have been calling up every day and going in and seeing them and they keep telling me that it is done and it will be in my account by the end of the day this has happened at least 4 times now I'm not sure what to do?

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