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Private Tenant vs Landlords & Letting Agent Deposit Issues and Intimidation

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Author Topic: Private Tenant vs Landlords & Letting Agent Deposit Issues and Intimidation  (Read 200 times)
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« on: June 15, 2021, 12:25:53 PM »

Hi everyone I am new and will be as detailed as I can thank you.

August 2019 paid 1 months rent and deposit, monthly rent is 975.00pcm 1st tenancy was an 6 month AST, at the end of the 1st 6 months AST (February 2020) I paid 50.00 in January 2020 to renew the tenancy. 2nd 6 month AST ran from February 2020-August 2020.

On 18th August 2020 letting agent sends a 'notice requiring possession' letting agent headed letter saying I have 6 weeks to vacate property, I could not find anywhere suitable was given a further 1 month from landlords. In November 2020 was given a second 'notice requiring possession' given 3 months to vacate property.

In April 2021 there was issues with the electrics I contacted the LA to get a gentleman who I used before to fix the lights in the property to come again however they brought their own electrician turns out it was the landlords son I believe used to spy on me. The property is in disrepair and everything such as issues has been documented to the letting agent throughout tenancy,

In May 2021 LA asked if the landlord could get the gas checked was issued a Gas Safety Cert that same day.

In June 2021 two gentleman came to the property at two different times second being 9pm they said they are an independent company acting on behalf of the company, I asked for verification ID, they replied 'we cannot disclose that kind of information nor would it be of any use to me' one was recording me the other had 6 brown envelopes with paper saying I must sign here that I received these documents, I refused they said we will let the landlord know and be on our way to 'other properties'.

Next day landlord himself gets a gentleman to drop the documents to my door I pick it up and notice it was the letters from the previous day it read 'How to Rent 2018-2019, 2019-2020', EPC, Gas Safety Cert inside included one done in July 2019 but only received it in June 2021 and the two tenancies. The landlord's wife's relative walked past the property recording me on her mobile phone, then landlord himself drove past recording me.

My neighbour spotted the two gentleman and in fact is the landlords friend, as of yesterday (14th June) the two gentleman returned again recording and threw 1000 in an envelope and said 'delivered'.

To date I have no rental arrear's and I am assuming the same gentleman would be returning tonight to issue section 21, where do I stand now as the deposit was never protected nor did I receive any PI, all of the necessary documents have been served this month now and I feel very intimidating and called 101 about this as they I have emailed the letting agent sent a complaint to her about this she is acting dumb as she is fully aware of what the landlords are doing.

Thank you
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« Reply #1 on: June 15, 2021, 02:31:33 PM »

Where to begin? I think this is the sort of case that needs a solicitor.You could contact your local CAB or Shelter for more information.They are trying to get you out without any fuss,because you have the potential to be granted a great deal more money than 1000. Do not sign anything,or engage in conversation until you get legal advise.If you feel at all intimidated,don't hesitate to contact the police and your local housing officer at the council.Let us know how you get on.This really is shockingly bad behaviour,don't tolerate it.
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« Reply #2 on: June 15, 2021, 04:56:47 PM »

This is insane, they are clearly trying to get everything right so they can evict you a lot more easier, do not sign anything and email the agents informing them of everything that has happened, have it in writing that you didn't receive these documents in the past and that you will take legal action.

You should definitely seek legal advice though, good luck.
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« Reply #3 on: June 15, 2021, 07:06:35 PM »

Where to begin? I think this is the sort of case that needs a solicitor.You could contact your local CAB or Shelter for more information.They are trying to get you out without any fuss,because you have the potential to be granted a great deal more money than 1000. Do not sign anything,or engage in conversation until you get legal advise.If you feel at all intimidated,don't hesitate to contact the police and your local housing officer at the council.Let us know how you get on.This really is shockingly bad behaviour,don't tolerate it.

Thank you, I have contacted Shelter, CAB, the local council, and solicitors. Shelter has advised that notice should be 4 months on a 6a form any date can be given as its a statutory periodic tenancy, the letting agents are siding with the landlords, I contacted the council twice this time I think they will take me seriously as I said I will have no option but to make a formal complaint. Council said they will contact the landlords, called 101 police they keep saying it's a civil matter which I know but getting friends to come to the property to record me and serve documents is not necessary. I have contacted Anthony Gould solicitors who said once I get section 21 they will check for me.
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« Reply #4 on: June 15, 2021, 07:09:43 PM »

This is insane, they are clearly trying to get everything right so they can evict you a lot more easier, do not sign anything and email the agents informing them of everything that has happened, have it in writing that you didn't receive these documents in the past and that you will take legal action.

You should definitely seek legal advice though, good luck.

Hi Dilyan, I know nearly after 1 year they have clocked what they should have done I have not signed anything all they have is just recordings of serving the documents to me. The letting agent unfortunately is on their side. I have a claim of non-compliance with the deposit so I should be happy at the end of all this. I will be taking them to court.
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« Reply #5 on: June 15, 2021, 09:07:42 PM »

If the agents are members of any trade associations you should report them. Go for it!
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« Reply #6 on: June 15, 2021, 10:14:34 PM »

You should fully expect the Letting Agent to be "on their side" as it's the Landlord they work for... even though everyone should, ideally, be on the side of right.

Your claim for Deposit irregularities lives on regardless of where you are physically located... so have you thought about accelerating your efforts to move? It doesn't affect your ability to bring a case but it might make you feel a whole lot better if you don't have all this going on around you. I hear, from time to time, Tenants on here who appear willing to 'fight' a Section 21 at all costs... ending up in a war of attrition that does no-one any good in the long run. Even the most stupid and inept Landlord will eventually get it right and get all their ducks lined-up. Your payday is the Deposit claim... not how frustrating you can become to someone you don't care one jot about.

Have you been looking for a property with gusto since August 2020? Still nothing suitable? A year is a long time to not find anything, if you are looking.
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« Reply #7 on: June 23, 2021, 05:41:49 PM »

If the agents are members of any trade associations you should report them. Go for it!

Yes they are a member of the redress scheme sent a complaint to them as advised by TPO they have about 5 weeks to reply back to the complaint we shall see.
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« Reply #8 on: June 23, 2021, 05:44:21 PM »

You should fully expect the Letting Agent to be "on their side" as it's the Landlord they work for... even though everyone should, ideally, be on the side of right.

Your claim for Deposit irregularities lives on regardless of where you are physically located... so have you thought about accelerating your efforts to move? It doesn't affect your ability to bring a case but it might make you feel a whole lot better if you don't have all this going on around you. I hear, from time to time, Tenants on here who appear willing to 'fight' a Section 21 at all costs... ending up in a war of attrition that does no-one any good in the long run. Even the most stupid and inept Landlord will eventually get it right and get all their ducks lined-up. Your payday is the Deposit claim... not how frustrating you can become to someone you don't care one jot about.

Have you been looking for a property with gusto since August 2020? Still nothing suitable? A year is a long time to not find anything, if you are looking.

Hi, yes I was being lazy and didn't think about moving at all until they noticed however, I have found something as this is just not acceptable I understand they want their property back I would but does not mean to carry on like this. But I will be moving in a couple of weeks, I thought I would of received a s.21 but I guess they are probably escalating this to court.
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« Reply #9 on: June 23, 2021, 11:40:35 PM »

I thought I would of received a s.21 but I guess they are probably escalating this to court.

Without a Section 21 (or a Section 8) there's nothing to escalate.

If you're moving in three weeks' time they might kick up a fuss over your not giving them notice, but you've got a pretty big lever in terms of the non-protection of the deposit. (I imagine your landlord already knows that, which is why he's literally throwing money at the problem!)
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« Reply #10 on: June 24, 2021, 03:31:31 PM »

I thought I would of received a s.21 but I guess they are probably escalating this to court.

Without a Section 21 (or a Section 8) there's nothing to escalate.

If you're moving in three weeks' time they might kick up a fuss over your not giving them notice, but you've got a pretty big lever in terms of the non-protection of the deposit. (I imagine your landlord already knows that, which is why he's literally throwing money at the problem!)


I gave them notice in writing so 4 weeks in total. Would it be worth putting the LA as a co-defendant as I imagine the landlords will say the excuse of 'were not professionals it was the LA's responsibilities'. I am just playing dumb at the moment. Thanks.
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« Reply #11 on: June 24, 2021, 03:43:28 PM »

Responsibility for Deposit protection is clear and inarguable.
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« Reply #12 on: June 24, 2021, 09:35:21 PM »

Responsibility for Deposit protection is clear and inarguable.

Thank you
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