Bats in the belfry, windows are jammed - London flat renting, deposits & landlords

Hmmm, nothing immediately obvious up there. Which I guess is a good sign. Now I know I can get in, I'll have a good hunt about in the light tomorrow, and probably turn the water off up there just in case.
I should move in, it's bigger than my place.

I've found that a sparkplug gap gauge is perfect for exactly these kinds of operations.

Lol at this conversation

Looks as if it either a blocked gutter/downpipe or a dodgy seam where the old chimney stack borders the flat roof. One wall of the upstairs flat is obviously very damp, above where the leak into mine was. It's the wall with a disused chimney in it, so it looks as if water is coming down into mine where the chimney breast was removed years ago.
No dripping today, so it's rainwater rather than plumbing, I think.

Moving out my omnishambles of a residence very soon, thank god, having been sleeping in the livingroom for the last three months because the bedroom is so damp.

I've been sneaky and not paid the last month rent to cover the fact that when I moved in the place was disgusting-which I documented before getting the marigolds on and bleaching every surface-despite agent keeping the previous deposit for 'cleaning'.

I've just seen that despite telling the agent of the damp problem (all electric flat, no window vents, visible repairs/damage to exterior north facing wall and subsidence problems as there was a cracked lintel at my livingroom window) he's re-marketing it straight away for more than I'm paying. Can he legally do this without taking remedial action? The cheeky fucker has a gift for staring at a blatantly filthy carpet/wall/floor/bathroom and trying to pretend he's not seeing anything, it would be amazing were it not so maddening at the same time but he's been specifically told of a serious problem so he should be obliged to act on it, non?

TLDR: Basically, agent's a shady wee cunt of a man who operates at the lowest end of the market and I'd like to fuck him over before I leave within the bounds of the law. Am I justified in getting the local council health inspector in to assess the damp issue?

Yes.

Oh good. I've already made the arrangements but had a moment of wondering if I wasn't being an irredeemable cunt about it all so needed reassurance that THIS ISN'T NORMAL (even if it is in the UK) as if there's a hornet's nest you can be guaranteed I'm the daft cunt that will give it a solid punt.

Now that I've asked that, is it ok/acceptable for me to go to China Buffet King a day before leaving, then wake up the next day, chug a bottle of laxatives, strip naked, don a snorkel then assume a position on my back with knees raised and foffa all over the premises?

Yes. Contact your Local Authority. They should have a department which covers private rents (I know Southwark do).

If you really want to screw the landlord over, check your Deposit Scheme documents, particularly the Prescribed Information. Most landlords (and agencies) only gave out the minimum documentation. In 2012, a landmark court case took place where the Court of Appeal stated tenants had to be supplied with a hard copy of the complete terms and conditions of the scheme. If like me, you'll find that you were given a leaflet or documentation with a link to the T&Cs, not the actual T&Cs, the landlord has not complied with the law. You can claim the full penalty. As in 3x your deposit and your deposit returned. The best way to find out if you have the information is if you landlord included a document like this with your contract. If you don't then you're good to go.

I wouldn't do the last part...

this would have been gold to know a week ago but I released the deposit in lieu of final month's rent as I didn't want to deal with either being chased in court for it or have cunts turning up at my door for my last few weeks. Stored for future though, thanks!

I could always just do a banksy-esque spraypaint mural of the foffa logo on the wall and a stencil of a high-pro. Ewww.

You've up to 6 years to claim for TDS, regardless of whether the deposit has been released or not.

Its a bit like payment protection, there's a growing number of companies, who will even handle all the claims for you too.

Can you link to any in particular?

Here...

or

Here...

But, they take up to 25% of your total award. I would only go down this route if you've already exhausted sending a few letters, stating the breach of the law regarding the Prescribed Information or don't want to go down the court route. There should be standard template letters available online or from Shelter etc. Essentially, since the ruling, there's absolutely no defence for the landlord and they have to have complied within 30 day of the start of the tenancy.

So if they don't send you a physical copy of the T&C you become cash rich? Nuts.

Sort of. There was a law created to protect tenants. And the court ruled that the Prescribed Information is "very important" as the Tenancy Deposit Scheme is a contract. Many landlords didn't or haven't complied with the law.

Its a bit like payment protection, there's a growing number of companies, who will even handle all the claims for you too.

Grubby

I'll buy you a beverage of your choice when I'm filthy rich from this.

I just looked and I didn't get anything apart from a confirmation email from the scheme over a month after I paid it, no t&c's or anything, but then I never got an inventory either and had a pile of the last tenants junk in the hall cupboard for weeks afterwards and his piano in my livingroom for months too.

I can't decide if scalping him for a grand and a half on account of the deposit scheme t&c's is justified, but there's plenty of other things that he didn't do with regards hygiene and condition of the flat that makes me think the money definitely is warranted... Like not being able to use the bedroom because it's so damp you wake up in the morning wheezing and sneezing. I'll wait and see how I feel after I vacate I think.

confirmation email from the scheme

That probabkt counts as the requisite prescribed information. Your deposit is being held in a scheme, and you have been informed of that.

No, the information is meant to be more specific to your situation. Where in the contract it details deposit deductions, how to reclaim the money, etc.

How do you prove you didn't receive it?

"I posted it", says the landlord, and possibly even "something you signed said you'd received it."

Even if it doesn't give you a hard copy of any terms or conditions as per Muppeteer above and is outwith the prescribed 30 days?

I guess he should have kept a signed copy of the same for his own records?

I don't think a hard copy is necessarily a requirement. A PDF or an email would serve just as well. The point was that the landlord can't just provide a generic link to the tenancy deposit website or expect the tenant to google it.