My Landlord Won’t Give My Deposit Back
12 Jan 2009
Here’s a conversation I had earlier with a friend of mine:
My ex landlord claims he’s paid my deposit, but it’s not gone into my account. Nowhere on my statement. What can I do if he keeps claiming he’s paid it?
what date did the tenancy agreement start on?
it was 6th June, 2008
Ok, your Landlord is breaking the law. He doesn’t have a leg to stand on- so it’s in his best interest to make sure you receive the money.
God, I fucking hate asshole Landlords.
I’m assuming this is quite a common problem for tenants, even though it shouldn’t be, by law. Landlords shouldn’t have control over tenancy deposits.
From 6 April 2007, when a tenant pays a deposit for an assured shorthold tenancy in England or Wales, the landlord or letting agent must protect the deposit into a Government-backed tenancy deposit scheme.
The scheme was developed so disputes regarding the deposit can be moderated externally by an impartial party.
In the past there have been a high number of disputes between landlord and tenant regarding security deposits e.g. deposits were being withheld unfairly. That’s precisely why the scheme was so crucially introduced.
Landlords that fail to secure their tenant’s deposit can be taken to court and fined 3 times the deposit amount. Securing the deposit is a legal requirement, and it’s the landlord’s responsibility. If a letting agent is acting on behalf of the landlord, it is still the landlord’s responsibility to ensure it’s been secured.
So, if you entered into an assured shorthold tenancy after the 6th of April 2007, and you feel your landlord is unfairly keeping your deposit, then feel free to threaten the fool with legal action.
Taking legal action
If you want to take legal action against your Landlord over this issue, you need to go to a small claims court. All the information you need is over at the official hmcs website. Good luck!
Has anyone been in this situation, where your dickface landlord has held back deposits unfairly? I’d be interested to hear your story…
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Talk / 117 Comments left so far
Marcela wrote this on 2009-09-19 14:18:07
Thanks Jools, I think the best thing is to insist on sending the letter, not meeting him, too.
Do I have to provide him with our address as well or can I give him address of the place where I work or any other where I could pick letter from him? I just dont trust him at all and dont want him to know where I live.
Do I have to provide him with our address as well or can I give him address of the place where I work or any other where I could pick letter from him? I just dont trust him at all and dont want him to know where I live.
66
Marcela wrote this on 2009-09-19 14:54:07
I got a new text from him saying he needs my address details because he wants to send me letter first which I would give to my solicitor or legal representative. So he wants me to wait til I get a detailed letter from him.. And in addition he wil be travelling somewhere soon again so maybe I will have to deal with his business partner if we dont sort it out soon.
67
Amy wrote this on 2009-09-19 14:56:12
Hi Marcela,
If you still have it, check your original tenancy agreement, those that are filled out properly should include the landlord's address (by law).
You do not have to provide him with any forwarding or contact address by law, but you will need to be able to safely recieve correspondence from him. If you qualify for legal aid, you could find yourself a solicitor and have all correspondence go through them.
Hope this helps some,
Amy
If you still have it, check your original tenancy agreement, those that are filled out properly should include the landlord's address (by law).
You do not have to provide him with any forwarding or contact address by law, but you will need to be able to safely recieve correspondence from him. If you qualify for legal aid, you could find yourself a solicitor and have all correspondence go through them.
Hope this helps some,
Amy
68
Amy wrote this on 2009-09-19 14:58:00
Marcela,
He CANNOT insist that you deal with is business partner unless he has named them legally as his agent. Do not let yourself be forced to deal with someone new.
However, you may find this 'business partner' more reasonable, it is a gamble you are taking if you agree to deal with them.
He CANNOT insist that you deal with is business partner unless he has named them legally as his agent. Do not let yourself be forced to deal with someone new.
However, you may find this 'business partner' more reasonable, it is a gamble you are taking if you agree to deal with them.
69
Marcela wrote this on 2009-09-20 10:23:56
Hi Amy,
thank you for advice, I havent got the copy of the tenancy agreement available at the moment but as soon as I have it, I'll look for his address there. I checked our new tenancy agreement and the new landlord has got his address written in the contract, it is even in the house on the wall in case we needed to get in touch with him.
Is there by law any limit of people who can live in the house of single occupancy (I am not sure about the name) and when it becomes a shared house?
thank you for advice, I havent got the copy of the tenancy agreement available at the moment but as soon as I have it, I'll look for his address there. I checked our new tenancy agreement and the new landlord has got his address written in the contract, it is even in the house on the wall in case we needed to get in touch with him.
Is there by law any limit of people who can live in the house of single occupancy (I am not sure about the name) and when it becomes a shared house?
70
Jools wrote this on 2009-09-20 10:25:03
Marcela,
you need to take some legal advice. Find you local citizens advice centre and make an appointment to go and see them.
Jools
you need to take some legal advice. Find you local citizens advice centre and make an appointment to go and see them.
Jools
71
peter wrote this on 2009-09-21 20:21:39
Hi i was renting a flat till the 18th of Sept 2009 and now I'm having to move out i could only give my landlord 3 weeks notice due to personal reasons . i have a agreement but it was on for 6 months and i moved in on the 18th august 2007 and the landlord never give me a new agreement and i also give him £450 deposit and now hes says hes taking £100 out because i only give him 3 weeks notice . also i have read that the deposit needs to go into a Tenancy Deposit Protection Scheme he said from the start it was going into one but i never got a letter about it . and he said to me when new tenants move in i would get my deposit back -£100
Where do i stand ?
Where do i stand ?
72
Amy wrote this on 2009-09-21 20:38:28
Hi Peter,
The tenancy deposit protection scheme came into effect in April 2007, and applies to assured shorthold tenancy agreements. If a tenancy agreement is not renewed after the initial term, then it can become a periodic tenancy. The rules on periodic tenancies do differ, and I have little knowledge in this area.
I would suggest as it seems this may be the case, that you contact your local Citizens Advice, or Community Legal Advice.
I've used Community Legal Advice myself in regards to my previous landlord, and if you qualify for legal aid, they will assist you over the phone in the first instance.
Hope this helps some,
Amy
The tenancy deposit protection scheme came into effect in April 2007, and applies to assured shorthold tenancy agreements. If a tenancy agreement is not renewed after the initial term, then it can become a periodic tenancy. The rules on periodic tenancies do differ, and I have little knowledge in this area.
I would suggest as it seems this may be the case, that you contact your local Citizens Advice, or Community Legal Advice.
I've used Community Legal Advice myself in regards to my previous landlord, and if you qualify for legal aid, they will assist you over the phone in the first instance.
Hope this helps some,
Amy
73
Jools wrote this on 2009-09-22 08:53:02
Peter (and Amy),
Once an AST runs out it automatically becomes a statutory periodic tennacy. Everything that was signed for under the original AST remains the same apart from you onlly have to give the landlord one month's notice to quit whilst he/she has to give you two.
If you gave 3 weeks instead of 4 then he is entitled to keep your money until he finds someone else as it is you who is breaking the contract by not giving the correct notice. If he has said you can have your money back after he finds someone else I can't see the problem?
HOWEVER - not placing your deposit into a deposit scheme IS against the law and you can claim the deposit + 3 x the deposit in compensation. Do a google search and you will find all the data you need to persue a claim if you think you have one.
Jools
Once an AST runs out it automatically becomes a statutory periodic tennacy. Everything that was signed for under the original AST remains the same apart from you onlly have to give the landlord one month's notice to quit whilst he/she has to give you two.
If you gave 3 weeks instead of 4 then he is entitled to keep your money until he finds someone else as it is you who is breaking the contract by not giving the correct notice. If he has said you can have your money back after he finds someone else I can't see the problem?
HOWEVER - not placing your deposit into a deposit scheme IS against the law and you can claim the deposit + 3 x the deposit in compensation. Do a google search and you will find all the data you need to persue a claim if you think you have one.
Jools
74
Hannah wrote this on 2009-09-22 12:14:05
Hi I'm having problems getting my deposit back too...... So frustrating!!! Basically as moved out of the house 28 days ago and have yet to recieve a penny! We lived at the property for nearly 4 years so before the TDS were introduced. Also we never dealt directly with an agent they just advertised the property for the landlord, so all dealings were directly through the landlord and his wife, not long after they moved to America so contact with them was even more difficult they only left us an email adress!.
So wen we came to move out everything was left as it was apart from the usual wear and tear but considering we'd been there for 4 years given them no grief and never paid our rent late we pesumed everything would be ok!!!
So the landlords wife came round to the the checkout and said everything was fine apart from a few things she wanted putting right she wrote a list of the minor things signed by her and my husband dealt with these and handed the keys back, however at the time we thought it was strange she wouldn't let us sign a copy of the checkout report or the inventory. The next day she moved NEW tennents in, and then thf phone calls began everyday she called about something complaining about things shed never ever mentioned at check out or had discussed with us but had said all was fine. The phonecalls got so regular in the end I had to tell her not to call anymore and only correspond in writing from now on. So we persumed as there was nothing on the check out report that we would recieve out full deposit back, after a week we wrote to ask for it.
She then wrote a very vauge letter saying that we'd caused major damage to the property and they were doing work on the property themselves they would then deduct it from out deposit, no explaination, no recipts, no quotes no nothing! When I informed them of this the wrote back and said they would be charging us £500 for work surface we didn't damage and she blamed us for an aparent flea problem that she had to have sorted out so tried to charge us for carpet cleaning. Our cat was deflead regulary and we cleaned the carpets to the best of our ability! So we refused to pay for the carpets unless she could prove evidence and invoiceses which she still hasn't done, we have still not seen the checkout report and they are still trying to blame us for the worksurface that was damaged due to a boiler leak they took 6 mnths to fix, they are trying to say that we didn't report this but we did unfortunately only by phone when they were back in the country, we've spoken to the plumber that fitted a new boiler who can clarify this for us in writing if need be.......
Still no sign of the deposit........ Do we have a good case, I doubt unless the new tennents had noticed the work surface they would have replaced it, the worksurface wasn't new in the first place and he did all the work himself and can't provide any invoices or recipts nothing...... so how can they take £500 + the carpet cleaning off our deposit? They never ever visited the property in the 4 years we lived there nor an agent what it all boils down to is that they were the worst landlords ever!
What can we do next, do we have a good case, how do we get our Money back? In our tennency agreement it says we can go to arbitration if the dispute has not been solved in 28 days, would this be a good option?
Any thoughts advice?
Hannah
So wen we came to move out everything was left as it was apart from the usual wear and tear but considering we'd been there for 4 years given them no grief and never paid our rent late we pesumed everything would be ok!!!
So the landlords wife came round to the the checkout and said everything was fine apart from a few things she wanted putting right she wrote a list of the minor things signed by her and my husband dealt with these and handed the keys back, however at the time we thought it was strange she wouldn't let us sign a copy of the checkout report or the inventory. The next day she moved NEW tennents in, and then thf phone calls began everyday she called about something complaining about things shed never ever mentioned at check out or had discussed with us but had said all was fine. The phonecalls got so regular in the end I had to tell her not to call anymore and only correspond in writing from now on. So we persumed as there was nothing on the check out report that we would recieve out full deposit back, after a week we wrote to ask for it.
She then wrote a very vauge letter saying that we'd caused major damage to the property and they were doing work on the property themselves they would then deduct it from out deposit, no explaination, no recipts, no quotes no nothing! When I informed them of this the wrote back and said they would be charging us £500 for work surface we didn't damage and she blamed us for an aparent flea problem that she had to have sorted out so tried to charge us for carpet cleaning. Our cat was deflead regulary and we cleaned the carpets to the best of our ability! So we refused to pay for the carpets unless she could prove evidence and invoiceses which she still hasn't done, we have still not seen the checkout report and they are still trying to blame us for the worksurface that was damaged due to a boiler leak they took 6 mnths to fix, they are trying to say that we didn't report this but we did unfortunately only by phone when they were back in the country, we've spoken to the plumber that fitted a new boiler who can clarify this for us in writing if need be.......
Still no sign of the deposit........ Do we have a good case, I doubt unless the new tennents had noticed the work surface they would have replaced it, the worksurface wasn't new in the first place and he did all the work himself and can't provide any invoices or recipts nothing...... so how can they take £500 + the carpet cleaning off our deposit? They never ever visited the property in the 4 years we lived there nor an agent what it all boils down to is that they were the worst landlords ever!
What can we do next, do we have a good case, how do we get our Money back? In our tennency agreement it says we can go to arbitration if the dispute has not been solved in 28 days, would this be a good option?
Any thoughts advice?
Hannah
75
Heather wrote this on 2009-09-27 19:00:27
Hi My daughter moved out on 12/09/2009 and left the keys by mutual agreement at the property for the landlord, they were not able to attend the property on the day she moved and so was not inspected by them Her tenancy was paid unti 28/09/2009.
On 21/09/2009 the landlord asked my daughter if it was OK for a kitchen fitter to go to the house to make some modifications, she said she was happy for them to do this. To-day 27/09/2009 the landlord has contacted my daughter and informed her that there is a chip on the corner of the bath, that there is some "swelling" where the worktop meets the sink and there was issues with the maintainance of the garden - it consists of a paved area at the back and a path and small border approx 6x2feet. The landlord has quoted £395 for the repairs - which sound a bit of a "rip off". The landlord is aware that my daughter is unable to go to view this so-called damage and is treating the whole affair very badly.
I have made an appointment with the landlord to view the damage and intend to take pictures in case this has to go to court. Can anyone out there advise me if there is anything else I should do?
On 21/09/2009 the landlord asked my daughter if it was OK for a kitchen fitter to go to the house to make some modifications, she said she was happy for them to do this. To-day 27/09/2009 the landlord has contacted my daughter and informed her that there is a chip on the corner of the bath, that there is some "swelling" where the worktop meets the sink and there was issues with the maintainance of the garden - it consists of a paved area at the back and a path and small border approx 6x2feet. The landlord has quoted £395 for the repairs - which sound a bit of a "rip off". The landlord is aware that my daughter is unable to go to view this so-called damage and is treating the whole affair very badly.
I have made an appointment with the landlord to view the damage and intend to take pictures in case this has to go to court. Can anyone out there advise me if there is anything else I should do?
76
Marcela wrote this on 2009-10-04 13:20:23
Hi guys,
I wrote the letter to my exlandlord as Jools told me asking him which of the schemes he used to secure my deposit together with the reasons why he is keeping it and all the costs that he wanted to deduct.
I am still waiting for reply but as I did my own research on internet as well as emailed to Deposit protection scheme, Tenancy deposit solutions (my deposits)and Tenancy deposit scheme, none of them seems to have ever protected a deposit for me on that address.
In case that I dont get any response from him about my deposit protection, what is the best thing to do? I know there are alternative dispute services which are part of every protection scheme but I think could use these only if he secured my deposit which I am pretty sure he didnt..
Therefore, should I issue claim in the small claim court, or should it go straight to county court? I know I can issue claim on internet but seriously, going to court is one of the last things I want to do. I heard that before going to court, I should try all the other options to resolve it..but what are these options?
Does anyone have any idea how much could be all the costs if we went to small claim court and could it be resolved in one appointment?
Me and my partner are signed in the tenancy contract, although the deposit is mine, as it was paid from my account, does it then mean that we both would have to go to court? He doesnt want to have anything with it anymore, as he said he knew that we shouldnt have trusted our exlandlord and he new straight from the beginning that we would have problems with him.
Thanks for advice,
Marcela
I wrote the letter to my exlandlord as Jools told me asking him which of the schemes he used to secure my deposit together with the reasons why he is keeping it and all the costs that he wanted to deduct.
I am still waiting for reply but as I did my own research on internet as well as emailed to Deposit protection scheme, Tenancy deposit solutions (my deposits)and Tenancy deposit scheme, none of them seems to have ever protected a deposit for me on that address.
In case that I dont get any response from him about my deposit protection, what is the best thing to do? I know there are alternative dispute services which are part of every protection scheme but I think could use these only if he secured my deposit which I am pretty sure he didnt..
Therefore, should I issue claim in the small claim court, or should it go straight to county court? I know I can issue claim on internet but seriously, going to court is one of the last things I want to do. I heard that before going to court, I should try all the other options to resolve it..but what are these options?
Does anyone have any idea how much could be all the costs if we went to small claim court and could it be resolved in one appointment?
Me and my partner are signed in the tenancy contract, although the deposit is mine, as it was paid from my account, does it then mean that we both would have to go to court? He doesnt want to have anything with it anymore, as he said he knew that we shouldnt have trusted our exlandlord and he new straight from the beginning that we would have problems with him.
Thanks for advice,
Marcela
77
Sarah wrote this on 2009-10-08 11:41:42
Hi!
I need some advise.
I have been renting a 3 bed house from the same letting agent for 5 and a half years. I place a £800 deposit and paid 2 months rent in advance. For the last year i have had to get the council involved to get the landlord to do work on the house (damp, moudly windows and doors that won't open or shut properly). Now that work has been almost completed the landlord has issued me with 2 months notice(7/12/09). I have 3 kids and am 5 months pregnant with the 4th and i have a heart condition.
I asked how much of our deposit will we get back and when as we need it to secure a new house. The reply was that when we move out they would inspect it and take off for wear and tear and that they need to rip up the laminate floor we paid £400 for and replace it with carpet!! They would also need to repaint the bedrooms magnolia as we have decorated the kids rooms. They need to replace the bathroom sink which cracked when my son dropped his toothbrush in it (the contracter said i had hit it with something!!). So bacisally we will not get our deposit back!
We are just thinking that as we need to find somewhere to live and now rents have gone up we need £3200 for deposit and rent in advance, we might just not pay the rent for the next 2 months otherwise we will not be able to raise the funds needed.
Can they get away with keeping our deposit? This is not what i need at 5 months pregnant.
Don't know if you can help me with this part but if we were to stay in the property after the eviction date what would happen? Could they get away with throwing us out with 3 kids, baby on the way and a heart problem??
Thanks.
I need some advise.
I have been renting a 3 bed house from the same letting agent for 5 and a half years. I place a £800 deposit and paid 2 months rent in advance. For the last year i have had to get the council involved to get the landlord to do work on the house (damp, moudly windows and doors that won't open or shut properly). Now that work has been almost completed the landlord has issued me with 2 months notice(7/12/09). I have 3 kids and am 5 months pregnant with the 4th and i have a heart condition.
I asked how much of our deposit will we get back and when as we need it to secure a new house. The reply was that when we move out they would inspect it and take off for wear and tear and that they need to rip up the laminate floor we paid £400 for and replace it with carpet!! They would also need to repaint the bedrooms magnolia as we have decorated the kids rooms. They need to replace the bathroom sink which cracked when my son dropped his toothbrush in it (the contracter said i had hit it with something!!). So bacisally we will not get our deposit back!
We are just thinking that as we need to find somewhere to live and now rents have gone up we need £3200 for deposit and rent in advance, we might just not pay the rent for the next 2 months otherwise we will not be able to raise the funds needed.
Can they get away with keeping our deposit? This is not what i need at 5 months pregnant.
Don't know if you can help me with this part but if we were to stay in the property after the eviction date what would happen? Could they get away with throwing us out with 3 kids, baby on the way and a heart problem??
Thanks.
78
Twattybollocks wrote this on 2009-10-08 12:42:48
Sarah,
You should not be charged for wear and tear as it is normally assumed by the landlord that it will happen. Ie small dings out of paintwork, grubby walls etc. However if the kids have crayoned over the walls, the carpets are dirty/stained/marked, or things are broken then it is upto you to sort them out to the landlords satisfaction or it will be taken from your deposit. They have to be fair deductions though.
So if they try to charge you £500 for a carpet that you know you can get for £200 then they are taking the piss and you can appeal. Same with the laminate floor and the re-painting of the bed-rooms. Your AST will say that the property must be returned to the condition as it was in when you entered the agreement. If it means re-painting then so be it. The landlord has been good enough to allow you to paint but not everybody will like your choice of colours or laminate floor so it will be difficult to let if it is not 'neutral' If he has to replace the carpet/paint the room you will be charged.
Same with the sink - it is your fault (your sons fault) that the sink got broken. You need to either get someone in to replace it or it will be taken from your deposit. Not your landlords fault.
Damp and mould is more likely due to lack of ventilation of the property, and whilst the landlord is obliged to take certain measures to help prevent mould growth (ie fitting extractor fans to kitchens and bathrooms etc)with 3 kids and the amount of washing, bathing etc you also have a liability to ensure that the house is ventilated correctly. With clothes drying all the time the amount of water vapour in the air is going to be huge. Next time you could try using a de-humidifier to help prevent this. The doors not fitting may be due to the amount of water in the air causing doors to swell so that they jam and not fit when the house dries out. Again - only so much the landlord can do.
If you fail to pay the last two months rent then that is criminal - again - why should the landlord have to put up with this? Not even going to reply to your comment regarding staying in the property after the move out date (the landlord is not evicting you - he is undertaking his legal right to take back his property - please get your facts right). He can only get an eviction order under certain circumstances and only after obtaining a court order.
Whilst I appreciate your circumstances - it really is not the landlords problem is it? If you are that worried - go and speak to the citizens advice centre - I am sure they will be able to offer you some help.
TB
You should not be charged for wear and tear as it is normally assumed by the landlord that it will happen. Ie small dings out of paintwork, grubby walls etc. However if the kids have crayoned over the walls, the carpets are dirty/stained/marked, or things are broken then it is upto you to sort them out to the landlords satisfaction or it will be taken from your deposit. They have to be fair deductions though.
So if they try to charge you £500 for a carpet that you know you can get for £200 then they are taking the piss and you can appeal. Same with the laminate floor and the re-painting of the bed-rooms. Your AST will say that the property must be returned to the condition as it was in when you entered the agreement. If it means re-painting then so be it. The landlord has been good enough to allow you to paint but not everybody will like your choice of colours or laminate floor so it will be difficult to let if it is not 'neutral' If he has to replace the carpet/paint the room you will be charged.
Same with the sink - it is your fault (your sons fault) that the sink got broken. You need to either get someone in to replace it or it will be taken from your deposit. Not your landlords fault.
Damp and mould is more likely due to lack of ventilation of the property, and whilst the landlord is obliged to take certain measures to help prevent mould growth (ie fitting extractor fans to kitchens and bathrooms etc)with 3 kids and the amount of washing, bathing etc you also have a liability to ensure that the house is ventilated correctly. With clothes drying all the time the amount of water vapour in the air is going to be huge. Next time you could try using a de-humidifier to help prevent this. The doors not fitting may be due to the amount of water in the air causing doors to swell so that they jam and not fit when the house dries out. Again - only so much the landlord can do.
If you fail to pay the last two months rent then that is criminal - again - why should the landlord have to put up with this? Not even going to reply to your comment regarding staying in the property after the move out date (the landlord is not evicting you - he is undertaking his legal right to take back his property - please get your facts right). He can only get an eviction order under certain circumstances and only after obtaining a court order.
Whilst I appreciate your circumstances - it really is not the landlords problem is it? If you are that worried - go and speak to the citizens advice centre - I am sure they will be able to offer you some help.
TB
79
Kim wrote this on 2009-10-27 18:47:32
I left a property on Sept 24th and asked landlord about my deposit, he said i'd have to wait until Oct 14th (when my contract was up) then i would hear from him. Since then i have heard absolutely nothing and he won't answer my calls. I have been into my estate agents, they say that he had the deposit and there is nothing they can do. My mom has tried ringing him but we can't get in touch at all. The estate agents say they can't give me his address or home number, but refuse to write to him/go round to his to see him. I have no idea if the money is in a protected scheme. Any suggestions??
80
Marcela wrote this on 2009-11-01 19:17:39
Hello Jools and Amy,
I am sooo happy to say that in thank of your advice I managed to get major part of my deposit back (£300 from £360).
Just after the first letter sent to my exlandlord asking him where he secured my deposit and also costs he wanted to deduct from my deposit, he agreed to pay me my deposit back. Apparently, as he never answered my question about where he secured the deposit, it was easy to figure out he had never actually done it. Before I sent him the letter, I asked every protection scheme through email, if they had my deposit, of course, none of them did. I guess that is what freaked him out, knowing that he would have to pay me much more for not securing it in the government scheme (and especially knowing that I know it).
So my advice to everyone is the same like I was given, dont send text messages to your exlandlord, dont write emails, send him a letter with Recorded signed for delivery and make a copy for yourself, maybe ask someone to sign it for you as a true copy send to that person on that that and keep it for yourself just in case you need it as a proof one day.
Now, having the money and looking back, I am so proud of myself. Knowing that somone wanted to keep my money and there was only that much that I could do, was stressing me a lot. In the few moments I was thinking of letting it be (it is only £300), but it was the unfairness I felt that was pushing me further.
Before, I didnt know almost anything about my rights and landlord's responsibilities but now, after hours spent on internet searching for information and an appointment in citizens advice bureau, I feel much more confident, having more knowledge and not pleasant, but very useful experience.
Thanks again guys, take care and hopefully you will help more poeple like you helped me!
Best regards, Marcela :X
I am sooo happy to say that in thank of your advice I managed to get major part of my deposit back (£300 from £360).
Just after the first letter sent to my exlandlord asking him where he secured my deposit and also costs he wanted to deduct from my deposit, he agreed to pay me my deposit back. Apparently, as he never answered my question about where he secured the deposit, it was easy to figure out he had never actually done it. Before I sent him the letter, I asked every protection scheme through email, if they had my deposit, of course, none of them did. I guess that is what freaked him out, knowing that he would have to pay me much more for not securing it in the government scheme (and especially knowing that I know it).
So my advice to everyone is the same like I was given, dont send text messages to your exlandlord, dont write emails, send him a letter with Recorded signed for delivery and make a copy for yourself, maybe ask someone to sign it for you as a true copy send to that person on that that and keep it for yourself just in case you need it as a proof one day.
Now, having the money and looking back, I am so proud of myself. Knowing that somone wanted to keep my money and there was only that much that I could do, was stressing me a lot. In the few moments I was thinking of letting it be (it is only £300), but it was the unfairness I felt that was pushing me further.
Before, I didnt know almost anything about my rights and landlord's responsibilities but now, after hours spent on internet searching for information and an appointment in citizens advice bureau, I feel much more confident, having more knowledge and not pleasant, but very useful experience.
Thanks again guys, take care and hopefully you will help more poeple like you helped me!
Best regards, Marcela :X
81
Jools wrote this on 2009-11-01 23:11:31
Hey Marcela!
Fantastic news! See a little bit of self confidence and see what happens - really pleased you got it all sorted - now, about my fee................!!!
And for those doubters - we landlords DO help people sometimes as we are not all a bunch of W****rs!
Kindest regards,
Jools
Fantastic news! See a little bit of self confidence and see what happens - really pleased you got it all sorted - now, about my fee................!!!
And for those doubters - we landlords DO help people sometimes as we are not all a bunch of W****rs!
Kindest regards,
Jools
82
likella wrote this on 2009-11-16 17:38:44
Hi All,
I need some advice please...
I moved into a studio flat in May 2009. I got it through a letting agency, and I also signed the contract with them. The agent signed the contract on behalf of the landlord and also provided me with the LL's contact details as he would be the one managing the property. There were some minor problems with the flat initially and I tried to contact the landlord several times but with no luck and the letting agency refused to help me. I had three former tenants from the same house on my door soon after I'd moved in telling that they haven't had their deposit back and cannot contact the landlord. I decided to get out of there after the initial six months and as the period was coming to an end I tried to phone the LL again several times and then sent a letter advising that I will be moving out. In the letter I asked him to confirm that he had received it and everything is ok so I can start looking for a new flat, cancel my bills etc. He never replied and I found out that he had indeed received the letter when my flat was being advertised on letting agencies web pages! Five agencies were advertising it and they all as well as the LL failed to inform me when they were having viewings which led to many awkward situations...
The landlord has not provided me with any details about my deposit and where it's being held even though the contract states that it is under a scheme. I also know that the new tenant moved in next day after I moved out, and that the landlord did not check the property in between.
To add a bit of suffering, I thought that he had cancelled my direct debit (being a dumb foreigner I didn;t know that there was a difference between DD and standing order) because I couldn't find it in my internet bank. Three days after moving out a standing order tranferred extra months rent to his account!! I went to my bank panicking and without money and told the whole story from the beginning. The lovely bank lady left a voicemail to the LL explaining that I had accidentally paid him money and that he needs to contact the bank to sort it out. To my surprise he called me the following day (first time ever!) offering to sort out the extra months rent. I spoke to him again the next day and explained that I had no money to buy food etc and he said that he would send a cheque to my new address straight away. He also said that I'll need to send the keys and receipts of all bills to his address and then he will send me my deposit, again no mention about the deposit scheme. Three days on I haven't received anythig on post and he is not answering his phone.
Can I try to claim 3x deposit back on these grounds?
Can I also try to claim my money back on the standing order issue or do I have to pay for my stupidity?
Any advice will be much appreciated!
many thanks,
likella
I need some advice please...
I moved into a studio flat in May 2009. I got it through a letting agency, and I also signed the contract with them. The agent signed the contract on behalf of the landlord and also provided me with the LL's contact details as he would be the one managing the property. There were some minor problems with the flat initially and I tried to contact the landlord several times but with no luck and the letting agency refused to help me. I had three former tenants from the same house on my door soon after I'd moved in telling that they haven't had their deposit back and cannot contact the landlord. I decided to get out of there after the initial six months and as the period was coming to an end I tried to phone the LL again several times and then sent a letter advising that I will be moving out. In the letter I asked him to confirm that he had received it and everything is ok so I can start looking for a new flat, cancel my bills etc. He never replied and I found out that he had indeed received the letter when my flat was being advertised on letting agencies web pages! Five agencies were advertising it and they all as well as the LL failed to inform me when they were having viewings which led to many awkward situations...
The landlord has not provided me with any details about my deposit and where it's being held even though the contract states that it is under a scheme. I also know that the new tenant moved in next day after I moved out, and that the landlord did not check the property in between.
To add a bit of suffering, I thought that he had cancelled my direct debit (being a dumb foreigner I didn;t know that there was a difference between DD and standing order) because I couldn't find it in my internet bank. Three days after moving out a standing order tranferred extra months rent to his account!! I went to my bank panicking and without money and told the whole story from the beginning. The lovely bank lady left a voicemail to the LL explaining that I had accidentally paid him money and that he needs to contact the bank to sort it out. To my surprise he called me the following day (first time ever!) offering to sort out the extra months rent. I spoke to him again the next day and explained that I had no money to buy food etc and he said that he would send a cheque to my new address straight away. He also said that I'll need to send the keys and receipts of all bills to his address and then he will send me my deposit, again no mention about the deposit scheme. Three days on I haven't received anythig on post and he is not answering his phone.
Can I try to claim 3x deposit back on these grounds?
Can I also try to claim my money back on the standing order issue or do I have to pay for my stupidity?
Any advice will be much appreciated!
many thanks,
likella
83
John Smith wrote this on 2009-12-05 18:20:48
Hi......my twat of an ex landlord has not returned over half of my deposit and he did not put it ito any scheme. He however now lives in New York, can I still serve Small Claim Court papers on him at his NY address or can I serve them on the place I was renting above which his agent lives? Thanks for any help.
84
Dee wrote this on 2009-12-27 13:46:49
Hi all,
I currently live in Scotland and i am looking for som advice regarding getting my deposit back.
Brief history, i have been living in my current flat for 18 months, and approx 3 months ago i was due to be relocating from my current flat to a new one with the same landlady as i was unhappy with the standard of the flat i am currently in, the furnishings are worn and need to be replqaces, the door handle on my main door has been broken and kicked in and i have felt victimised and threatened by other people living in the same block of flats, however, a few days before i was due to moce to the other falt down the road, my landlady came around when i wasnt here to put up to let signs and she had obviously had a nosy around the proprty, as i was not expecting her to show up at the flat, i admittidly i had not cleaned top to bottom, and the place was a mess due to me packing ready to move etc and working, i had also redecorated a few months beforehand.
That evening, i recieved an email from my landlady stating that i would no longer be offered the new flat as my current flat was a mess and the redecoration was substandard (i had wallpapered two walls, one in cream and blue in the living room to keep it neutral as before it had a horrid mural painted on the wall, and the other in the spare bedroom black and silver as the room had previously been royal blue and gave me a headache, i painted the other walls white) She also said she was evicting me on the 10th Jan 2010, which was my original end of tenancy date anyway.
I argued that the flat was disorderly due the fact i lived alone, had no holidays from work and had been given a week to move into the new flat, so i had been packing stuff up as quickly as i could as well as working 45 hours a week and the flat was just untidy not dirty or anything, which she argued was irrelevent, and i agreed that i would replace the black and silver wallpaper with a neutral cream colour anredo the living room.
All of this has now been done, and i thought i would be fine.
Then i recieved an email stating the guidelines regarding the end of tenancy cleaning, which i read throuhg, and although i dont have a problem with doing all the cleaning in that flat, i pointed out to her that when i moved in the flat was in a disgusting state, marks over the walls, the sofas were dated and worn, the laminate flooring and lino was poorly fitted, thewindows were stinking and full of tape marks, the bathroom ceiling was poorly painted and flaking off, the kitchen was vile, the oven hadnt been cleaned nor had the sink, that washing machine was broken and thre was no fridge.
My mum was also a witness to this as she was the guarantor and was present when i moved and in and went thru the inventory.
My landlady has disregarded this email.
Also, my front door was kicked or hit with an object and the handle has been hanging off for approx 3 months now, it was reported to the police and the landlady took photos of it, but nothing else has been done to rectify this, and as the main entry door to the block is also faulty and does not lock this has led to me feeling insecure and unsafe in my own flat that i am still paying rent for.
My final walkthrough is on the 11th Jan, and although everything will be cleaned to a professional standard and the redecoration has been redone etc, i know that my landlady will still try to withold my depoit and i dont know where i stand, i dont want her to thinkshe can intimidate me just because i am 21 and living alone.
Do i have a case against her at all?
I currently live in Scotland and i am looking for som advice regarding getting my deposit back.
Brief history, i have been living in my current flat for 18 months, and approx 3 months ago i was due to be relocating from my current flat to a new one with the same landlady as i was unhappy with the standard of the flat i am currently in, the furnishings are worn and need to be replqaces, the door handle on my main door has been broken and kicked in and i have felt victimised and threatened by other people living in the same block of flats, however, a few days before i was due to moce to the other falt down the road, my landlady came around when i wasnt here to put up to let signs and she had obviously had a nosy around the proprty, as i was not expecting her to show up at the flat, i admittidly i had not cleaned top to bottom, and the place was a mess due to me packing ready to move etc and working, i had also redecorated a few months beforehand.
That evening, i recieved an email from my landlady stating that i would no longer be offered the new flat as my current flat was a mess and the redecoration was substandard (i had wallpapered two walls, one in cream and blue in the living room to keep it neutral as before it had a horrid mural painted on the wall, and the other in the spare bedroom black and silver as the room had previously been royal blue and gave me a headache, i painted the other walls white) She also said she was evicting me on the 10th Jan 2010, which was my original end of tenancy date anyway.
I argued that the flat was disorderly due the fact i lived alone, had no holidays from work and had been given a week to move into the new flat, so i had been packing stuff up as quickly as i could as well as working 45 hours a week and the flat was just untidy not dirty or anything, which she argued was irrelevent, and i agreed that i would replace the black and silver wallpaper with a neutral cream colour anredo the living room.
All of this has now been done, and i thought i would be fine.
Then i recieved an email stating the guidelines regarding the end of tenancy cleaning, which i read throuhg, and although i dont have a problem with doing all the cleaning in that flat, i pointed out to her that when i moved in the flat was in a disgusting state, marks over the walls, the sofas were dated and worn, the laminate flooring and lino was poorly fitted, thewindows were stinking and full of tape marks, the bathroom ceiling was poorly painted and flaking off, the kitchen was vile, the oven hadnt been cleaned nor had the sink, that washing machine was broken and thre was no fridge.
My mum was also a witness to this as she was the guarantor and was present when i moved and in and went thru the inventory.
My landlady has disregarded this email.
Also, my front door was kicked or hit with an object and the handle has been hanging off for approx 3 months now, it was reported to the police and the landlady took photos of it, but nothing else has been done to rectify this, and as the main entry door to the block is also faulty and does not lock this has led to me feeling insecure and unsafe in my own flat that i am still paying rent for.
My final walkthrough is on the 11th Jan, and although everything will be cleaned to a professional standard and the redecoration has been redone etc, i know that my landlady will still try to withold my depoit and i dont know where i stand, i dont want her to thinkshe can intimidate me just because i am 21 and living alone.
Do i have a case against her at all?
85
twattybollocks wrote this on 2009-12-27 21:38:15
Hi Dee,
The law in Scotland regarding deposits etc is i believe different to that of England and Wales as are the tenancy agreement laws so it may be a good idea to contact your local housing advice centre or advice office asap.
In England/Wales a landlord/lady cannot use the excuse of "dirty living conditions" as a a means to evict. It's your house you can so what you want as long as it is to the same standard when you move out. If you want to live in a pig sty (no offence meant) then that is your choice.
If you have broken anything after signing the inventory then you will have to replace but it is going to be very difficult for her to prove fair wear and tear if the house was manky when you moved in. BAsically if she tries to retain your deposit tell her that, if necessary, you will sue her through the small claims court (or equivalent in Scotland) as the onus was on her to get the broken items repaired that you requested.
Good luck
TB
The law in Scotland regarding deposits etc is i believe different to that of England and Wales as are the tenancy agreement laws so it may be a good idea to contact your local housing advice centre or advice office asap.
In England/Wales a landlord/lady cannot use the excuse of "dirty living conditions" as a a means to evict. It's your house you can so what you want as long as it is to the same standard when you move out. If you want to live in a pig sty (no offence meant) then that is your choice.
If you have broken anything after signing the inventory then you will have to replace but it is going to be very difficult for her to prove fair wear and tear if the house was manky when you moved in. BAsically if she tries to retain your deposit tell her that, if necessary, you will sue her through the small claims court (or equivalent in Scotland) as the onus was on her to get the broken items repaired that you requested.
Good luck
TB
86
gemma wrote this on 2010-01-16 20:06:27
hi,
i've recently moved, my ex-landlord was really nice when i lived there but due to massive condensation probs(i refuse to open windows in jan with a 1 year old daughter) and everything going mouldy causing alot of damage to my possessions i decided to move. he then started to get a bit funny with me. i was part of the rightmove bond scheme but he would not sign off the propert until i vacated, desperate to leave i paid the bond amount to the letting agents. i feel i have left the flat in reasonable condition but ive just been sent the inventory and they're being so petty! surely hair down the plughole doesnt warrant a proffessional clean of the bathroom??? the fridge was cleaned but i forgot to do the freezer,they say there are greasy deposits on the cupboards(from my flash spray!!!) and because of this the kitchen needs A proffessional clean!!!! there is a scorch mark on living room floor and if i caused genuine damage then im quite happy to pay. who decides whats petty and absurd?? i really feel like the landlord and letting agent are trying to take advantage, and seems that they are trying to claim back anything they can.where can i get some good advice on where i stand and what my rights are??? whats this scheme thingy? never heard of it before!
any advice appreciated xx
i've recently moved, my ex-landlord was really nice when i lived there but due to massive condensation probs(i refuse to open windows in jan with a 1 year old daughter) and everything going mouldy causing alot of damage to my possessions i decided to move. he then started to get a bit funny with me. i was part of the rightmove bond scheme but he would not sign off the propert until i vacated, desperate to leave i paid the bond amount to the letting agents. i feel i have left the flat in reasonable condition but ive just been sent the inventory and they're being so petty! surely hair down the plughole doesnt warrant a proffessional clean of the bathroom??? the fridge was cleaned but i forgot to do the freezer,they say there are greasy deposits on the cupboards(from my flash spray!!!) and because of this the kitchen needs A proffessional clean!!!! there is a scorch mark on living room floor and if i caused genuine damage then im quite happy to pay. who decides whats petty and absurd?? i really feel like the landlord and letting agent are trying to take advantage, and seems that they are trying to claim back anything they can.where can i get some good advice on where i stand and what my rights are??? whats this scheme thingy? never heard of it before!
any advice appreciated xx
87
GillsMan wrote this on 2010-01-16 20:14:17
Hi Gemma,
Without seeing the flat, some of the LL's demands do seem fairly reasonable. If you didn't defrost the freezer, you should expect to be charged - was it defrosted when you moved in? Was their hair in the plughole, scorch marks on the living room floor? Grease in the cupboards? You have to expect some deductions from your deposit.
However, there are rules about how much the LL can deduct. For example, if the carpet in the living room was 5 years old when you moved in, the LL couldn't charge you for a new carpet just because of the mark - they have to allow for dilapidation and things like that.
If you moved into the property after September 2007, your deposit should have been protected in a scheme. If it isn't, you can take your LL to court and sue for the entire deposit PLUS 3x the deposit (in practice, however, a LL can generally avoid paying the 3x deposit penalty by protecting it and/or returning the full deposit before you go to court).
Without seeing the flat, some of the LL's demands do seem fairly reasonable. If you didn't defrost the freezer, you should expect to be charged - was it defrosted when you moved in? Was their hair in the plughole, scorch marks on the living room floor? Grease in the cupboards? You have to expect some deductions from your deposit.
However, there are rules about how much the LL can deduct. For example, if the carpet in the living room was 5 years old when you moved in, the LL couldn't charge you for a new carpet just because of the mark - they have to allow for dilapidation and things like that.
If you moved into the property after September 2007, your deposit should have been protected in a scheme. If it isn't, you can take your LL to court and sue for the entire deposit PLUS 3x the deposit (in practice, however, a LL can generally avoid paying the 3x deposit penalty by protecting it and/or returning the full deposit before you go to court).
88
gemma wrote this on 2010-01-16 20:26:29
thanks for response! some of them are reasonable and i accept that some of the 'damage' is my responsibilty. im about to write a letter to dispute some of the claims (there is damage to the kitchen counter which i didnt do but have no proof, so ive just been on the letting agent website and there are pics of the kitchen with the damaged counter on! doesnt that just show what kind of people im dealing with? they dont even know damage that was there prev. to me!) should i just be honest and tell them what i think is petty or will i just get laughed at?
i have no idea what this scheme is! how can i find out if im on/in one?
i have no idea what this scheme is! how can i find out if im on/in one?
89
GillsMan wrote this on 2010-01-16 20:41:14
Hi Gemma,
Regarding the scheme: The agency (LA) should have given you the deposit within 14 days of you signing the tenancy agreement. When did you move into the property? The first thing I'd do is write them a letter/email asking which scheme your deposit was protected in, and follow this up with a phone call.
If they have protected it and they advise you which scheme, then you can open a dispute for the deductions and it will go to arbitration. It sounds like you have a case for some of the deductions, and you'll also be ensuring that any deductions are fair.
If they haven't protected it, take them to court and sue for the whole deposit PLUS 3x the deposit. It's highly unlikely that you'll get the 3x deposit (the LA would have to be spectacularly stupid to not protect it before the court date), but at least you'll get your whole deposit back.
Regarding the scheme: The agency (LA) should have given you the deposit within 14 days of you signing the tenancy agreement. When did you move into the property? The first thing I'd do is write them a letter/email asking which scheme your deposit was protected in, and follow this up with a phone call.
If they have protected it and they advise you which scheme, then you can open a dispute for the deductions and it will go to arbitration. It sounds like you have a case for some of the deductions, and you'll also be ensuring that any deductions are fair.
If they haven't protected it, take them to court and sue for the whole deposit PLUS 3x the deposit. It's highly unlikely that you'll get the 3x deposit (the LA would have to be spectacularly stupid to not protect it before the court date), but at least you'll get your whole deposit back.
90
Amy wrote this on 2010-01-16 20:48:33
If you've already moved out then the LA cant protect the deposit AFTER the tenancy has ended, so you would get the 3x the deposit in compensation plus the original deposit as long as the court finds that the deposit wasnt protected.
The law is very clear cut on this subject, and further information is on direct.gov under deposit protection.
The law is very clear cut on this subject, and further information is on direct.gov under deposit protection.
91
gemma wrote this on 2010-01-16 21:22:32
because im on local housing allowance i originally went with rightmove bondscheme, if youre not familiar with them they basically make an agreement with LA and/or landlord stating that they if there is any damage they are liable not the tennant. its a way of renting wothout having to stump up the bond.when i decided to move rightmove told me in order for them to help me again the ladlord would have to sign off the property stating that he would not be claiming for any damages. he would not do this so i paid my £550 bond to the letting agents, so that if there was any damage he knew that there was money there to pay. as far as i am aware the LA just put it into one of their holding accounts. would my situation make me exempt from the protection scheme???? i moved in 6.12.08 and handed in my notice exactly a year later and moved out a few weeks ago. im not bothered about the whole deposit just dont want people to take the piss and think its ok to just take peoples money willy nilly. personally i think hes annoyed coz i called enviro. health and hes been told he has to install a smoke alarm system!!
92
Amy wrote this on 2010-01-16 21:33:06
As long as the deposit is paid after 2007 it needs to be protected. You had the bond scheme, which sounds like a good one, but it doesnt fall under the deposit law as its not government approved. All deposits paid have to be in a govt approved scheme by law.
There are only 3 schemes which are govt approved, all listed on direct.gov with phone numbers etc.
Knowing that your on lha, this suggests to me that you qualify for the new version of legal aid called community legal service. They helped me when I had a problem with my landlord not protecting my bond, all for free, and over the phone. They sent me out complete notes of all the conversations and my legal standpoint on the issue, and even would have helped with the court forms had I had to go that far :)
There are only 3 schemes which are govt approved, all listed on direct.gov with phone numbers etc.
Knowing that your on lha, this suggests to me that you qualify for the new version of legal aid called community legal service. They helped me when I had a problem with my landlord not protecting my bond, all for free, and over the phone. They sent me out complete notes of all the conversations and my legal standpoint on the issue, and even would have helped with the court forms had I had to go that far :)
93
gemma wrote this on 2010-01-17 19:15:38
thanks for the advice!!! ill let you know how i get on!!
94
Klara wrote this on 2010-01-18 21:30:08
Hi,
I'm having a bit of nightmare with my ex landlady. My flatmate and I moved out of our flat on 29th August 2009, after living there for two years. Both the check in and check out inventories were performed by an external company. It turned out that my landlady hadn't paid them for the check out inventory, so after repeated requests to return the deposit we finally received the full amount in Oct/Nov (just as I was preparing to go to the Dispute Service). She later emailed us a copy of the check out inventory, and said that we owed her for some of the damage, which we disagreed with as she had not notified us in reasonable time (I think our deposit scheme says that she has to notify us that she is going to make deductions from the deposit within 10 days, and of specific amounts soon after that - I don't have our copy of the Deposit Scheme to hand).
In the last few weeks, she has begun emailing me and my flatmate again, saying that we owe her money for cleaning the carpets and some other minor issues, which obviously we disagree with, particularly because of the time that has passed since we moved out. She didn't seem to know that our deposit had been returned to us in full(but there's no way it would have been released by the holding company (Sequence UK) without her permission, which I know because I was in contact with them at the time to find out why it hadn't been released). She said that 'it was only fair' for us to give her money towards cleaning etc., and I replied saying that we would not be doing so because we had no obligation to do so, and that I disputed that the work was necessary anyway. Today she has said that she feels she has no other option but to instigate court proceedings against us.
As far as I can see, she has absolutely no legal grounding for this, but am I missing something?
Please help!
Klara
I'm having a bit of nightmare with my ex landlady. My flatmate and I moved out of our flat on 29th August 2009, after living there for two years. Both the check in and check out inventories were performed by an external company. It turned out that my landlady hadn't paid them for the check out inventory, so after repeated requests to return the deposit we finally received the full amount in Oct/Nov (just as I was preparing to go to the Dispute Service). She later emailed us a copy of the check out inventory, and said that we owed her for some of the damage, which we disagreed with as she had not notified us in reasonable time (I think our deposit scheme says that she has to notify us that she is going to make deductions from the deposit within 10 days, and of specific amounts soon after that - I don't have our copy of the Deposit Scheme to hand).
In the last few weeks, she has begun emailing me and my flatmate again, saying that we owe her money for cleaning the carpets and some other minor issues, which obviously we disagree with, particularly because of the time that has passed since we moved out. She didn't seem to know that our deposit had been returned to us in full(but there's no way it would have been released by the holding company (Sequence UK) without her permission, which I know because I was in contact with them at the time to find out why it hadn't been released). She said that 'it was only fair' for us to give her money towards cleaning etc., and I replied saying that we would not be doing so because we had no obligation to do so, and that I disputed that the work was necessary anyway. Today she has said that she feels she has no other option but to instigate court proceedings against us.
As far as I can see, she has absolutely no legal grounding for this, but am I missing something?
Please help!
Klara
95
Lisa wrote this on 2010-02-04 15:28:47
Hi all,
just wondering if you could help me out with some advice.
I'm currently living in a house which has caused me no end of problems. when i signed the contract it was signed for a proffessional houseshare however shortly afterwards 2 students moved in. causing me excessive council tax bills and trouble getting gas and electric bill money from then, let alone being kept awake until 4 in the morning and the house constantly smelling of weed.
i've made constant complaints to the letting agency who claim to have passed these on to the landlord including an actual formal written complaint. all of which have been ignored.
i've found somewhere else to live as living here is causing me no end of misery but now i'm being told that i cant move out without having to pay the rent for the rest of the contract or claim my bond back which i believe is not protected in the DPS system.
Any advice would be amazing
Thanks guys
x
just wondering if you could help me out with some advice.
I'm currently living in a house which has caused me no end of problems. when i signed the contract it was signed for a proffessional houseshare however shortly afterwards 2 students moved in. causing me excessive council tax bills and trouble getting gas and electric bill money from then, let alone being kept awake until 4 in the morning and the house constantly smelling of weed.
i've made constant complaints to the letting agency who claim to have passed these on to the landlord including an actual formal written complaint. all of which have been ignored.
i've found somewhere else to live as living here is causing me no end of misery but now i'm being told that i cant move out without having to pay the rent for the rest of the contract or claim my bond back which i believe is not protected in the DPS system.
Any advice would be amazing
Thanks guys
x
96
Jools wrote this on 2010-02-04 16:09:00
Hi Lisa:
OK - heres my take on it. If the original let was for professionals then you would have to have paid the council tax anyway so I dont understand where the issue is there.
Can't work out if you are the tenant or a live in Landlord?.
Is the letting agent a full management or tenant find only? If tenant find only then you have to deal with the landlord BUT if they are management then they have an obligation to help sort the issues.
Why is it upto you to get the money from them for the Utility bills? If a letting agency - they should be sorting out the billing for you and then dividing between the number of tenants!
Smoking weed is illegal - in the AST there should be a clause that says something like the tenant will not engage in illegal activities in the property. Contact your local councils environmental health department for advice. You could also threaten to sue the landlord for the effects of second hand smoke. Not entirely sure how the smoking ban works in shared accomodation as I ban it completely in my properties. The deposit MUST be protected somewhere within 14 days by law - and you must be informed where it is held and by which company. If it is not you can sue the landlord for 3 x the deposit amount. You should also be able to sue the landlord for the remainder of the rent if he fails to deal with your issues, and insists you pay.
Just make sure you send all the letters special delivery and keep reasonable at all times with your requests! The courts are more likely to agree in your favour if you have been consistent and reasonable and the landlord/agent has done sod all!
Let us know how you get on!
Cheers
Jools
OK - heres my take on it. If the original let was for professionals then you would have to have paid the council tax anyway so I dont understand where the issue is there.
Can't work out if you are the tenant or a live in Landlord?.
Is the letting agent a full management or tenant find only? If tenant find only then you have to deal with the landlord BUT if they are management then they have an obligation to help sort the issues.
Why is it upto you to get the money from them for the Utility bills? If a letting agency - they should be sorting out the billing for you and then dividing between the number of tenants!
Smoking weed is illegal - in the AST there should be a clause that says something like the tenant will not engage in illegal activities in the property. Contact your local councils environmental health department for advice. You could also threaten to sue the landlord for the effects of second hand smoke. Not entirely sure how the smoking ban works in shared accomodation as I ban it completely in my properties. The deposit MUST be protected somewhere within 14 days by law - and you must be informed where it is held and by which company. If it is not you can sue the landlord for 3 x the deposit amount. You should also be able to sue the landlord for the remainder of the rent if he fails to deal with your issues, and insists you pay.
Just make sure you send all the letters special delivery and keep reasonable at all times with your requests! The courts are more likely to agree in your favour if you have been consistent and reasonable and the landlord/agent has done sod all!
Let us know how you get on!
Cheers
Jools
97
eviction wrote this on 2010-02-08 19:43:53
can a landlord kick you out for no reason becouse you simply told him cooker doesnt work and your girlfriend is pregnant and he keeps turning up without asking. he said he have to be out by tomorrow.
aswer back A.S.A.P.
aswer back A.S.A.P.
98
Amy wrote this on 2010-02-08 19:50:50
Your landlord cannot ask you to leave without first serving proper notice. He also cannot turn up and make you feel forced to leave, if he continues to do this it may be classed as harassment.
If you feel this may be the case, then contact your local council and speak to the tenant relations officer, they are the experts in this situation, and they may advise you to contact the police, but this depends on the exact circumstances.
If repairs are an issue then again contact the council, I've just been through this process with my landlord and it was the housing enforcement team that dealt with it, which in my case also happened to be the tenant relations office for when we were threatened with eviction by our angry landlord.
If you feel this may be the case, then contact your local council and speak to the tenant relations officer, they are the experts in this situation, and they may advise you to contact the police, but this depends on the exact circumstances.
If repairs are an issue then again contact the council, I've just been through this process with my landlord and it was the housing enforcement team that dealt with it, which in my case also happened to be the tenant relations office for when we were threatened with eviction by our angry landlord.
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Hez wrote this on 2010-02-10 18:54:57
i went to court on this issue, the court didn't enforce the law. the landlord got away with paying only my deposit back, instead of the 3x plus the deposit as stated in the law. courts are a farce
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Blackcatgirl wrote this on 2010-02-10 19:05:39
I am taking my ex-landlord to Court 29th April for non-compliance WITHIN the duration of the tenancy. He put money into the DPS after court claim issued and after tenancy ended. DPS kept money - but its in a "suspense" account and the only way either myself or the ex-landlord can touch it is with a Court Order.
Will update after the Trial end of April. Cost me £3K in costs so far though. Not for the faint-hearted!
Will update after the Trial end of April. Cost me £3K in costs so far though. Not for the faint-hearted!
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Vikram wrote this on 2010-02-12 11:36:58
I am thinking of going to court to get back my deposit from my previous landlord. Here is my story, please tell me if I have any chances of getting back my money:
(Paid £950 as deposit and it was not protected by LL)
- Rented the property for 12 months but had to leave much sooner. Moved out after 3 months, after finding an acceptable tenant. LL did not incur any loss of income.
- On the day we moved out, LL said he will return all the deposit in 15 days. But that never happened.
- My stupidness, I forgot to cancel the SO for the rent. It got executed after I left the property. But luckily, the LL paid back the money (£950 - one months rent).
- But after this, he is refusing to pay my deposit. He is saying he has no money to pay me. He is also saying that he is shifting to Dubai and I cant do anything by going to court. But he has multiple properties here, from where he gets a rental income.
In this scenario, what are my chances if I go to court?
Thanks for reading the long post.
Vikram
(Paid £950 as deposit and it was not protected by LL)
- Rented the property for 12 months but had to leave much sooner. Moved out after 3 months, after finding an acceptable tenant. LL did not incur any loss of income.
- On the day we moved out, LL said he will return all the deposit in 15 days. But that never happened.
- My stupidness, I forgot to cancel the SO for the rent. It got executed after I left the property. But luckily, the LL paid back the money (£950 - one months rent).
- But after this, he is refusing to pay my deposit. He is saying he has no money to pay me. He is also saying that he is shifting to Dubai and I cant do anything by going to court. But he has multiple properties here, from where he gets a rental income.
In this scenario, what are my chances if I go to court?
Thanks for reading the long post.
Vikram
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Fiona wrote this on 2010-02-24 11:46:11
Hi,
I signed a 12 Month tenancy agreement on 18th Sept 2009 paying a bond of £725.00. I recieved a letter from DPS on 15th January saying that my Bond had been protected on 11th Jan 2010. The DPS Certificate stated I had signed a 6 Month tenancy agreement and that that started on 11th October which is clearly wrong. Is it possible for me to sue for 3 times by bond based on the above and the fact that the bond has now been protected even though it was over 3 months late?
Just to make you aware I have just this week handed back the keys to the property as I askedb to be released early from my tenancy and the agents have found a new tenant.
I hope someone can help me understand where i stand with the situation.
Thanks.
I signed a 12 Month tenancy agreement on 18th Sept 2009 paying a bond of £725.00. I recieved a letter from DPS on 15th January saying that my Bond had been protected on 11th Jan 2010. The DPS Certificate stated I had signed a 6 Month tenancy agreement and that that started on 11th October which is clearly wrong. Is it possible for me to sue for 3 times by bond based on the above and the fact that the bond has now been protected even though it was over 3 months late?
Just to make you aware I have just this week handed back the keys to the property as I askedb to be released early from my tenancy and the agents have found a new tenant.
I hope someone can help me understand where i stand with the situation.
Thanks.
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Lucy R wrote this on 2010-03-10 12:46:50
Hi, I am worried that I will not receive my deposit from my letting agent. The girl's room I took at the end of last year has informed me that the letting agent merely transferred the money into her account (after a lot of aggravation) rather than receiving a check from the tenancy deposit holding scheme. Which makes me suspect that my letting agent is not using it, how do I prove this and ensure that I have my deposit returned? Any advice would be appreciated thanks Lucy
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vim wrote this on 2010-03-13 00:48:52
Please Help.
I moved out of a flat three days ago,I called the Landlord to come and meet me at the flat to pick up the keys and hand over the deposit as the flat was in order.He told me he would come immediately.When he arrived at the flat he asked me to come and meet him downstairs not in the flat,I questioned him and he said he was in a hurry,i should drop the keys through the letterbox and come and collect my deposit from his car downstairs.I did not drop the keys but he thought i did,when i was walking down the stairs,as i leaved on the third floor he called again to say thank you I am leaving,he left without giving me my money,and he thought he had won because he thought i had dropped the keys through the letterbox.The next morning he went to the flat and discovered that i did not drop the keys.He called me to say I am charging you a hundred pounds for getting a new set of keys cut and I have also found several things wrong with the flat which i will right to you about.I got this flat through one of the best letting agencies (GPS lettings).The Landlord came to me one weekend and said he would cut down my rent for me by 65 pounds,he was going to tell the agency that i had moved out,then he started dealing with me directly.The deposit is 650pounds.I want my deposit back,he came to the flat downstairs and tried to con me into dropping the keys through the letter box so that he could drive of,my deposit was not protected,i moved in nov 2006.I took pictures of the flat before i left,i had a witness with me the day he came to the flat and tried to pull a fast one,i have not written to him yet,i thought i should wait for these damage charges and reciepts he is claiming.Please help.
I moved out of a flat three days ago,I called the Landlord to come and meet me at the flat to pick up the keys and hand over the deposit as the flat was in order.He told me he would come immediately.When he arrived at the flat he asked me to come and meet him downstairs not in the flat,I questioned him and he said he was in a hurry,i should drop the keys through the letterbox and come and collect my deposit from his car downstairs.I did not drop the keys but he thought i did,when i was walking down the stairs,as i leaved on the third floor he called again to say thank you I am leaving,he left without giving me my money,and he thought he had won because he thought i had dropped the keys through the letterbox.The next morning he went to the flat and discovered that i did not drop the keys.He called me to say I am charging you a hundred pounds for getting a new set of keys cut and I have also found several things wrong with the flat which i will right to you about.I got this flat through one of the best letting agencies (GPS lettings).The Landlord came to me one weekend and said he would cut down my rent for me by 65 pounds,he was going to tell the agency that i had moved out,then he started dealing with me directly.The deposit is 650pounds.I want my deposit back,he came to the flat downstairs and tried to con me into dropping the keys through the letter box so that he could drive of,my deposit was not protected,i moved in nov 2006.I took pictures of the flat before i left,i had a witness with me the day he came to the flat and tried to pull a fast one,i have not written to him yet,i thought i should wait for these damage charges and reciepts he is claiming.Please help.
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vim wrote this on 2010-03-13 09:56:43
Another thing how do i find out if my deposit was protected?I want to secure all the relevant information before i write to him,as for JOOLS,you are a star,I like the letter you drafted for Marcella!!!!!
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Lisa wrote this on 2010-04-01 19:34:27
Hello,
My landlord sent a deposit back that had less than 3/4 of what my original security deposit was. I had no living room furniture and left the apartment in great shape. During the pre inspection and final inspection my landlord told me I only would pay for shampoo of carpet and a small triangle of linoleum.
When I went to dispute the charges she said she handles nothing and that I had to speak to the corporate office. I called them and sent a dispute letter and had to call them back and am now again waiting on a response. I've read from others that the company is horrible. Even living in the apartment was bad with bugs, noisy neighbors, and people smoking weed.
Does anyone have any advice on what I should do?
My landlord sent a deposit back that had less than 3/4 of what my original security deposit was. I had no living room furniture and left the apartment in great shape. During the pre inspection and final inspection my landlord told me I only would pay for shampoo of carpet and a small triangle of linoleum.
When I went to dispute the charges she said she handles nothing and that I had to speak to the corporate office. I called them and sent a dispute letter and had to call them back and am now again waiting on a response. I've read from others that the company is horrible. Even living in the apartment was bad with bugs, noisy neighbors, and people smoking weed.
Does anyone have any advice on what I should do?
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Ria wrote this on 2010-04-07 19:45:31
Hi Guys.
Heres a unsual question. I viewed a room in a shared house. The Landlord liked me and said i could have the room. I was told to put 100 of the 300 deposit money through the letterbox of the rented house as a good will gesusture (to show good faith that i was really wanting the room) than to text to say that i have done this. I did this and texted right away. This was at 10.30 three days ago
i than next day got a text asking if i had done this i replyed yes. i than got phone call from LL saying there was no money at house. I went to house to meet with LL and one tenant was there there are 3 other ones also. We looked through the bins and appartly no one has seen it. LL were gonna ask for advice to see what we should do. Any ideas
Thanks
Heres a unsual question. I viewed a room in a shared house. The Landlord liked me and said i could have the room. I was told to put 100 of the 300 deposit money through the letterbox of the rented house as a good will gesusture (to show good faith that i was really wanting the room) than to text to say that i have done this. I did this and texted right away. This was at 10.30 three days ago
i than next day got a text asking if i had done this i replyed yes. i than got phone call from LL saying there was no money at house. I went to house to meet with LL and one tenant was there there are 3 other ones also. We looked through the bins and appartly no one has seen it. LL were gonna ask for advice to see what we should do. Any ideas
Thanks
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dot wrote this on 2010-06-02 19:32:29
Hi, I dont know if anyone can help me on this. I have recently received section 21 for my landlord. I have been to our local council for advice on this. But they only seem to be intersted in if my deposit was in a scheme. Myself and the local council have been incontact with my housing agent but with no luck all they say is that it is propected. therefore the council advised myself to ring the three schemes to see if my deposit is with them. Well I have done that and all three scheme have confirmed in e-mail that my deposit isn't with them. Can anyone tell me if the section 21 still counts and can i make a claim against my housing agent.
If anyone can advise me. I would love to hear from you all
If anyone can advise me. I would love to hear from you all
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dot wrote this on 2010-06-02 19:47:34
Sorry me again. Also I have advised them both the housing agent and my landlord that i know that if i'm not out by the day on the section 21 she then has to go to court to claim the property back from us. Since we have advised her this she has rang my partner everyday at least 3-4 times each day. We advise the council of this and they rang her about it. Since then she has rang us 3 times today my partners dad twice and his mum twice. Which this has nothing to do with them. She also told my partners mum that if we are not out on the 14th the baylifts will be on the door at 9. As she has pre booked them. Can she do this.
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Paul wrote this on 2010-06-03 11:50:11
I've been living n a property though an agent but recently taken it on (at the landlords wishes) not through the agent and just through him. Having a bit of a problem getting my deposit back. The agents say they haven't heard from my landlord regarding the return of my deposit although he says he's written to them twice. The agents now tell me it has come to their attention I am still living in the property and they can't give me my deposit back unless the landlord provides proof he has moved the deposit to another recognised scheme.
What's my next step? I've forwarded the email to my landlord but what are my rights should it turn out he can't provide proof of this?
Thanks
Paul
What's my next step? I've forwarded the email to my landlord but what are my rights should it turn out he can't provide proof of this?
Thanks
Paul
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Shane wrote this on 2010-06-16 15:51:56
OK, I am a resident in California speaking of asshole landlords this guys a real piece of work. I was lucky to get out of the year lease by agreeing to pay his property management agent $375.00 commission to find a new tennant that has good enough credit to live at the residence. The landlord informs me that he will be taking the $375.00 out of my deposit which was $750.00 so he can pay her the commission. I don't know if that's legal I feel I should be paying her directly not him through my security deposit fee. However I clean the property extremely well and the property management agent conducts the Pre-Inspection in my presence. She gave me a copy of the inventory mve out checklist sheet and said on it everything was OK and signed and dated it May 11th 2010. Now I vacated May 11th 2010 and agreed to pay rent until a new tenant was found. The landlord calls me and says they found someone he is pleased to say he will be returning me some of my deposit. I vacated May 11th I call him on June 13th asking where my deposit is and he leaves a voicemil saying i misplaced your new address please give it to me again and ill get you that deposit. Now its June 15th and I get in the mail from him. a piece of computer paper with his writing saying here are the repairs and receipts for the work I did. He hand wrote $79.00 for damages, $60.00 for gas to drive to the residence and back, $206.00 for taking 2 days off of work and what it cost to drive there and back. 30.00 to rake and haul away front of yard, $375.00 for the agents commission. He showed typed out receipt of damags fixed to include PAINTING AND PRIMING in the back porch. As well as broken garage door handle, toilet handle, and replacing light bulbs in fixtures. My question is how is it he can take the full $750.00 after the pre-inspection was done already and I passed it and got no notice of damages needing repairs until now June 16th AFTER A NEW TENANT HAS ALREADY MOVED IN? Seeking any and all advice!
-Shane
-Shane
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paul wrote this on 2010-06-25 18:30:16
My landlord has not used the security deposit scheme and I am raising a court order to force him to do this. He owns the property in the UK but lives in Australia. The contract goes through the agent (signed on his behalf by the agent)but they disown any responsibility. I do not have his home address in Australia only his place of work and date of birth. When I raise the court order (N208A Part 8 Clam Form) what do I use the address of the defendant,in this case th landlord?
All input is most appeciated as tis Landlord is a crook!
All input is most appeciated as tis Landlord is a crook!
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stacy wrote this on 2010-06-27 23:17:18
i moved into my house on 1st january 2009 i gave my landlady the deposit and advised her that by law she had to put it into the scheme, on 1st may this year(2010) she wrote me a letter giving me my 2 months notice, my local council said they cudnt help me with housing as i still had legal rights to live here as my landlady hadnt put my deposit into the scheme, when she realised this she put my deposit into the scheme and stated that my tenancy started on 25th may 2010 and the length of the tenancy was a month, where do i stand with this as obviously she is lying, i have proof my tenancy started in january last year and i also have the letter dated 1st may giving me 2 months notice.....so it looks like i moved in on the 25th may but on 1st may she gave me 2 months notice, i know shes messed up but she doesnt seem to think shes in the wrong and i think im goin to have problems with her ( sorry about the essay)
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Amy wrote this on 2010-07-10 13:39:11
I moved into my rented property nearly 10 months ago and the landlord didn't even ask for a deposit, but I said I would pay her a deposit as a good will gesture (she signed to prove it went into a deposit scheme). I even asked for an inventory and she said not to bother with one of those!!
Not long after moving in we started to have problems with these awful floor-to-ceiling mirrored sliding doors that were beginning to fall apart in the bedroom. We asked her if we could take the doors out and store them in the garage as they were a pain - but she said NO.
A few days later one of them fell on my boyfriend and smashed scattering shards of glass everywhere. We have had to dispose of this door (leaving 5 left - all of which are now in the garage, safely out of the way).
I have not told her and am hoping that she wont notice as I cannot bring myself to deal with the fact that she might (out of spite) actually get this prehistoric mirror door replaced at a rediculous charge.
Surely as she refused to do an inventory we can get away with this?
Can anyone tell me if the tenants must be present when builders come to decorate the property?
Since we moved in she has had over 10 - 15 builders in the house whilst we have been at work. I am sure she spends the whole time gassing at the neighbours house leaving the builders alone in our home with all of our expensive belongings. In the past we have always been present. Should it be us (the tenants) that are present and not her?
Not long after moving in we started to have problems with these awful floor-to-ceiling mirrored sliding doors that were beginning to fall apart in the bedroom. We asked her if we could take the doors out and store them in the garage as they were a pain - but she said NO.
A few days later one of them fell on my boyfriend and smashed scattering shards of glass everywhere. We have had to dispose of this door (leaving 5 left - all of which are now in the garage, safely out of the way).
I have not told her and am hoping that she wont notice as I cannot bring myself to deal with the fact that she might (out of spite) actually get this prehistoric mirror door replaced at a rediculous charge.
Surely as she refused to do an inventory we can get away with this?
Can anyone tell me if the tenants must be present when builders come to decorate the property?
Since we moved in she has had over 10 - 15 builders in the house whilst we have been at work. I am sure she spends the whole time gassing at the neighbours house leaving the builders alone in our home with all of our expensive belongings. In the past we have always been present. Should it be us (the tenants) that are present and not her?
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confused25 wrote this on 2010-08-09 12:26:15
Hi all,
Just wondered if anybody could help please...
I rented a house from Aug 09 to this year. The downstairs was new due to some damage from freak flooding the year below. The upstairs was the same from when the Landlord bought the property.
Durng the Winter, we noted mould on the outer Living Room wall, slightly in Bedroom 1 and quite badly in Bedroom 2. Some bits were showing on the Outer Kitchen wall. At first, it was very small bits of mould specks but after a few days it became very bad. The Landlord came to view and said to clean it which I did. Landlord also asked me to ensure good ventilation which i did. However the walls were so damp, the paint of the walls of the living room came off when i wiped the mould off. Landlord asked me to paint the wall when they wre showing prospective tenants which I did. This was a really hard task as while i was repainting the wall, the old paint would be flaking off with the new paint and the wall was clearly wet. I don't think this is sue to ventilation, i think this is a case of rising damp. The mould only came halfway up the wall of the living room.
I also cleaned the bedrooms of the mould, but over time specks of the mould reappear. I cleaned when o noticed and obviously i throughly cleaned where I could before the Landlord showed new tenants around. The landlord had new tenants straightaway and so obviously they were impressed with the house as it was when i was living in it.
I have since had an email with pictures showing bits of mould, some I know where they are and it has grown back from when i cleaned it, others i cannot tell where she has taken them which shows mould. One picture i can tell is from the kitchen which does show a bad patch, i think it was where the oven hood was - am i expected to move a kitchen fixture like that to clean behind it?
Does mould constitute more than beyond normal wear and tear even though i did all I could to maintain it while i was there? Was this something the Landlord should have been keeping check of? Is mould a good enough reason to keep my deposit?
Just wondered if anybody could help please...
I rented a house from Aug 09 to this year. The downstairs was new due to some damage from freak flooding the year below. The upstairs was the same from when the Landlord bought the property.
Durng the Winter, we noted mould on the outer Living Room wall, slightly in Bedroom 1 and quite badly in Bedroom 2. Some bits were showing on the Outer Kitchen wall. At first, it was very small bits of mould specks but after a few days it became very bad. The Landlord came to view and said to clean it which I did. Landlord also asked me to ensure good ventilation which i did. However the walls were so damp, the paint of the walls of the living room came off when i wiped the mould off. Landlord asked me to paint the wall when they wre showing prospective tenants which I did. This was a really hard task as while i was repainting the wall, the old paint would be flaking off with the new paint and the wall was clearly wet. I don't think this is sue to ventilation, i think this is a case of rising damp. The mould only came halfway up the wall of the living room.
I also cleaned the bedrooms of the mould, but over time specks of the mould reappear. I cleaned when o noticed and obviously i throughly cleaned where I could before the Landlord showed new tenants around. The landlord had new tenants straightaway and so obviously they were impressed with the house as it was when i was living in it.
I have since had an email with pictures showing bits of mould, some I know where they are and it has grown back from when i cleaned it, others i cannot tell where she has taken them which shows mould. One picture i can tell is from the kitchen which does show a bad patch, i think it was where the oven hood was - am i expected to move a kitchen fixture like that to clean behind it?
Does mould constitute more than beyond normal wear and tear even though i did all I could to maintain it while i was there? Was this something the Landlord should have been keeping check of? Is mould a good enough reason to keep my deposit?
116
Sinead wrote this on 2010-08-10 16:10:23
Kinda lost hope on this matter but maybe somebody can help as I really need the money now!
In June last year (2009) I found a room to rent in Golders Green and signed a contract/paid a deposit (£960.00) to hold the room until I intended to move in to the flat in July.
The week before I was supposed to move in the landlady phoned me from France to say she was ill (cancer) and had gone home for treatment but would be back to give me the keys. That never happened and neither did the promises for weeks after that she would get the keys to me (I was staying on a friends floor at this stage). After 3 weeks I said I could not wait any longer and asked for my money back. She said she would send it and that didn’t happen either. Then her sister got involved and said the landlady was now in a coma from her cancer treatment (i know it sounds really dodgy) and she couldn’t send the money either but would try to get power of attorney over her sister money to send it. This has gone on for months and months with dates promised for it to be returned and I still don’t have my money returned. And in the last few months they have stopped getting back to my calls.
I have gone back to the flat and there is someone else living there but say they know nothing of the landlady - maybe they do but just wont discuss it with me.
It is extremely frustrating as I had to fork out another deposit for a different room and am out of money for the original deposit and all the phone contact with these people and it is going round in circles.
Can somone please advise on legally where I stand and what would be the best action at this stage? Is it a lost cause at this stage - a year later.
Many thanks for your time.
Sinéad
In June last year (2009) I found a room to rent in Golders Green and signed a contract/paid a deposit (£960.00) to hold the room until I intended to move in to the flat in July.
The week before I was supposed to move in the landlady phoned me from France to say she was ill (cancer) and had gone home for treatment but would be back to give me the keys. That never happened and neither did the promises for weeks after that she would get the keys to me (I was staying on a friends floor at this stage). After 3 weeks I said I could not wait any longer and asked for my money back. She said she would send it and that didn’t happen either. Then her sister got involved and said the landlady was now in a coma from her cancer treatment (i know it sounds really dodgy) and she couldn’t send the money either but would try to get power of attorney over her sister money to send it. This has gone on for months and months with dates promised for it to be returned and I still don’t have my money returned. And in the last few months they have stopped getting back to my calls.
I have gone back to the flat and there is someone else living there but say they know nothing of the landlady - maybe they do but just wont discuss it with me.
It is extremely frustrating as I had to fork out another deposit for a different room and am out of money for the original deposit and all the phone contact with these people and it is going round in circles.
Can somone please advise on legally where I stand and what would be the best action at this stage? Is it a lost cause at this stage - a year later.
Many thanks for your time.
Sinéad
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I initially started this website because I wanted to document my every step from property idiot to property landlord,
in hope that people would find my site and help me along the way. I literally didn't have a clue about being a landlord
when I started this website.