landlord deposit problem

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  • 9 weeks ago my landlady gave me notice to quit due to a change in her family circumstances.


    Up to this point alls been great, but then when I ask about depositit she says because of a stain in the carpet and because the council pay in arrears she'll have to keep the


    whole lot of £600 !


    I'm in desperate need of every single penny.


    I'm going to ask council for copy of payment statements because rent was paid direct.


    And bingo, right in the middle of writing this I get a call that my dads

  • Had a fall.


    I can't get there because some greedy landlady is withholding.


    What do I do? Fuel light been on a while and I've got £11.73, so no way am I going to get 180 miles out of this vehicle on that amount of money.
    I'm stuck for 8 days till I get paid.

  • With regards to the rent. When did you move in? If you moved in after 6 April 2007 then your deposit should be held in a government approved tenancy deposit scheme.


    If it isn't then she's been very naughty- in which case I'd let her know that she's in the wrong- that should help get your money back.


    If it is in the scheme, then there are official avenues for you to open a dispute if you feel the charges are unreasonable.


    - - - Updated - - -


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

  • I took my ex landlord to court a few months ago as he didn't pay me back my deposit. He wanted to keep most of it for no valid reason and we couldn't agree on a compromise so I took him to court and won. If you can call it that. If you need any advice, fire away.


    Hope your dad is ok.

  • If you're still living there, and she hasn't use the deposit scheme r3ubs mentioned, shop her for it asap while you're still there as you will find it much easier getting the money back and you will also potentially get much more back than the deposit.

  • Thanks for the advice, ill be calling the council first thing.


    My dad is bruised, no broken bones thank the gods.


    Getting my head down early tonight.

  • I had this problem once.


    Ask about the deposit scheme. It has to be in one otherwise she will end up having to pay you back up to 3 times as much as the deposit if you take her to court.


    Ask for a full break down of the problems with the house. You are allowed things for wear and tear which can cover a lot of things depending on how you long you have lived there. Ask for photographic evidence of before and after for any problem she sites. Ask for a break down of costs to replace/fix. She just cant claim a stain is going to cost her £600.
    In the end the landlord had to pay me back £490 of the £500 he was planning on keeping :-)

  • With the deposit scheme you only get up to 3 times as much if you're still living there. My ex landlord didn't put mine in one and we got the deposit back, eventually, but as we had left his property we only got back what he owed us plus our court costs. So do it asap if it's not in one and you're still there!


    Glad your dad isn't too badly hurt.

  • Thanks folks,


    Spoke with council, and when they learnt I had a CPN they promised me they would deal with it because of my past and they know how far I've come.


    It's nice, for once, having the authoritys on my side.


    Some numpty called the police to report me, thankfully they where ok, but I expect them back.


    On a lighter note, my dad is home after x rays, and was joking in his usual way... Turns out the cat did it, at the foot of the stairs, with his tail...

  • Good news about you getting some help with the landlord


    Even better news about your dad.
    I was going for Colonel Mustard, in the library, with a candle stick though.


    Best wishes to you both
    Rich

  • Good news about your dad Coder


    Re the deposit, if she hasn't dealt with the deposit as she should have by law then most likely the inventory and alleged stain in the carpet wont wash if you need to take it further and you should get the lot back. Be interesting if the authorities get involved if the HMRC get involved.


    Ian

  • I had to waite 2 months to get my £700 bond back , with the help of a solicitor 2 yrs ago .
    Letting agency , {Even shook my hand when i left , told me any time i wanted a referance or another place to live no problem , just get in touch ,


    Yep there realy cool dudes ,i think not .

  • Thanks guys.
    The council said she could face sanctions, the first sanction would be around 2 to 3 times the deposit, and a second sanction would follow, where the council would dock up to 60% of any rent for about a year.


    She is also one of the ' give a reference ' type.
    Got a call with shelter tomorrow, they may take landlady to court on my behalf...

  • Lovely to read that the Council have been helpful and even better to hear that your dad is ok after his fall... Its annoying to think that these people feel they have the right to take advantage of their tenants.... We were lucky enough to have been warned about a letting firm doing this when we moved into our first flat - because of the warning and the fact I am super paranoid and suspicious of everyone we went through and took pictures of everything ourselves when moving in and out.... They didnt stand a chance and we got back every penny :pp A win to the little guy!

  • Its a pity that there isnt a web site set up Nationally or in a particular area that people can name and shame letting agencies or individual land lords of there past behaviour .


    I use the word shame ,though i think some are very thick skinned ,so this wouldnt matter to them .


    But it mite hopefully put a tenant on guard and pre prepared to know what type of game there playing when the {the tenant } gives notice .


    Such as take photos yourself when you move in ,{these pics being dated } .
    Just to show a Court in the future if there needed .


    And maybe withholding rent ,telling the landlord to keep your Bond ,and just working out your time with the withheld rent .


    Then when you leave ,no one owes anyone .


  • If she has given you notice then she needs to make sure that she registered your deposit. Do you know if it was a section 21 notice or not? If it was then she cannot evict you based on this notice she needs to make that the deposit that you gave her was registered within 30 days.


    You can find information here in regards to the notice that she served you www.landlordangel.co.uk/what-section-21-notice

  • If she has given you notice then she needs to make sure that she registered your deposit. Do you know if it was a section 21 notice or not? If it was then she cannot evict you based on this notice she needs to make that the deposit that you gave her was registered within 30 days.


    You can find information here in regards to the notice that she served you www.landlordangel.co.uk/what-section-21-notice


    Thanks for the link, this is STILL an on going issue, and my patience has expired.
    Shelter have passed me onto help with legal aid so any day this week landlady Will receive a solicitors letter.


    If that that fails then I'll be stripping the roof.
    I'm taking a stand against greedy landlords.

  • I had the same problem with my landlady, eventually i won, the deposit wasn't in a scheme, so i ended up with her paying me £1200, and i knocked on when her new tenants moved in to give them a heads up too.. good luck stickin it to the man :) its worth the fight..