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  • FIRST POST
    • billyrenter
    • By billyrenter 19th Jun 17, 2:31 PM
    • 3Posts
    • 0Thanks
    billyrenter
    Tenancy Deposit
    • #1
    • 19th Jun 17, 2:31 PM
    Tenancy Deposit 19th Jun 17 at 2:31 PM
    Hi Guys,


    Essentially, I'm having a bit of a nightmare with my (ex)landlord. To cut a long story short, I believe they never placed my deposit into a deposit protection scheme. I've tried looking online and there are a few side issues which means that advice doesn't exactly apply to us.


    Before you ask, yes, I have checked with the three main deposit protection schemes and there is no agreement in our name. They also informed me that any agreement should have the same details as those on the tenancy agreement. I only mentioned this because I have two main issues:


    1) The landlord claims that the deposit has been protected since 2014, even though I moved in during 2016, because he is suggesting that it is in the "lead" tenant's name (who is one of the people I lived with). When I moved in 2016, there was a brand new contract drawn up with my details on it (plus the old tenant who was staying in the flat).


    2) I paid my half of the deposit to the other person moving out rather than to the landlord as the landlord suggested this would make admin easier. Would this make it an issue? E.g. can they claim that I took "charge" over the old tenant's portion of the deposit so they didn't have to start a new dps agreement.


    Emotional back-story:


    I am looking to take my ex landlord to court. They have been withholding the deposit now for 19 days since the end of the tenancy and when I asked for the deposit back. They have been delaying because they wanted the bed removed (we didn't add this bed...) and we refused. There was also no inventory check completed when we moved in so they would not be able to deduct anything from the deposit (we've already paid for a professional clean). This was the worst renting experience of my life, but I still gave the landlord several chances to return the deposit and we would walk away. We have also booked a free pick up of the bed for the landlord which is in a few weeks. They have continued to be extremely rude in emails and are generally an extremely unsympathetic person who looks to take advantage of people.


    If anyone has any advice on this or can point me in the direction of a legal advisor, that would be great.


Page 1
    • elverson
    • By elverson 19th Jun 17, 2:48 PM
    • 642 Posts
    • 385 Thanks
    elverson
    • #2
    • 19th Jun 17, 2:48 PM
    • #2
    • 19th Jun 17, 2:48 PM
    Did the landlord live in the flat with you?

    Did you sign your own contract between you and the landlord before you moved in?
    • Guest101
    • By Guest101 19th Jun 17, 2:49 PM
    • 14,640 Posts
    • 14,394 Thanks
    Guest101
    • #3
    • 19th Jun 17, 2:49 PM
    • #3
    • 19th Jun 17, 2:49 PM
    Hi Guys,


    Essentially, I'm having a bit of a nightmare with my (ex)landlord. To cut a long story short, I believe they never placed my deposit into a deposit protection scheme. I've tried looking online and there are a few side issues which means that advice doesn't exactly apply to us. - What issues? the two below or something else


    Before you ask, yes, I have checked with the three main deposit protection schemes and there is no agreement in our name. They also informed me that any agreement should have the same details as those on the tenancy agreement. I only mentioned this because I have two main issues:


    1) The landlord claims that the deposit has been protected since 2014, even though I moved in during 2016, because he is suggesting that it is in the "lead" tenant's name (who is one of the people I lived with). When I moved in 2016, there was a brand new contract drawn up with my details on it (plus the old tenant who was staying in the flat). - Ok.


    2) I paid my half of the deposit to the other person moving out rather than to the landlord as the landlord suggested this would make admin easier. - Well it would for him. You never paid the landlord a deposit. So he doesn't have anything to protect from you Would this make it an issue? E.g. can they claim that I took "charge" over the old tenant's portion of the deposit so they didn't have to start a new dps agreement. - possibly. It's more likely that you cant claim your deposit at all, as you never paid one


    Emotional back-story:


    I am looking to take my ex landlord to court. They have been withholding the deposit now for 19 days since the end of the tenancy and when I asked for the deposit back. They have been delaying because they wanted the bed removed (we didn't add this bed...) - Who did? and we refused. There was also no inventory check completed when we moved in so they would not be able to deduct anything from the deposit - that's not true (we've already paid for a professional clean). This was the worst renting experience of my life, but I still gave the landlord several chances to return the deposit and we would walk away. We have also booked a free pick up of the bed for the landlord which is in a few weeks. They have continued to be extremely rude in emails and are generally an extremely unsympathetic person who looks to take advantage of people.


    If anyone has any advice on this or can point me in the direction of a legal advisor, that would be great.


    Originally posted by billyrenter


    The situation is complicated, but ultimately a Money Claims Online claim would possibly mean the LL just refunds it
    • billyrenter
    • By billyrenter 19th Jun 17, 3:51 PM
    • 3 Posts
    • 0 Thanks
    billyrenter
    • #4
    • 19th Jun 17, 3:51 PM
    • #4
    • 19th Jun 17, 3:51 PM
    Did the landlord live in the flat with you?

    Did you sign your own contract between you and the landlord before you moved in?
    Originally posted by elverson

    - no, they didn't live there with us


    - yes, there was a new contract in place between us and the landlord - inc. the other tenant.
    • billyrenter
    • By billyrenter 19th Jun 17, 3:58 PM
    • 3 Posts
    • 0 Thanks
    billyrenter
    • #5
    • 19th Jun 17, 3:58 PM
    • #5
    • 19th Jun 17, 3:58 PM
    @guest101


    - Just the two main issues below. (there are other issues such as the LL leaving half the sockets broken in the flat and kept delaying fixing them, but these are irrelevant at this stage).


    - the previous tenants left the bed when they moved out. We had no idea we were taking responsibility of the bed.
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