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  • FIRST POST
    • Svont
    • By Svont 6th Jul 17, 4:42 PM
    • 18Posts
    • 0Thanks
    Svont
    Landlord had me under a lodgers agreement but, I was a tenant!!!!!!!!!!
    • #1
    • 6th Jul 17, 4:42 PM
    Landlord had me under a lodgers agreement but, I was a tenant!!!!!!!!!! 6th Jul 17 at 4:42 PM
    I rented a one bedroom flat from a 'live out landlord' who gave me a lodgers agreement (I found the flat on spareroom & at the time just assumed this was there standard model of contract as it said spareroom at the top of agreement). The agreement is an excluded licence which was obviously for a lodger who lives in a property with the owner which I did not. The landlord refused to give me my deposit back on my move out date & has blocked me since the 30th. What can I do? Some solicitors don't want to touch my case because I have an excluded licence but, my landlord has broken the law surely? Has he set this agreement up also to avoid declaring his full income as he is falsely stating it is from a lodger? He wanted cash payments from me and then got angry when I said I wanted to pay them via the bank he agreed in the end but, not smoothly.
Page 2
    • stator
    • By stator 7th Jul 17, 12:45 AM
    • 5,732 Posts
    • 3,710 Thanks
    stator
    Write a letter before action and get proof of postage. If he doesn't reply take him to court.
    Don't over complicate things with your life story. Keep it short and sweet and full of facts only.
    Changing the world, one sarcastic comment at a time.
    • Svont
    • By Svont 7th Jul 17, 11:08 AM
    • 18 Posts
    • 0 Thanks
    Svont
    I didn't realize until now that it was a lodgers agreement...and he never lived with me as he put himself down as a live out landlord as he was renting out 4 individual flats.
    • Svont
    • By Svont 7th Jul 17, 11:09 AM
    • 18 Posts
    • 0 Thanks
    Svont
    He didn't live with me - I lived in the flat with me and my son.
    • Svont
    • By Svont 7th Jul 17, 11:10 AM
    • 18 Posts
    • 0 Thanks
    Svont
    Yes every solicitor has denied helping me.
    • Svont
    • By Svont 7th Jul 17, 11:11 AM
    • 18 Posts
    • 0 Thanks
    Svont
    I have sent him various emails and texts do I still have to do the letter?
    • Guest101
    • By Guest101 7th Jul 17, 11:22 AM
    • 14,643 Posts
    • 14,394 Thanks
    Guest101
    I have sent him various emails and texts do I still have to do the letter?
    Originally posted by Svont
    Yes! There's a reason people have said it numerous times
    • Svont
    • By Svont 7th Jul 17, 11:24 AM
    • 18 Posts
    • 0 Thanks
    Svont
    Yes but, I don't not have his address???
    • Svont
    • By Svont 7th Jul 17, 11:29 AM
    • 18 Posts
    • 0 Thanks
    Svont
    You know I am not stupid and I understand people have said send the letter but, I only have the address of his garage he owns - do I send it there ? I work full time with epilepsy and a small child - I moved quickly as I had no home at the time due to a separation and maybe it was naively rushed on my part to except this place on spareroom (i thought landlords would be vetted on a site so big) but, we needed a place to go and the council would not help as I had always privately rented. I just started a job and that deposit he is keeping came out of me saving my first two wages up and not spending anything except for bills. I wanted a solicitor because i need to win this and not let him scam me these landlords can't be free to do this to people.
    • AdrianC
    • By AdrianC 7th Jul 17, 11:35 AM
    • 14,804 Posts
    • 13,154 Thanks
    AdrianC
    You have a legal right to know the postal address of your landlord. Without it, you can't do anything very much at all, legally speaking.
    http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/
    • Pixie5740
    • By Pixie5740 7th Jul 17, 11:35 AM
    • 10,784 Posts
    • 14,901 Thanks
    Pixie5740
    Check the Land Registry to find out who owns the property. That might give you the landlord's address.

    You don't need a solicitor to file a money claim online but if you are finding that this whole situation is too much for you to deal with then I recommend you contact Shelter for advice.

    https://www.moneyclaim.gov.uk/web/mcol/welcome

    https://england.shelter.org.uk
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • breaking_free
    • By breaking_free 7th Jul 17, 11:36 AM
    • 302 Posts
    • 561 Thanks
    breaking_free
    I think it's time for a spoon feeding response as the OP is clearly getting anxious and needs step by step assistance. It's not in my ability to write an example 'Letter before action' for her, but perhaps another poster could do it if they're feeling generous?

    If you have no address other than the garage that he owns then yes, send your letter there.
    "The problem with internet quotes is that you cant always depend on their accuracy" - Abraham Lincoln, 1864
    • Svont
    • By Svont 7th Jul 17, 11:37 AM
    • 18 Posts
    • 0 Thanks
    Svont
    Thank you so much for letting me know this. His garages are on the same road he lives on I just don't know his actual door numbers.
    • Guest101
    • By Guest101 7th Jul 17, 11:49 AM
    • 14,643 Posts
    • 14,394 Thanks
    Guest101
    I think it's time for a spoon feeding response as the OP is clearly getting anxious and needs step by step assistance. It's not in my ability to write an example 'Letter before action' for her, but perhaps another poster could do it if they're feeling generous?

    If you have no address other than the garage that he owns then yes, send your letter there.
    Originally posted by breaking_free


    Letter before action


    Dear X


    Please note this letter outlines my claim and fulfils my obligation under pre-action protocols.


    I am claiming £X for failure to return my deposit, in relation to my tenancy at <Address> from <Date> to <Date>.


    Please be aware you have also failed to protect my deposit, as required by law, in any approved scheme. I therefore also reserve the right o make a claim for this.


    To stop further action, please pay £X (or £X + 1x the deposit amount) with-in 14 days of receipt of this letter. Please note receipt is considered two days after posting, therefore if I don't here from you by <date> further action may be taken with no further communication.


    This settlement offer is made without prejudice.


    <payment details>


    Regards
    • Svont
    • By Svont 7th Jul 17, 11:51 AM
    • 18 Posts
    • 0 Thanks
    Svont
    It's not about being spoon fed - I want to know I will get my money back and yes I am getting a little anxious but, that's okay it's not a nice situation. I just wanted people to be able to advice me on the best situation to take and I suppose it's me in a small claims court.
    • DoaM
    • By DoaM 7th Jul 17, 11:53 AM
    • 3,032 Posts
    • 3,086 Thanks
    DoaM
    It's an LBA first ... in many cases that will kick the other party into action as they then realise you're serious.

    If no outcome from the LBA then start small claims action. Google MCOL for more info.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • aneary
    • By aneary 7th Jul 17, 11:53 AM
    • 429 Posts
    • 308 Thanks
    aneary
    You know I am not stupid and I understand people have said send the letter but, I only have the address of his garage he owns - do I send it there ? I work full time with epilepsy and a small child - I moved quickly as I had no home at the time due to a separation and maybe it was naively rushed on my part to except this place on spareroom (i thought landlords would be vetted on a site so big) but, we needed a place to go and the council would not help as I had always privately rented. I just started a job and that deposit he is keeping came out of me saving my first two wages up and not spending anything except for bills. I wanted a solicitor because i need to win this and not let him scam me these landlords can't be free to do this to people.
    Originally posted by Svont
    You do not need a solicitor, you will not be able to claim back solicitors costs if you win.

    Write a letter before action to the address he supplied on your agreement if there wasn't an address send it to the garage if it accepts post. There should be some template letters on Shelter use one regarding the deposit protection (make sure you physically check all three sites for protection it's a requirement)

    If he responds and gives you your deposit back great if not you go to court.

    If you have to go to court you fill in an online form you state when you moved in, when you moved out, the notice you gave etc. You then say you have checked all sites and your deposit wasn't protected.

    On the court day take a friend write down everything so you have notes it'll be a short proceeding you win because he did not protect the deposit simples.
    • Caroline_a
    • By Caroline_a 7th Jul 17, 12:09 PM
    • 3,855 Posts
    • 10,634 Thanks
    Caroline_a
    Great template letter from Guest. Use that, sit back and see what happens. Come back if you hear nothing prior to the date you give him to respond (a month?) and people will help with your court application.
    • Svont
    • By Svont 7th Jul 17, 12:45 PM
    • 18 Posts
    • 0 Thanks
    Svont
    What is the LBA? Local Borough Authority?
    • AdrianC
    • By AdrianC 7th Jul 17, 12:46 PM
    • 14,804 Posts
    • 13,154 Thanks
    AdrianC
    LBA = Letter Before Action.
    • Rambosmum
    • By Rambosmum 7th Jul 17, 12:55 PM
    • 1,396 Posts
    • 1,848 Thanks
    Rambosmum
    It's not about spoon feeding you because we think you are stupid, we don't. We appreciate you have a very stressful situation which can make it difficult to work out to do - been there!

    So,

    1) write the letter as advised by Guest 101 (use that specific legal wording). Make sure your current address is on the letter (as well as the rented address in the relevant bit) - post it at a post office and ask for proof of postage, or get it tracked. Send it to the garages if you don't have his address.
    2) wait 14 days.
    3) if you have your money back, great, if not - small claims court. Come back to us for advice on how to fill in the forms if you need it.

    As other have said. It doesn't matter whether he gave you a lodger agreement/ blank paper or nothing. You had a tenancy. You lived in a flat by yourself, where your landlord lived separately and you paid him money for that. That, legally is a tenancy. You do not need a formal, written tenancy agreement for that to be the case.

    Good luck.
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