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What's the worst that can happen now?
top_drawer_2
Posts: 2,469 Forumite
hello,
I lived in a rented property for around 6 months, there were endless problems and I gave notice. The bank messed up the final rent payment and it didnt go out of my a/c. My LL then demanded £55 as a "late payment" fee and so I decided to move out sooner than I wanted and let him keep the deposit (equal to a months rent) and tell him to whistle for anything else. I sent the keys back to his home address via registered/recorded delivery.
He has rung me on seveal occassions demanding his money. I am worried what else he could do?
If he went to small claims court what would happen? would it be worth it?
Please dont be too harsh as I already know "doing a bunk" is really not good.
Thanks
Jen
I lived in a rented property for around 6 months, there were endless problems and I gave notice. The bank messed up the final rent payment and it didnt go out of my a/c. My LL then demanded £55 as a "late payment" fee and so I decided to move out sooner than I wanted and let him keep the deposit (equal to a months rent) and tell him to whistle for anything else. I sent the keys back to his home address via registered/recorded delivery.
He has rung me on seveal occassions demanding his money. I am worried what else he could do?
If he went to small claims court what would happen? would it be worth it?
Please dont be too harsh as I already know "doing a bunk" is really not good.
Thanks
Jen
0
Comments
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Providing the property is in good condition then I doubt he'll take it further as it will start to cost him to persue you..... I've no experience in this, just a view!0
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hi,
I hope so ...
I left the property/room in as good condition as it was when I left ... however there was no inventory in the contract and I took no photo's to prove what I said.
Jen0 -
No inventory - no comebackIf you've have not made a mistake, you've made nothing0
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apart from the missed rentBankruptcy isn't the worst that can happen to you. The worst that can happen is your forced to live the rest of your life in abject poverty trying to repay the debts.0
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LL has kept deposit in lieu if last month's rent - that's how I read it?!
Not an ideal situation, but I wouldn't worry too much as he had no inventory.0 -
LL has kept deposit in lieu if last month's rent - that's how I read it?!
yes, thats correct.
Jen0 -
The landlord could take you to the small claims court for outstanding rent. If he did this and did not return your deposit, you could countersue for its return. As long as the 6 month tenancy started after Apri 2007, the landlord should have kept it in a tenancy deposit scheme. If he did not, then you would be within your rights to put in a claim for the return of the deposit and three times its value as compensation.
If you advise the landlord of the above, he may decide not to pursue you further."I've fallen down a hole" - said in best Monty Python voice-over.0 -
hi,
No he didnt put it in a tds...
I guess I will have to wait and see if he starts any proceedings and then that will be my response. He has no idea where I am living (although he may find out by foul means) so would that make it any harder for him.
Jen0 -
He can't demand a late payment fee of £55. Even if this is included in your tenancy agreement, I doubt it would be seen as a fair term.
Without registering your deposit, he isn't going to take you to court.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
As silvercar has said, the "late fee" is not legal under the Unfair Contract Terms Act 1977.
Such a fee bears no relationship to his actual losses caused by your payment being late, so is a penalty. Which is illegal under the above Act (same principle as bank charges, discussed extensively on this site elsewhere).
At best/worst he might be able to charge interest (but normally only if this is specified in the lease).0
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