landlord says i never paid a deposit- help

x__Indigo_x

Hi all

i moved into this property in may 2010 . I have no contract as originally i thought id stay 3 months and he said ' her solicitor could only draw up 6 month contracts plus'. so we agreed i would simply let her know a month before that i wanted to move. ( i know this is dodgy but it benefited me and my question isnt about this part really)

before i moved in i met with the landlord where i paid the first months rent in advance in cash and the deposit.(he text me in advance and asked for cash) I said i didnt mind as long as i got a reciept - which i have which says the full amount paid and is signed/dated by him

all was fine, i emailed him to give my notice to move out in may 2011 . she is now saying that i paid him a deposit as a cheque and she never cashed it as he lost it:mad:

what rights have i got,,,, he says i paid in cheque im sure i paid via cash . he agrees i paid the rent amount in cash but says i paid the deposit via cheque and he ' forgot to cash it in' and then didnt say anything about it till now.:mad:


Hellpppp I DONT know what to do , i dont want to start argueing with him but im worried what could happen.:o I know i have no rights in terms of he could tell me to leave at any time cos there is no contract but what about this money ive paid.

i have done no damage at all to my room so the only thing i could be deducted for was small costs ie breaking cups/plates ( furnished house)

paulmx3

you have a receipt so surely not your problem with regards payment,,,you have something that shows you paid.can you also back it up with a similar withdrawel from your bank account around the same time.

PasturesNew

Was the deposit put into a scheme? It legally has to be put into a scheme and you have to have been advised which scheme within 14 days .... else you can claim 3x the deposit from the landlord.

So, it doesn't sound like it is in a scheme, so you're back in the winning seat. Find out about the Deposit Schemes and the law and hit the LL with that.

GavB79

Who is the he and she in this? You keep switching between the two. Were you house-sharing?
You not having a contract is everything! No inventory, no deposit protection scheme? I don't see a way out of this, it's your word against his/hers.

paulmx3

PasturesNew wrote: »

So, it doesn't sound like it is in a scheme, so you're back in the winning seat. Find out about the Deposit Schemes and the law and hit the LL with that.

but,only after you have left ;-)

McKneff

Just to be sure, go through your cheque stubs, if its not there he's telling porkies, if it is on a stub, then go through your bank statement
and see if it has been cashed.

There should also (if you didnt pay by cheque) an amount taken out as cash round about that time.

You have the upper hand having a receipt so I wouldnt worry too much.

GavB79

PasturesNew wrote: »

Was the deposit put into a scheme? It legally has to be put into a scheme and you have to have been advised which scheme within 14 days .... else you can claim 3x the deposit from the landlord.

So, it doesn't sound like it is in a scheme, so you're back in the winning seat. Find out about the Deposit Schemes and the law and hit the LL with that.

I have a suspicion OP was a lodger

JenJen87_2

Are you still in the property now?
There is a law that states all landlords must hold a tenants deposit into one of the government backed deposits scheme's. I've been renting for a number of years now and have came across this topic too many times, and have even been a victim to a 'missing' deposit. Your landlord could be fined up to 3 times the deposit amount for not doing so!

Do you not have any proof what so ever that you have even given him the cheque? a stub or anything? Your bank should be able to tell you whether the cheque was cashed or not

Also, he will not be able to just tell you to get out, its not as simple as that. I would definately give the CAB a visit!

GavB79

McKneff wrote: »

Just to be sure, go through your cheque stubs, if its not there he's telling porkies, if it is on a stub, then go through your bank statement
and see if it has been cashed.

How old are you? I doubt 95% of people under 40 fill in a cheque stub. I doubt 95% under 20 even know what a cheque is

JenJen87_2

GavB79 wrote: »

How old are you? I doubt 95% of people under 40 fill in a cheque stub. I doubt 95% under 20 even know what a cheque is

Haha, just to prove you wrong im 23 and fill in all my cheque stubs. Its all about being organised!!

G_M

x__Indigo_x wrote: »

Hi all

i moved into this property in may 2010 . I have no contract Yes you do. You pay rent and receive accomodation in return, so there is a contract. It is a verbal one. Pretty stupid of both of you though!.as originally i thought id stay 3 months and he said ' her solicitor could only draw up 6 month contracts plus'. Rubbish. A solicitor could easily draw up a 3 month contract.so we agreed i would simply let her know a month before that i wanted to move. ( i know this is dodgyYes but it benefited me No it didn't. By doing everything via word of mouth you end up with problems!and my question isnt about this part really)

before i moved in i met with the landlord where i paid the first months rent in advance in cash and the deposit.(he text me in advance and asked for cash) I said i didnt mind as long as i got a reciept - which i have which says the full amount paid and is signed/dated by himBy 'full amount' you mean one months rent + the deposit? Fine. You have a receipt. What's the problem?

all was fine, i emailed him to give my notice to move out in may 2011 . she is now saying that i paid him a deposit as a cheque and she never cashed it as he lost it:mad:More fool him (or her?)

what rights have i got,,,,You have the right to your deposit back he says i paid in cheque im sure i paid via cash . he agrees i paid the rent amount in cash but says i paid the deposit via cheque and he ' forgot to cash it in' and then didnt say anything about it till now.:mad:



Hellpppp I DONT know what to do ,Sue him in the Small Claims court for a) the deposit (for which you have a receipt and b) 3 times the deposit if he did not place it in a recognised deposit scheme i dont want to start argueing with him but im worried what could happen.No idea what you mean. WHAT could happen? I know i have no rights Yes you do. See above. You have a verbal contract in terms of he could tell me to leave at any time No he can't. You have a Statutory Periodic contract and he has to give you 2 months notice.cos there is no contract but what about this money ive paid.Write to him requesting it back. Enclose a copy of the receipt (KEEP the original!). Warn him about the 3 times deposit claim

i have done no damage at all to my room so the only thing i could be deducted for was small costs ie breaking cups/plates ( furnished house)

Can we just clarify the set up: Do you share with the landlord in his home? ("my room") or do you have exclusive use? If you are a lodger in his home you have fewer rights (though you still have a right to your deposit as you have a receipt.