Private Renting and Deposit.

Babyjoshua06

Hmmm so where on earth do i start?

I first rented the 2 bed property back in septmeber 2008. I went with an agent who just found tenents but left all the deposit and things to the landlady. So basically they told me once they rented the property they have nothing more to do with it at all.

At first i got on famously with the landlady... She even gave me baby clothes for the baby i was due. My baby girl was born January 2009 and then thats where the problems startd. Me and my partner split and i was then on Income Support. The babys father was working and paying me £25 a week.

It took a while for the Income Support claim to come through and then i had to wait longer for the housing benefit to start. This is were i had HUGE problems with the landlady.

I was making a cuppa and i turned around and to my shock the landlady was stood behind me... Shocked me soo much i dropped the hot cuppa on the floor... The door was locked and she used her key to sneak in!!
She started ranting and raving at me about the rent which i explained to her i coullnt make them go any faster!! My father in law was in the front room and saw everything. I was so upset i phoned the police and they told me i couldnt do anything as it was her house. I was completely shocked at this and couldnt wait for my tenency to be up in march.

I recieved futher harracement from her throughout that two months. Another time she let herself in she said she followed me around tescos and the money i had spent on shopping should had gone to her and me and my children should starve!!

When i moved out i asked her about the deposit and she said i was not getting any of it back as it was needed for cleaning and repairs!! I left that place spotless and wish i hadnt under the circumstances!!

She had clearly not put it into the government scheme and i was wondering if it is too late to claim against her? She put me through hell for them 2 months.... I have only just started to get myself thinking straight to actually start thinking about claiming against her...

Can anyone give me advice on what i should do?

Oh and the deposit was £550.

Stacey

BitterAndTwisted

Send her a Letter Before Action giving her 14 days to return your deposit or you'll start a claim in court. Then do it. Small Claims should cost you about £50. Depends on how strong her position is to claim compensation for dirt or damage. Was there are full dual-signed inventory when you moved in?

G_M

Was this England/Wales?
Was it an AST and when did it start and for how long?

Why on earth didn't you change the locks while you were there??!!

Have you checked whether your deposit is in a recognised scheme??
Did she draw up, and DID YOU SIGN, a check-in inventory and did it describe the condition of the property when you moved in?
Do you owe any rent?
Has she given details of a) what needed cleaning and b) the cost (with invoice from cleaning company?)

You are unlikely to get the mythical 3 times deposit for non-registration, but you CAN claim the deposit back depending on answers above, and by following Bitter's advice.

LAEllis

G_M, Is changing the locks allowed? i thought this was a big no no when renting. Then again any previous tenant could have an extra key and let your tv etc find its way to the nearest pawn shop...

G_M

LAEllis wrote: »

G_M, Is changing the locks allowed? i thought this was a big no no when renting. Then again any previous tenant could have an extra key and let your tv etc find its way to the nearest pawn shop...

Any decent landlord changes the locks between tenants (and sensible ones have 3 or 4 locks to 'rotate').

Many tenancies have ' must not change the locks' clauses, however to enforce this a landlord would have to go to court and claim damages ( which would be..... what exactly? the cost of replacing the lock?).
And in the face of the tenant explaining what happened in post 1 above to the OP, few judges would have much sympathy with the landlord!

The tenant has a right to ' quiet enjoyment' of the property. That means the landlord can NOT just walz in whenever. In fact doing so repeatedly, and against the tenant's wishes, is harassment - a criminal offence.

So change the lock. If the LL complains, ask how they know. "I tried to let myself in and couldn't."
"Well, what the h*ll did you think you were doing trying to let yourself uninvited into my home? Think I'll call the police for criminal harasment".

oops!