Tenancy agreement not in my name and struggling to reclaim deposit paid

wardyswife

Please please can someone help.

My husband and I was unable to pass the credit check required by the landlords insurance company. Therefore we put the tenancy in my mother in laws name. The landlord was fully aware of this and that my mother in law wasnt ever going to live in the property. The LL did ask us to sign a piece of paper which stated the names of the people living in in the property which we did.
My M-I-L signed the agreement F302E and £1100 was handed over to LL half being a deposit. The deposit was put in to Deposit Protection Scheme in my M-I-L'S name.
My husband became ill and we struggled to pay rent, but managed. I then did some checks and found out that we could have been receiving housing benefit of approx £75 per wk while my husband was ill. I asked the LL if we could put the agreement in our name, explaining the situation, the response was to "doctor" the original agreement. We ended the tenancy and moved on 18/01/12
I am now trying to claim my deposit back through the DPS, the LL states I can have £20 back due to damages (what damages, I have no idea). The LL refuses to use the ADR system. I have spoken to the DPS but not told them the full story. They have said that I have to complete a Statutory Declaration which will force the LL to use the ADR system. My M-I-L lives in a council property and she isn't willing to sign the "stat dec" in-case she looses her own property or that legal action could be taken against her for falsifying documents. I have taken her to CAB who booked her an appt to meet with a legal housing adviser, but again she isn't willing to do this either.
What can I do???? The thought of the LL having £530 for nothing makes my blood boil and we just keep going round in circles trying claiming the deposit back.
The LL did 3 monthly inspections whilst we lived at the property and brought up no concerns. The house was also put up for sale and the estate agent stated that he would have no concerns about "putting in a good word" with new suitable LL's about how well the property was maintained and presented (we have 2 large dogs).
Please can someone, somewhere help me :mad:_pale_

jjlandlord

Why, o why, do people do such things?

If your mother-in-law is the tenant, then it is for her to pursue having the deposit refunded. If she does not want there's not much you can do...

Regarding the DPS: I don't think there's any way to force the landlord to use the ADR. If he refuses your only choice is to sue.

For reference, from what you said:
- the tenancy between your MIL and her landlord was not an AST, but a common law tenancy.
- your were subtenant of your MIL, and hence she was your landlord.
- for the LL this could have voided his rent payment insurance in any case.
- you and the landlord appear to have committed benefit fraud by forging documents to get benefits.

"The universe tends to unfold as it should" as they say in the movies.

wardyswife

PLEASE NOTE: I have never claimed any housing or council tax benefits or forged any documents. I work for the government and I was already aware that I was in deep water. I WILL NOT UNDER ANY CIRCUMSTANCES commit benefit fraud or forge documents, which is why we left the property and moved into different rented accom with an agreement in my name.