Landlord Problems

tenant23049

Apologies if this is in the incorrect place, I am just looking for some advice regarding a deposit. I have been renting in a shared house for several months and recently was asked to move out by my landlord.

I am due to receive my deposit back in the next few days but the landlord has already threatened to take money off for things that don't even exist/ were already there when I moved in, and is allowing no room for general wear and tear, (cream carpets throughout and a small mark in the corridor which you have to struggle to see but they are saying this is solely my responsibility as my room is closest to that part of the hallway? Also, we were already charged £100 each for 5 of us for another mark further down the corridor which was supposidly to replace the whole corridor carpet but hasn't been done). This is just an example of how ridiculous they are being.

However, the deposit isn't held in any proper scheme and I have been informed this is illegal and I would be eligible to claim 3x my deposit back due to this. However, after reading up on this it appears that this has to be done before moving out which I have already done, so have I blown this?

I also believe the property is being let illegally and isn't registered as a buy to let, paying taxes etc. A friend of mine said they were once in the same situation and the council told them because the property was being let when it shouldn't be they were able to go to a small claims court to get 3x the deposit and any rent they had paid back ( I am not sure how true this is) Basically, I was happy to just get my deposit back, but the landlord has been an absolute nightmare, letting themselves into the flat and peoples bedrooms constantly with no notice, trying to charge us for things that they shouldn't be and just generally being extremely unprofessional about the whole situation. I was given 4 weeks notice by text message to leave which I also believe is not the normal practise. I will also be looking into reporting them to the relevant places regarding the avoidance of tax.

I have a feeling I may be looking into this too late, but any advice is appreciated.

theartfullodger

Does the landlord live in the same building?

RAS

Does the LL rent you a room? Or do you share the rental of the whole flat?

Is it a registered HMO?

And a check - which country are you in - Scottish law is very different.

Is the a written signed check in inventory? Signed by you and the LL or signed by the lead tenant and LL?

tenant23049

Hi there...

The landlord doesn't live there and rents all the rooms out individually, there are no contracts, no inventories, its all extremely unprofessional, It is in the UK. Not sure about the HMO, how do you check this?

Thanks again

RAS

England, Wales, Scotland or NI - the law is different so we need to know which.

tenant23049

Sorry, England...London

RAS

In what form has the request that you leave been provided?

On what date did you move in? Rental date?

As you are still living there then you need to send a letter before action to the LL regarding the failure to register the deposit.

I would also suggest that you get in touch now with your local Private Tenancy Relations Officer at the Council.

The LL is probably allowed into the common parts of the property but not into your room but other will know more.

if you are paying monthly , the LL needs to give you 2 months written notice dated to end at the end of a rental period. If the deposit is not protected, the notice is invalid anyway.

No inventory means no deductions are allowed against the deposit, so you need this registered ASAP.

pmlindyloo

RAS wrote: »

In what form has the request that you leave been provided?

On what date did you move in? Rental date?

As you are still living there then you need to send a letter before action to the LL regarding the failure to register the deposit.

I would also suggest that you get in touch now with your local Private Tenancy Relations Officer at the Council.

The LL is probably allowed into the common parts of the property but not into your room but other will know more.

if you are paying monthly , the LL needs to give you 2 months written notice dated to end at the end of a rental period. If the deposit is not protected, the notice is invalid anyway.

No inventory means no deductions are allowed against the deposit, so you need this registered ASAP.

It appears that the OP has already moved out.

Quote:

However, after reading up on this it appears that this has to be done before moving out which I have already done, so have I blown this?

tenant23049

Hi there

Yes, I have already moved out, the landlord told me via text message I needed to move out because their sister wanted to have my room.

I moved in 1st July and was given until 1st April to move out but this was only after expressing this was my right.

As I said, I think maybe I have left it too late, but was just too busy trying to find an alternative flat.

RAS

Rats

In that case, letter before action and pursue the LL via the courts.

But the basic is - no signed inventory, no deductions. The LL has no evidence that the damage was not there when the OP moved in and no evidence that the OP caused it.

pmlindyloo

As regards getting your rent back if the LL was renting illegally then your friend may be referring to this case:

http://www.uklandlordnews.co.uk/tenants-win-34000-rent-refund-over-illegal-hmo/

Perhaps it may be worth speaking to your local council about your particular case.