Is this even legal? Landlord always broke, withholds deposit, asks for more rent

filcanmike

Hello, I have a problem with my landlord. I don't even think this is even legal so I came here for advice.

When I first moved into this room in a houseshare, my landlord asked for 4 weeks of deposit, which I gave. At that time, our (verbal) arrangement was for me to pay 100 quid every week. And instead of getting my deposit back when I leave, I have to notify her 4 weeks in advance and I can use the paid 400 deposit towards my last 4 weeks of stay. Fair enough.

After two weeks of living there, she decided this arrangement wasn't working for her, so she decided to change it to a monthly payment. She said I can also get my deposit back when someone moves in to take my place. Their deposit will be given to me as my returned deposit. Again, fair enough.

Well last week, I told her I would be leaving to a new flat because it would be closer to my work. My paid rent for this month covers until August 30. I thought 2.5 weeks was enough to give advanced notice. Now, she waited an entire week to b*tch to me that it wasn't enough time and, aside from withholding my deposit, she just asked me right now to pay the rent for next month on the 30th (when I leave)! I have already paid my deposit at the new flat, and I do not want to pay rent twice next month. Especially not when I won't even live there anymore. I will be broke. She did claim that she will give back the 400 quid + 400 deposit when "she has the money".

The thing is, the landlord is always broke. I don't know where she placed my deposit or where the monthly rent goes. The reason why she is asking me to pay next month's rent is because she has a council tax bill of about 1500 pounds and she can't afford it. She even showed me letters claiming that they will cut electricity or the water due to unpaid bills. She claims that if she doesn't pay the council tax, she will lose the house. I don't know what I should do. I just want to run and move to the new place and forget about the deposit.

Any help?

poppy10_2

Forget about paying the next month's rent, you don't have to. She's got no way of enforcing anything. She has broken the law by not protecting your deposit, if you wanted you could take her to court and get 3x the deposit amount as a penalty.

miacat

filcanmike wrote: »

Hello, I have a problem with my landlord. I don't even think this is even legal so I came here for advice.

When I first moved into this room in a houseshare, my landlord asked for 4 weeks of deposit, which I gave. At that time, our (verbal) arrangement was for me to pay 100 quid every week. And instead of getting my deposit back when I leave, I have to notify her 4 weeks in advance and I can use the paid 400 deposit towards my last 4 weeks of stay. Fair enough.

After two weeks of living there, she decided this arrangement wasn't working for her, so she decided to change it to a monthly payment. She said I can also get my deposit back when someone moves in to take my place. Their deposit will be given to me as my returned deposit. Again, fair enough.

Well last week, I told her I would be leaving to a new flat because it would be closer to my work. My paid rent for this month covers until August 30. I thought 2.5 weeks was enough to give advanced notice. Now, she waited an entire week to b*tch to me that it wasn't enough time and, aside from withholding my deposit, she just asked me right now to pay the rent for next month on the 30th (when I leave)! I have already paid my deposit at the new flat, and I do not want to pay rent twice next month. Especially not when I won't even live there anymore. I will be broke. She did claim that she will give back the 400 quid + 400 deposit when "she has the money".

The thing is, the landlord is always broke. I don't know where she placed my deposit or where the monthly rent goes. The reason why she is asking me to pay next month's rent is because she has a council tax bill of about 1500 pounds and she can't afford it. She even showed me letters claiming that they will cut electricity or the water due to unpaid bills. She claims that if she doesn't pay the council tax, she will lose the house. I don't know what I should do. I just want to run and move to the new place and forget about the deposit.

Any help?

sounds like another cheating landlord out to screw their tenent!
don't listen to her woe!

what about contacting the Citizens Advice

http://www.citizensadvice.org.uk/

G_M

Does the landlord live in the property too? Is she part of the 'houseshare'?

If so, the deposit does not need to be registered in a scheme.

When you moved in, did you pay rent in advance (as well as the deposit)? How much? One week (£100)? One month?

2.5 weeks notice may/may not be enough but as you have said nothing about your tenancy, it's impossible to advise:

* lodger or tenant?
* fixed term tenancy? from when to when?
* pay weekly? (rent book required by law) or monthly?
* how many in property?
* all seperate agreements? Or joint tenancy?
* anything written at all? Or all verbal?
* Scotland? England?
* rent includes council tax? Utilities?

Her financial problems are not your problems.

Depending on the answers to the above, I suspect your best bet is to a) not pay any more b) move out when ready, not before and c) expect a fight for your deposit!

filcanmike

Yeah, I realize that but (I don't want to sound like a !!!!!) I am somewhat scared of her. I overheard her on the phone once talking to someone in her native country about hiring someone over there to kill her enemy (not sure if she was serious).

Plus, there is a part of me that doesn't want to sue her. First, it's a hassle and second, it's all verbal. There is no proof that I was ever a tenant at her place since all I paid is cash, and there is no contract (my fault I guess). And she can be nice when she needs something from you. She would sometimes let me eat the food that she cooks, and would even fold my laundry even I never asked her to. I just want to move out, not pay more rent, and get my deposit back.

I offered to find a replacement for her so I can get the deposit, and then she gave me a whole list of qualities (requirements really) that she wants in a tenant (probably to make it harder for me). First, the tenant has to be the same ethnic origin as her, must be single, no kids, currently lives in the local neighborhood (seriously?), quiet, makes no fuss, etc.

Also, she doesn't claim that she earns money on the rental on her tax returns (or whatever you guys call it in the UK). That way, her council tax is lower. She would claim to the borough that only 2 people live in the house, when there is 6. That's why I find it surprising that she is always broke.

chiefgoobster

miacat wrote: »

sounds like another cheating landlord out to screw their tenent!
don't listen to her woe!

what about contacting the Citizens Advice

http://www.citizensadvice.org.uk/

Not all landlords screw their tenants.

filcanmike

Replies are in bold.

G_M wrote: »

Does the landlord live in the property too? Is she part of the 'houseshare'? Yes

If so, the deposit does not need to be registered in a scheme.

When you moved in, did you pay rent in advance (as well as the deposit)? How much? One week (£100)? One month?
When I moved in, I paid 400 quid deposit and 100 quid rent (advance one week).

2.5 weeks notice may/may not be enough but as you have said nothing about your tenancy, it's impossible to advise:

* lodger or tenant? tenant
* fixed term tenancy? from when to when? Not fixed. She never mentioned I needed to live there for a period of time.
* pay weekly? (rent book required by law) or monthly? Paid weekly for the first 2 weeks, then she changed it to monthly thereafter.
* how many in property? 3 paying tenants (a couple and myself), a son, and the son's friend who doesn't pay any rent
* all seperate agreements? Or joint tenancy? Separate verbal agreements
* anything written at all? Or all verbal? None whatsoever. Everything verbal including the couple's.
* Scotland? England? London
* rent includes council tax? Utilities? She doesn't claim council tax for us. As far as the borough is concerned, there is only 2 people living in the house, and the other people are just "visiting relatives" (her own words). Other utilities, except internet is included.

Her financial problems are not your problems.

Depending on the answers to the above, I suspect your best bet is to a) not pay any more b) move out when ready, not before and c) expect a fight for your deposit!

G_M

No. You are not a tenant, you are a lodger (legally an 'excluded occupier').

The deposit does not need to be registered.

You were paying £100 per week. When it changed to monthly, a) how much per month? and did you pay any more in advance?

You say you've paid up till Aug 30th? When/how much did you pay this?

When do you want to leave?

You can ring the local council, ask for the council tax dept and tell them it is an HMO (House of Multiple Occupation). But there is no difference in council tax between 2 peope and 6 people living there. The only discount is single person (one person).

You can report tax fraud to HMRC here if she is not dclaring her rental income.

I suspect the only way you will get your deposit is by staying beyond Aug 30th and not paying rent, so the deposit is used as rent.

Cissi

filcanmike wrote: »

Replies are in bold.

Actually, reading your replies, if the LL herself lives at the property then you probably aren't a tenant but a lodger, no matter what your agreement says, and as such you'd have very few rights. If there truly isn't anything in writing, then I also doubt you'll have to pay another month's rent on the day you leave - she'd have a hard time pursuing you for that one. But I think you may have to write off your deposit as it may cost more than it's worth to try to get it back...

savingmummy

Jeez she sounds very dishonest and not nice at all!!Don`t feel scared of her, and certainly dont be worried about taking it further, i would go to CAB and explain if you feel strongly about not paying up but too worried to face her about it.

I would personally pack a bag and go if i had somewhere to go....

00ec25

as others have said you are a LODGER , you are not a tenant

you have therefore have few rights but that works to your advantage in this case since it means you do not have to give any notice to leave.

given you think you will have problems getting the deposit back also works to your advantage as itmeans you simply stop paying rent now until you have recouped the deposit via the rent you have not paid to her, then you walk out the door and never look back

you should report her to the council as operating an HMO

you should report her to HMRC as not paying the correct tax
https://online.hmrc.gov.uk/shortforms/form/TEH_IRF?dept-name=TEH&sub-dept-name=&location=39&origin=http://www.hmrc.gov.uk