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

filcanmike

Replies in bold again.

G_M wrote: »

No. You are not a tenant, you are a lodger (legally an 'excluded occupier'). Thanks. I didn't know what the difference between a lodger and a tenant is.

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? I negotiated to pay 400 quid for the next 4 weeks. She wanted 5 weeks to cover the month of August. No more advance payment.

You say you've paid up till Aug 30th? When/how much did you pay this? I paid on August 2nd to cover until August 30 (4 weeks).

When do you want to leave? ASAP, but my rent at my new room starts at the end of the month.

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). I think that might be it. If I remember correctly, she said she didn't include her son as a resident in the house because he earns around 3500 quid a month (not sure if that makes a difference in council tax). She's also a pensioner who sometimes work "under the table" as a carer.

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. I cannot. I already paid my deposit at my new place and have told my new landlord that I will be moving at the end of this month. I just want to get out of here ASAP.

filcanmike

Can you actually lose the house if you did not pay the council tax? She doesn't actually own it yet. I think it's a rent-to-own scheme. If she doesn't lose the house, it would be easier for me to just leave. Despite all this, I'd feel bad if she did even though her financial problems are not my problems.

I'm just planning my exit. She doesn't work most of the time, and her bedroom is right next to mine. I don't want this to end in a fight.

G_M

So you are NOT paying monthly. You are paying £400 4-weekly (so same rent as before but the LL gets to receive more up front.)

If you've piad till Aug 30th and you are moving out on Aug 30th, then your options are

1) ask for your deposit back and hope you get it.......
2) forget he deposit
3) threaten the LL with reporting her to the council for running an illegal HMO and/or to HMRC for tax fraud unless she returns your deposit

filcanmike

Thanks everyone for your replies. I will try my best to find a replacement for my deposit. If that fails, I will slowly move out starting this weekend. I will forget about the deposit. Depending on whether how I get treated when I tell her I won't pay more, I may contact the council and HMRC.

Strapped

Do you have a receipt for the deposit? Otherwise, I fear you can just kiss it goodbye.

jamie11

the tenant has to be the same ethnic origin

That is quite definitely a racist condition, although since she is taking a lodger into her home it might be understandable.

I agree with others, you are a lodger, you have already given reasonable notice, just leave when you're ready.

Kiss your deposit goodbye.

Yorkie1

The condition that you get your deposit back when she finds a replacement lodger is completely unacceptable. There is no onus on her ever to replace you, and you'd therefore be kept waiting.

Do you have evidence of any of your payments? Receipt? Bank withdrawal statement?

For £400 I'd be minded to go after her in the small claims court anyway if the costs for doing so aren't too steep. (It's just the cost of issuing the forms, no other costs).