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Renting problem

13

Comments

  • Mozzanov
    Mozzanov Posts: 188 Forumite
    Lizzye wrote: »
    Her husband is a violent man, tbh I'm mostly worried about him. I know if he comes anywhere near us I should phone the police etc but obviously I don't want to put my kids through that.

    Absolutely horrible to go through, so sorry you're experiencing all this. Have you changed the locks?
    Lizzye wrote: »
    If she can't actually evict us, what can she do? I mean, this is after all her house. She must have rights of her own?

    She must follow the correct processes, as others have mentioned.
    Lizzye wrote: »
    The council said they told her because she hadn't secured our deposit we could claim it back threefold?

    Yes, you can claim for this (in the courts) if it wasn't secured.
    Lizzye wrote: »
    That also sounds extreme and probably what made her go mad.

    As a LL, she should have been aware of these things to begin with. Hopefully she has gone quiet due to seeking legal advice.

    Lizzye wrote: »
    As soon as I've said about my oh's credit score they lose interest, as we don't have six months up front rent or a guarantor.

    Stop telling agencies about the credit problems. Their checks only reveal publicly available information.

    All the best!!
  • Lizzye
    Lizzye Posts: 23 Forumite
    Since this happened a few weeks ago we have found a place to move to and have paid deposits etc on it. I've tried to contact my landlady a few time to let her know we're looking, found somewhere, to expect a phone all for references, and more recently to say we are now moving out this weekend., but still nothing from her. I've even sent her a recorded delivery mail today to confirm again and try arrange meeting up to return keys and deposit to us.

    I'm worried now as we did all this in the space of two weeks that we haven't given her the 4 weeks notice to move out, regardless of the fact she tried to evict us and wants us out quite clearly from trying to serve us the section 21.

    Can she hold back our deposit for this and can we still claim on it as she didn't protect it?
  • RAS
    RAS Posts: 36,089 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I suggest you send a letter before action claiming back 3 times the deposit before you move out.

    Then start proceedings.

    At a later point you can agree to let her return the full deposit plus the court fees but not follow through to the 3 times claim if she co-operates.
    If you've have not made a mistake, you've made nothing
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    For anyone replying here, there is a parrallel thread running as:

    https://forums.moneysavingexpert.com/discussion/4473867
  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    Werdnal wrote: »
    For anyone replying here, there is a parrallel thread running as:

    https://forums.moneysavingexpert.com/discussion/4473867
    What a pain. Split thread on a single issue. Big guns can only really get their teeth in with all the facts and by asking questions.

    OP, please ask a mod to merge the threads. It does you and those replying no favours to have information spread across 2 threads.
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • Lizzye
    Lizzye Posts: 23 Forumite
    I have another new problem now, so that last thread i posted by mistake is irrelevant.
    I have finally heard from her this pm she sent me a text saying the deposit wasn't a problem but it is lodged in the dps and I won't get it back for 28 days!
    She's only just done it this week.

    Sigh..so without wanting to sound like a broken record. Does anyone know how we stand now? Can she actually do this?
  • jamie11
    jamie11 Posts: 4,436 Forumite
    Be glad she has put the money into the DPS, have you had the prescribed information? Any S21 she issues will be invalid if the deposit was lodged after 30 days, she would have to refund you in full before she could issue a valid one.
  • Lizzye
    Lizzye Posts: 23 Forumite
    After 30 days? We've been living there for five years and its a few days before we move out and she's just done it.

    I haven't any info on it either, she's only just told me today and when I tried to look into it she has done it in my other halfs name only. He called and they told him it was done this week.
  • Blackpool_Saver
    Blackpool_Saver Posts: 6,599 Forumite
    Mozzanov wrote: »
    Stop telling agencies about the credit problems. Their checks only reveal publicly available information.

    All the best!!

    That doesn't sound right to me
    Blackpool_Saver is female, and does not live in Blackpool

  • jamie11
    jamie11 Posts: 4,436 Forumite
    Lizzye wrote: »
    After 30 days? We've been living there for five years and its a few days before we move out and she's just done it.

    I haven't any info on it either, she's only just told me today and when I tried to look into it she has done it in my other halfs name only. He called and they told him it was done this week.

    The law changed last year compelling landlords to protect deposits within 30 days, this included older deposits as well, if you had a S21 then it is invalid, she would have to refund the full deposit to you before she could issue a valid S21. A S21 is not a notice to quit, it merely allows a landlord to apply to the court for possession.

    Since she has neglected to protect the deposit you are able to sue for between 1-3 times the deposit in court yourself, the court would decide the penalty and the money would be yours.

    If it's not convenient for you to move right now then it would take her anything from 4 to 6 months to get an eviction order against you.
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