Deposit not protected... What can I do?

G_M

Zorz wrote: »

...However, I have found this interesting post by Tessa Shepperson:

http://webcache.googleusercontent.com/search?q=cache:33btMCYUGyEJ:www.landlordlawblog.co.uk/2012/11/13/what-is-the-correct-procedure-for-claims-under-s-of-the-housing-act/+&cd=1&hl=el&ct=clnk&client=firefox-a

...

Thanks for the link. A fascinating insight into the workings (or not!) of the courts. I particularly liked the summing up by Ben Lewis:

" Landlords quite rightly complain about the length of time it takes to get possession, try claiming back the deposit!"

tim123456789

pawlala wrote: »

I disagree, assuming that the flat is indeed in this conditiont.

If it was in that condition when she saw it then he is not taking advantage of her at all.

If she didn't think that it was in acceptable condition for the rent, she should have said no.

By her own admission, it is 40% cheaper (yes 40%, not a few quid, 40%!!!!!!!!!), than the alternative, so I shall quote Michael O'Leary, "if you don't like what we offer, don't flipping well fly with us".

Tim

G_M

tim123456789 wrote: »

If it was in that condition when she saw it then he is not taking advantage of her at all.

If she didn't think that it was in acceptable condition for the rent, she should have said no.

By her own admission, it is 40% cheaper (yes 40%, not a few quid, 40%!!!!!!!!!), than the alternative, so I shall quote Michael O'Leary, "if you don't like what we offer, don't flipping well fly with us".

Tim

and yet if having got on O'Leary's ramshackle plane you saw the engine was actually hanging loose, and were told the pilot was not just tired but had been illegally on duty for 18 hours without a break.......

BitterAndTwisted

Another strategy, and rather less painful, could be to withhold the last month's rent. No potential three-times the deposit as penalty and definitely no reference if needed in the future......

coinxoperated

theartfullodger wrote: »

Are flats conversions & does landlord live in same building?

If so deposit protection etc. does not apply & it ain't an AST

Landlord doesn't live in the same building. Its an old cottage converted into two studio flats on the ground floor and a one bedroomed larger flat across the top floor.

coinxoperated

tim123456789 wrote: »

I think that you are taking this too personally.

The LL is not taking advantage of you, he is just renting out flat at a low cost rent that accounts for its condition. You just happend to be the person who came along and accepted it at that rent.

I don't see any need to "get back at him" for this. Save your energy for making sure that you do get your deposit back.

tim

Firstly, I actually DIDN'T accept the flat in this condition. It had a lick of paint on it which had covered any previous damp patches (for all of about 2 months...). It also had three heaters, which I didn't realise two of them actually didn't work until I moved in.

I had no where to go, and no more money to pay rent. It was either this or homeless. It's taken me three years and I am now able to move out, but you clearly don't have any understanding or respect for how hard my life has been for three years. Working full time with no family nearby on just over minimum wage, unable to even buy proper food or really have the heating on. Alongside all of this, I have had chest infections every other month and have been on several courses of antibiotics. I got a skin infection from some sort of bug that feeds on damp that had bitten me and left me in hospital for a week on a intravenus antibiotics...

Don't you DARE say that this 'isn't his fault'. He;'s fully aware. Thats why he has rented the property at such a 'low' price for the area.

I fully accept that for such a low rent you may get a dingy, icky flat with minimal space. I accept that fully. This, is not just 'dingy' this is seriously dangerous to health.

If a tenant of yours reported damp, faulty wiring, plug sockets that fizzle when you turn them on or off, having to replace bulbs 4 times a month all round as the damp is making them blow, having all of your belongings ruined because anything with a surface or fold gets damp, having life long keepsakes of your dead mothers completly ruined by damp and mold, having to 'catch' woodlice in your BATHROOM every day as they are drawn in by the damp..

On top of that... your bathroom floor collapsing along with your bedroom floor sinking.... oh and I sat on the toilet one day for it to go straight clean through the floor!

Before you judge, think of others circumstances. I hope you never find yourself as unwell and struggling as I have been for the past three years. Or maybe you need it, to appriciate what others have to go through sometimes.

coinxoperated

pawlala wrote: »

I disagree, assuming that the flat is indeed in this conditionthen not only are there health issues, there are safety issues that should have been addressed 3 years ago. Reducing the rent does not discharge their duty of providing safe and habitable living.

It is possible that this landlord will continue to provide unsafe accommodation until he is forced to change his or her ways. Court action for not protecting the deposit is the minimum they should be facing. The next tenant might end up with breathing difficulties, being electrocuted or buried underneath a pile of rotting joists and furniture. Take your pick.

Thank you. And this is my main concern in truth. It's not all about 'getting back at the landlord' but making them address some of the issues the hard way. If environmental health can't find 'time' to fix this, then I'll do it myself. Even if claiming the 3x deposit makes him use an EA to manage rents in the future, it may stop someone living in such a awful 'home'.

Nobody should have to live like this. I wouldn't wish this on my worst enemy.

pawlala

let us know how you get on

RAS

coinxoperated wrote: »

I fully accept that for such a low rent you may get a dingy, icky flat with minimal space. I accept that fully. This, is not just 'dingy' this is seriously dangerous to health.

If a tenant of yours reported damp, faulty wiring, plug sockets that fizzle when you turn them on or off, having to replace bulbs 4 times a month all round as the damp is making them blow, having all of your belongings ruined because anything with a surface or fold gets damp, having life long keepsakes of your dead mothers completly ruined by damp and mold, having to 'catch' woodlice in your BATHROOM every day as they are drawn in by the damp..

On top of that... your bathroom floor collapsing along with your bedroom floor sinking.... oh and I sat on the toilet one day for it to go straight clean through the floor!

So have you got hold of the local Environmental health and reported this hovel to them? As a favour to the next possible tenant if not yourself?