Rent arrears and very unhappy landlord

amberleaf123

oohes wrote: »

Surely you're entitled to some benefits?

We probably are, but I think it is too late now.

yoyoegg

OP, can you explain why you have no money coming in as wages/benefits?

Without some prospect of paying the rent, I can't see any LL being interested.

gayleanne

amberleaf123 wrote: »

I don't think this is correct regardless of the rent arrears.

Can you honestly see a landlord giving back a deposit, when the tenant owes hundreds of pounds in rent, this is what a deposit is for, to cover any money owing and for any damages to the property. You can forget the deposit. So it is pointless relying on that.

amberleaf123

gayleanne wrote: »

Can you honestly see a landlord giving back a deposit, when the tenant owes hundreds of pounds in rent, this is what a deposit is for, to cover any money owing and for any damages to the property. They can forget the deposit.

I believe a landlord has to return the deposit if it hasn't been protected properly and I understand that I am also entitled to claim 1-3 x the deposit in compensation if I so wish.

Rent arrears would not affect this.

gayleanne

amberleaf123 wrote: »

Thank you. I will contact the council tomorrow.

I know this is only going to add more fuel to the fire, but as the deposit wasn't protected, am I entitled to it back despite the arrears?

The deposit would be enough to secure a new place.

No you will not be getting the deposit back, even if it has only just been protected, if you go to the agency that are holding the deposit and argue that you want it back, there answer will most probably be, pay the rent arrears and then you will have the deposit returned. The deposit will be held against the arrears you owe.

Sorry but you are living in a dream world, the deposit has now been placed in the proper place, the land lord most probably put it in there because he knows that you will not have a chance in hell of getting it.

Werdnal

amberleaf123 wrote: »

I believe a landlord has to return the deposit if it hasn't been protected properly and I understand that I am also entitled to claim 1-3 x the deposit in compensation if I so wish.

Rent arrears would not affect this.

Your landlord should return the unprotected deposit BUT can then claim through the courts for the lost rent, thereby flagging your arrears on your credit record and affecting your ability to get credit, rent, loans etc for years to come. Would you prefer that!

Whilst I have some sympathy for you, you cannot really expect LL to return the deposit and let you walk away without claiming something back from what you owe. If you do, you are very deluded!

The 1-3x deposit penalty is a possibilty, but launching the court case will cost you around £1000 upfront in costs, and you already have no money, so do you really think that is an option.

If you leave, and the LL keeps the deposit, it will reduce the amount of debt he can chase you for, so will probably benefit you in the long run.

Tiddlywinks

amberleaf123 wrote: »

I believe a landlord has to return the deposit if it hasn't been protected properly and I understand that I am also entitled to claim 1-3 x the deposit in compensation if I so wish.

Rent arrears would not affect this.

You show your true colours here, don't you?

You haven't paid your rent for 3 months yet you now want to shaft the LL even more by trying to get more back?

amberleaf123 wrote: »

We are selling our stuff on ebay to keep food on the table.

So, you have no income at all......

amberleaf123 wrote: »

The deposit would be enough to secure a new place.

Yet you still want to rent somewhere else? How will you pay the rent on that place?

Good luck with getting that reference from the LL.

amberleaf123

Werdnal wrote: »

Your landlord should return the unprotected deposit BUT can then claim through the courts for the lost rent, thereby flagging your arrears on your credit record and affecting your ability to get credit, rent, loans etc for years to come. Would you prefer that!

Whilst I have some sympathy for you, you cannot really expect LL to return the deposit and let you walk away without claiming something back from what you owe. If you do, you are very deluded!

The 1-3x deposit penalty is a possibilty, but launching the court case will cost you around £1000 upfront in costs, and you already have no money, so do you really think that is an option.

If you leave, and the LL keeps the deposit, it will reduce the amount of debt he can chase you for, so will probably benefit you in the long run.

Thanks. I will deal with the landlord chasing me for arrears when the time comes.

But I can still ask for the deposit back as it wasn't protected and the landlord must return it despite the rent arrears, is this correct?

Tiddlywinks

amberleaf123 wrote: »

Thanks. I will deal with the landlord chasing me for arrears when the time comes.

But I can still ask for the deposit back as it wasn't protected and the landlord must return it despite the rent arrears, is this correct?

You really sound like a grasping conman... just trying to work all the angles.

amberleaf123

Tiddlywinks wrote: »

You show your true colours here, don't you?

You haven't paid your rent for 3 months yet you now want to shaft the LL even more by trying to get more back?

I offered him the deposit towards the rent arrears, he chose not to accept.