help...info needed for tennants rights

jakeyboo23456789

Hi im hoping someone can help me and its a bit longwinded!!
Me and my hubby have lived in a privately rented house for a year with a 6 month tenancy rolling into a monthly one. we have been to view a bigger property through an estate agent and decide we would like it . we did all the credit checks and our previous landlord gave us a fab reference but our present one refused to give any he even refused to confirm wether we pay our rent on time(which we always pay early but as its private it doesnt go on credit file).on this info the new landlord asked for a 1000 pound bond which we have agreed to as i have nothing to hide. My concern is ive given sufficent notice but i have one months rent left to pay here but i asked the landlord if he had my bond in a govement registered scheme and he didnt reply but has been constantly texting me to make sure my rent will be paid this month. Last month he text me at 4.30 am to transfer my rent 5 days early as he needed it (and i stupidly did). there are some major repairs need doing one of which is a live wire coming out of the floor which i have constantly asked to be repaired but always makes excuses. im concerned about handing over 600 pound and never seeing my bond again.is there anything i can do . also i have no receipt for my bond and paid cash . im doomed !!:(

BitterAndTwisted

Have you checked with the deposit-protection schemes yourself to check whether yours has been registered?


If not, don't pay the last month's rent.

jakeyboo23456789

Thankyou .its not been deposited so I'm worried I won't get anything back.

BitterAndTwisted

If you're absolutely certain that the deposit hasn't been registered and there's no mention of the deposit having been paid in your enancy agreement I think it would be sensible to not pay the last month's rent

G_M

jakeyboo23456789 wrote: »

Thankyou .its not been deposited so I'm worried I won't get anything back.

1) double check. Contact each of the schemes yourself and ask:
Deposits (Rules on deposit protection)

2) If not registered, don't pay final months rent

3) Write (a letter - not text etc) to the LL explaining that as he has failed to register your deposit you are witholding the final months rent, and also that you are aware that you can claim 3 times the depsoit via the courts as penalty for his failure to register it, but you trust this will not be necessary.

That puts him on warning that if he makes difficulties you may go to court.

jakeyboo23456789

Is there more than 4.Ive checked the ones on the shelter website and its in none of those. I contacted him by email yesterday advising him that if he cannot prove my bond is registered then i will not pay the last months rent . He sent me a text saying that he will take everything i have said with a pinch of salt and expect my rent on the usual date or i will be in breech of my tenancy . He has also contacted my husband and told him that he is in real financial difficulty and can he have a word with me as he wants things to stay ammicable. The only reason i know about him refusing to give a reference is the lasdy who owns the property told me when saw her at school but he keeps phoning the estate agent telling them he is going to sue them for breeching his confidentiality. Im at my wits end worrying i will lose my new home because of him.

The main reason im moving is because when we viewed the house he said the neighbours wer "set in their ways but ok" that was an understament ive had to go to the extreme of getting the police out so i can use the shared access!! they are off their trolley.

The problem i have is that my bond here is the difference between getting my new home and not .I cannot risk losing it for the sake of this. my family are living in misery.

BitterAndTwisted

If the landlord is in financial difficulty and has not protected your deposit, you can absolutely guarantee you won't see it returned.

Being "in breach of your tenancy" can also be taken with a pinch of salt: what is he going to do about it, take you to court? Well yes, he could but his breach in not protecting your deposit is rather more serious and you've got six years to get to court and ask for a penalty to be imposed. Mind, if he's not actually got the money, then you'd get squat.

Take no notice of any of his implied threats, use the deposit as the last month's rent and forget about him.

RAS

jakey

Can we just make sure that you are in England or Wales? Scottish law is different.

jakeyboo23456789

im in england . thanks so much for your help. we have had no luck at all and this is really stressing me out . is there just 4 places to check ?

thesaint

BitterAndTwisted wrote: »

Well yes, he could but his breach in not protecting your deposit is rather more serious and you've got six years to get to court and ask for a penalty to be imposed.

The OP has got five years.

RAS

There are only 4 deposit schemes, so if you are not listed in any of those write to the LL (pen and paper not e-mail or text) and tell him

1. That according to your research the deposit has not been protected.

2. That until you have confirmation that the deposit is protected, you will not be paying the last month's rent as he can use the deposit.

3. That you have the right to sue for 3 times the cost of the deposit and will do so itf there are any further issues.


And for heaven's sake, ask Environmantal Health to come and check the safety of the electricity if you think there is a problem. That might get an enforcement notice in place to help the next tenant.

PS - you do have an up to date Gas Safety Certificate?