Homeless Dilemma. Help.

lighting_up_the_chalice

Rollingstart wrote: »

ok apologies if I've misadvised a bit. I didn't realise they could give it back during the tenancy (surely it has to be with your agreement mind).

Nope. They just stick a cheque in the post, or credit your rent account. A tenant refusing to accept a deposit return (ie not cashing the cheque) doesn't alter the fact that the LL has returned it.

[Deleted User]

Rollingstart wrote: »

He's made a major error there. He shouldn't have the deposit at all! It needs to be in a government licenced scheme, such as mydeposits, the DPA or Crapita.

The deposit is dealt with after you move out. He cannot give you a section 21 notice if he has not protected the deposit, it's invalid and it will show as invalid if this goes to court at which point he'll have to protect the deposit and then issue another section 21.

As I understand it, any Section 21 notice starts from the date in the month from which you paid the deposit, or if that date has passed, then the same date in the following month.

Your landlord has broken the law and frankly I think he should face the full force of the law. Too many damn amateurs in the buy to let industry.

I have the deposit back. He returned to me before issuing a S21 notice. I knew he was breaching the deposit law since back in December when he tried to trick me to a 6 months notice to quit over the phone.
I know I could sue him for 3x deposit but I won't do it. If he was a rich LL with a big portfolio I probably would. But he has been mostly a good LL all the time I have been here (a part from putting me under enormous stress pressuring me to move out before I HAVE to, but I am sure he didn't have a clue about LL's obligations).

He had to learn the hard way. I used to feel bad but I don't feel bad anymore. I am sure he had a nice life receiving his rent in full and on time with no worries at all for 3.5 years. And he is a property owner after all.

Rollingstart

lighting_up_the_chalice wrote: »

Nope. They just stick a cheque in the post, or credit your rent account. A tenant refusing to accept a deposit return (ie not cashing the cheque) doesn't alter the fact that the LL has returned it.

Bank transfer yes but sending a cheque is quite hard to prove, unless they got the receipt stamped in the bank.

[Deleted User]

bloolagoon wrote: »

She's been advised on that many times but a LL reference over an eviction can be substantial when dealing with high demand properties. OP needs to carefully consider this in her situation. I'm honestly not sure what I would do in her position. I'm a hater of private poor LL and supporter of SH and make no apologies for that but I know her area well, very well (can work out where from posts) and she has to realise the gamble involved.

PM me my area and I will confirm.
I don't understand your comments about 'gamble'?
Believe me. despite the high price and risk of being evicted again in the future, I would move privately tomorrow if possible. No one will take me. The LL I will see on Sat wants to meet me first before agreeing to anything. He hasn't said yes yet.

lighting_up_the_chalice

Rollingstart wrote: »

Bank transfer yes but sending a cheque is quite hard to prove, unless they got the receipt stamped in the bank.

The courts will accept proof of posting. They already do so for service of notices. However, these aren't the OPs issues so perhaps it would be wise to let the thread focus on those rather than a side debate to nowhere.

Rollingstart

Deleted_User wrote: »

PM me my area and I will confirm.
I don't understand your comments about 'gamble'?
Believe me. despite the high price and risk of being evicted agin in the future, I would move privately tomorrow if possible. No one will take me. The LL I will see on Sat wants to meet me first before agreeing to anything. He hasn't said yes yet.

It sounds like your landlord has a few screws loose. If you don't mind me asking why does he want you out? A tenant who pays their rent on time, looks after the place and who they're familiar with is a valuable commodity.

[Deleted User]

mummytofour wrote: »

If you can't get a home you can afford in your area, you need to look out of area or maybe look for a smaller propety, such as a one bed, cheaper rent and it widens your options.

It isn't about location, size of property, area.
It is about being 'DSS' even though I work too.
I can totally afford. I have being paying rent on my own as a single parent (with the help of LHA which does not cover full rent) since November with no problems at all.

Let's not go again into the discussion of receiving benefits and paying rent in London again. Come to my area and you will see a lot of families or single parents with lots of kids, all living in London, no jobs and benefits paying for it all.
I won't feel guilty for wanting to be in London.
I know kids who where born and bred here and don't go outside the borough unless it is a school trip.
I take full advantage of what London has to offer.

bloolagoon

Deleted_User wrote: »

PM me my area and I will confirm.
I don't understand your comments about 'gamble'?
Believe me. despite the high price and risk of being evicted agin in the future, I would move privately tomorrow if possible. No one will take me. The LL I will see on Sat wants to meet me first before agreeing to anything. He hasn't said yes yet.

You said low council tax. There is not many boroughs but thats aside.

My feeling is that the no DSS doesn't apply fully or many of London would come into that. hb top up isn't full DSS - only my opinion though. If I'm right about your location there's an area I would consider alienating private LL a gamble on SH becoming available.

Risk of eviction is there always. I moved hundreds of miles North to be a homeowner. I have a garden and square footage I dreamed of by moving. My gamble but I own it. I couldn't own in London

[Deleted User]

Rollingstart wrote: »

It sounds like your landlord has a few screws loose. If you don't mind me asking why does he want you out? A tenant who pays their rent on time, looks after the place and who they're familiar with is a valuable commodity.

He says he wants to move back in with his family.
When he let the flat 3.5 years ago he had only one kid and was living in a house with a garden. He told me he would never live in a 2 bedroom flat with a kid. Now he has 2 kids and he wants to move back in with his family???
Doesn't make sense.

[Deleted User]

bloolagoon wrote: »

You said low council tax. There is not many boroughs but thats aside.

My feeling is that the no DSS doesn't apply fully or many of London would come into that. hb top up isn't full DSS - only my opinion though. If I'm right about your location there's an area I would consider alienating private LL a gamble on SH becoming available.

Risk of eviction is there always. I moved hundreds of miles North to be a homeowner. I have a garden and square footage I dreamed of by moving. My gamble but I own it. I couldn't own in London

'If I'm right about your location there's an area I would consider alienating private LL a gamble on SH becoming available'
I don't understand what you are trying to say. Care to explain please?

My feeling is that the no DSS doesn't apply fully
I don't know what people are doing to rent whilst in receipt of HB but so far the LL I am meeting on Sat is the only one willing to at least 'consider' me. Other private LLs and agents are being clear I have no chance with them.