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Landlord being unreasonable with deposit - dont think its even protected
Comments
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Where you are from is irrelevant. Where was the tenancy?
If England or Wales, read
* Deposits: payment, protection and return
If you were originally a lodger the deposit did not need registering, but when the LL moved out and issued you an AST, then it should have been registered.
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I signed an AST contract with him in November, when he was no longer living there, i still never received any information regarding my deposit.Was this when your landlord was living with you so he would also have been without electricity?
He had moved out to by this point, but i was still on my first contract. He refused to return to the flat to top up the electricity, and wanted one of us to pay for it, even though it was included in our rent.
Why bother with threats? Send a Letter Before Action and if he still doesn't return your deposit take him to Small Claims Court.
I dont want to threaten him with anything, i want it resolved amicabily, i feel he is being unreasonable, by not passing to me the details of where my deposit is.
So the deposit relates to when you were a lodger and not a tenant then? Perhaps he never had to protect your deposit. Maybe give Shelter a call to clarify.
I wonder, with 6 people living there, if this is a HMO that should have a licence?
I dont know about the HMO.0 -
Where you are from is irrelevant. Where was the tenancy?
If England or Wales, read
If you were originally a lodger the deposit did not need registering, but when the LL moved out and issued you an AST, then it should have been registered.
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It is in London.
Its a weird situation though, as he doesnt own the property, he's actually an agent and rents the property out on the landlords behalf. He calls himself the landlord though.0 -
If you don't want to threaten the landlord/agent or whatever he is, why did you say you were going to try the harassment route like the other lodger/tenant?
It's very simple, the reason he isn't giving you the details of where your deposit is protected is because it hasn't been registered anywhere.
Send a Letter Before Action and then, if necessary, small claims court. That's all you have to do now rather than trying to get details of deposit protection that he clearly doesn't have or go on about harassment for something that has been and gone.0 -
Either be the sheep or the butcher.
Either agree or take him to court ( who's the landlord named on the tenancy?)0 -
Who owns the property is irrelevant. If your AST is with him, then he's your landlord. If the AST is with someone else, then that is who you pursue your claim against.No free lunch, and no free laptop
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I contacted all 3 deposit schemes today, none of them have my deposit. He was supposed to send me the details of the scheme today along with details of my dispute. He messaged me to say he has been too busy. I'll now do as Pixie5740 suggested and go down that road.
One more question: If in my contract it states that the deposit is held with mydeposits and its not, its not even held with any scheme, does this mean he has breached the contract?
I ask because if i do take him to court to get my money back, can he then still come after me for his initial demand of £464? Or is that then null and void?0 -
The breach of contract makes really no difference - he has breachd the law. That is how you pursue him.Again, read
* Deposits: payment, protection and return
If he believes you have caused £464 in damage, missing inventory items, renat arrears or whatever, then he can claim this. If you disagree, you can dispute his claim. If you cannot agree between you, a judge can decide for you both.
If you are taking him to court for the non-registration penalty it makes sense for the court to consider this matter too (unless you reach agreement on it).
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He returned my deposit in full this morning. He knew he didnt have a leg to stand on. He sent an email full of insults directed at me, and how he was the bigger man for returning my deposit. I wont bother to respond to him.
Glad its all over.0 -
Thanks for the update. That's great news. :beer:0
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