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Any legal way to get deposit back from a dodgy landlord when tenancy not signed yet?
theone999
Posts: 203 Forumite
Hi, I'm looking for a legal solution if possible to get a £600 deposit back off a dodgy landlord.
The story is. Initial contact was directly online, then by text, then meet up, not through a letting agency. He had a house that was in need of refurbishment that he offered to people on Sparerooms, me included. He seemed to have picked out the desperate people to message, which in this case was renter with pets, he also messaged another girl off the website who I met up with previously who also had pets.
Anyway, I was desperate for a decent place matching my criteria that would accept pets and even though the house was in a right state from the previous tenant, it needed mostly surface work rather than internals / structural. I felt a bit pressured because he said the house was probably going to a mate of his neighbours after me so I gave him £100 there and gave him another £500 2 days later. He wrote a receipt stating names / address of house, sum on receipt / signatures. No date or intent of receipt.
That deposit was meant to be a "soft deposit" because the house wasn't phyically suitable for anyone to move in at that time. Btw Sparerooms is like a house sharing website, so I couldn't have afforded the house by myself anyway. So it was agreed verbally at that time that I was going to try to find someone to sign the tenancy with in the next month after refurbishment or I would not sign and get half my money back.
Basically the month is up, I haven't found anyone suitable to share that house with. Students were put off by the location, professionals either put off by the price (because I'm going to be a mature student so I don't pay CC) or probably the pictures of the house because it's in a state at the minute.
I asked for half my money back this morning, and I know it's still the same day, but he's always replied so quick before and there are some other reasons for concern (in a bit). I'm going to ring him in the evening and see, but I want to be prepared for what my options are.
I know his name, not where he lives, but I have record of text / written communication between the two parties. And I know a correspondence address of a company he owns through publicly available information off company house.
What gives me cause for concern is he texted me about a week ago asking if I found anyone yet, if not whether he should start looking for someone himself to sign it with me. I said no because it was agreed that I look for a person I would like to live with. Then he suddenly seemed to suggest that because I paid the whole deposit that I was liable for the whole house now. I reminded him that I haven't actually signed any tenancy agreement yet and restated the amount of deposit paid and that the whole point of the deposit was to reserve it and no tenacy agreement would be signed if I didn't find a co-tenant within a month. He was very dismissive of "your so called legal stuff" (though he didn't deny that I gave him money for that purpose) and that "he was only trying to help yeah". Then he said, you must have given notice where you are now and so I told him that actually no I haven't because of the evident risk involved and that it shouldnt matter to him whether I give notice where I am now or not. The exchange was ended with "I'm sure we can sort something out and make it work".
And obviously a week later today, the month is up and I haven't anyone suitable and even if I did I wouldn't live there now because of the way he has gone on. He also wanted £700 a month for the house you know and when I said that's overpriced, he very quickly said £600 was fine. And in text last week seemed to imply that I should have been grateful that he "dropped the price by a 100 pound" and that it was "only my opinion the house was not worth more, and that he gave me a reduction from the market price". Which later turned out to be !!!!!!!! because I started ringing around the estate agents in that area (i don't live in that city, it's where my uni will be) and a recent house on that street was let for £500 a month. So.
Because I'm a fairly honest person, I would have accepted just getting £300 back. But if he keeps ignoring that, is there any way to get the whole £600 back, legally?
The story is. Initial contact was directly online, then by text, then meet up, not through a letting agency. He had a house that was in need of refurbishment that he offered to people on Sparerooms, me included. He seemed to have picked out the desperate people to message, which in this case was renter with pets, he also messaged another girl off the website who I met up with previously who also had pets.
Anyway, I was desperate for a decent place matching my criteria that would accept pets and even though the house was in a right state from the previous tenant, it needed mostly surface work rather than internals / structural. I felt a bit pressured because he said the house was probably going to a mate of his neighbours after me so I gave him £100 there and gave him another £500 2 days later. He wrote a receipt stating names / address of house, sum on receipt / signatures. No date or intent of receipt.
That deposit was meant to be a "soft deposit" because the house wasn't phyically suitable for anyone to move in at that time. Btw Sparerooms is like a house sharing website, so I couldn't have afforded the house by myself anyway. So it was agreed verbally at that time that I was going to try to find someone to sign the tenancy with in the next month after refurbishment or I would not sign and get half my money back.
Basically the month is up, I haven't found anyone suitable to share that house with. Students were put off by the location, professionals either put off by the price (because I'm going to be a mature student so I don't pay CC) or probably the pictures of the house because it's in a state at the minute.
I asked for half my money back this morning, and I know it's still the same day, but he's always replied so quick before and there are some other reasons for concern (in a bit). I'm going to ring him in the evening and see, but I want to be prepared for what my options are.
I know his name, not where he lives, but I have record of text / written communication between the two parties. And I know a correspondence address of a company he owns through publicly available information off company house.
What gives me cause for concern is he texted me about a week ago asking if I found anyone yet, if not whether he should start looking for someone himself to sign it with me. I said no because it was agreed that I look for a person I would like to live with. Then he suddenly seemed to suggest that because I paid the whole deposit that I was liable for the whole house now. I reminded him that I haven't actually signed any tenancy agreement yet and restated the amount of deposit paid and that the whole point of the deposit was to reserve it and no tenacy agreement would be signed if I didn't find a co-tenant within a month. He was very dismissive of "your so called legal stuff" (though he didn't deny that I gave him money for that purpose) and that "he was only trying to help yeah". Then he said, you must have given notice where you are now and so I told him that actually no I haven't because of the evident risk involved and that it shouldnt matter to him whether I give notice where I am now or not. The exchange was ended with "I'm sure we can sort something out and make it work".
And obviously a week later today, the month is up and I haven't anyone suitable and even if I did I wouldn't live there now because of the way he has gone on. He also wanted £700 a month for the house you know and when I said that's overpriced, he very quickly said £600 was fine. And in text last week seemed to imply that I should have been grateful that he "dropped the price by a 100 pound" and that it was "only my opinion the house was not worth more, and that he gave me a reduction from the market price". Which later turned out to be !!!!!!!! because I started ringing around the estate agents in that area (i don't live in that city, it's where my uni will be) and a recent house on that street was let for £500 a month. So.
Because I'm a fairly honest person, I would have accepted just getting £300 back. But if he keeps ignoring that, is there any way to get the whole £600 back, legally?
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Comments
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Legally the way to get the money back is to send the landlord a letter-before-action requesting the return of the money within X days or you will take him to Small Claims Court. If you don't receive the money you then file a Money Claim Online and let a judge decide if your due any money back.
However, winning a judgement and getting the money back are not the same thing. You still might have to enforce the judgement which could result in you only seeing £1 a week. This is assuming the judge agrees that you are due money back of course.0 -
Legally the way to get the money back is to send the landlord a letter-before-action requesting the return of the money within X days or you will take him to Small Claims Court. If you don't receive the money you then file a Money Claim Online and let a judge decide if your due any money back.
However, winning a judgement and getting the money back are not the same thing. You still might have to enforce the judgement which could result in you only seeing £1 a week. This is assuming the judge agrees that you are due money back of course.
from what I've said, i'm due my money back surely? no???0 -
I'm not a judge. I haven't seen the evidence presented by both sides.0
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from what I've said, i'm due my money back surely? no???
1) Even according to your account, you're only entitled to £300 back per your verbal agreement. There is nothing the LL has done to invalidate that, you took the risk on atleast £300 that you wouldn't find someone to move in with.
2) You have to provide evidence to support your version to be due anything back.
3) IF based on 1. and 2. you do turn out to be due any money, you then have to serve a valid claim, get a CCJ awarded, and collect on it.0 -
1) Even according to your account, you're only entitled to £300 back per your verbal agreement. There is nothing the LL has done to invalidate that, you took the risk on atleast £300 that you wouldn't find someone to move in with.
2) You have to provide evidence to support your version to be due anything back.
3) IF based on 1. and 2. you do turn out to be due any money, you then have to serve a valid claim, get a CCJ awarded, and collect on it.
well he's ignored my texts and calls today.
basically if he refuses to acknowledge me and give me a half refund as initially agreed, I will take him to court for the full amount as it's a misrepresentation / fraud as I wouldn't have given him anything the way he's going on now.
did some digging and found out where I think he lives and works. so an address shouldn't be a problem.0 -
well he's ignored my texts and calls today.
basically if he refuses to acknowledge me and give me a half refund as initially agreed, I will take him to court for the full amount as it's a misrepresentation / fraud as I wouldn't have given him anything the way he's going on now.
did some digging and found out where I think he lives and works. so an address shouldn't be a problem.
It doesn't suddenlt become fraud or misrepresentation just because he stopped answering the phone. Remember you are the one who has failed to keep to the deal.
In any case once you start with "letter before action" you should stick to written communication (on paper not text).
If you want to convince a Court you should stick to the true facts and claim the £300 as agreed.0 -
It doesn't suddenlt become fraud or misrepresentation just because he stopped answering the phone. Remember you are the one who has failed to keep to the deal.
In any case once you start with "letter before action" you should stick to written communication (on paper not text).
If you want to convince a Court you should stick to the true facts and claim the £300 as agreed.
no. i'm not. the deal was I get £300 back.
he's finally replied to a text now, saying he'll ring me on saturday when he gets back from work. but still saying "sort something out", so i'm pressing to just get the money back now.0 -
It doesn't suddenlt become fraud or misrepresentation just because he stopped answering the phone. Remember you are the one who has failed to keep to the deal.
In any case once you start with "letter before action" you should stick to written communication (on paper not text).
If you want to convince a Court you should stick to the true facts and claim the £300 as agreed.
is there any template for "letter before action"? said meet on saturday, then meet today (tues) then ignored all texts / calls.
complete scumbag.
and no, I am not the one who failed to keep to the deal.0 -
no. i'm not. the deal was I get £300 back.
.
Yes you should get £300 (half the deposit as agreed) but I was responding to the post where you said you were planning to go to court to claim the full amount (presumably £600) because he had not responded to texts.
The deal was you find a housemate and complete within a month. You didn't do it.0 -
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