Deposit scheme - landlord has not done it

basslinebargains

Hi, just wondering if anybody can help me or advise me in anyway. Please.

I moved in September just gone...and paid a £900 deposit...got the keys on the 1st September.

Only to find there is no heating nor hot water - STILL!! wt...

Anyway, I assumed the landlord would put the deposit I paid into the deposit protection scheme....and as he never let me have the required paperwork come early November...I started obviously asking him for it. etc. Anyway, he has just screamed at me, F'ing/blinding...and told me he hasn't put it in any F'ing scheme and told me where to go...so to speak.

Errr....now what?!! haha

I am obviously not staying here due to the fact there is no/never been...heating or hot water - i only found this out once I had moved in. I am in a flat in an apartment of roughly 18 flats....the building is in complete disrepair.

The Council/Housing enforcement officers have been to the flats...the landloards gone and lied to them and told them I refuse to let anyone in nor will i open/answer the door. As if I am going to cut my own nose of to spite my own face. Anyway, he told the council officers when they were here that the work would be done the following Monday (This was Tuesday 11th December) low and behold...no one come round on the following Monday...so come tea time I rang the landlord...spoke to some female and passed on a message etc and asker her to ask the landlord ring me back. I have now done this every day morning and afternoon...again to no avail...I have also tried several times in the evening...same response - nothing! Until yesterday - he came hammering on my door...I obviously let him in.

The landlord was also very aware of the fact my cat was pregnant ...as well as it being freezing....unfortunately I failed to keep 3 out of the 4 kittens warm enough...i tried everything...3 died within 24 hours. due to the cold. And 1 female (shes beautiful) the strongest of the pack is still with us ;-) She will be 2 week old tomorrow - I won't hold my breath, but I do think she is out of the danger zone now. Fingers crossed.

The landlord laughed when I told him 3 innocent lives had been taken...he really laughed...hard. :-(

Yesterday I rang the Council again and just waiting on them ringing me back today as the person dealing with the case was out of the office.

My problem now is...without my deposit back I am screwed for moving...I am on benefits so only just making ends meet as it is.

I am hoping one of you's has some kind of optimistic advice!! I have no idea what to do. I've lived here (with no heating or hot water) since 1st Sept...thats now over 4 month. I am so sad...so is mummy cat...it broke my heart...when each kitten died...sobbing...imagine what it did to Mum ;/ Cruel so an so he is (landlord)

Hope someone can help me...even if just nice words ...

Thanks,

PJ xx

basslinebargains

Oh - and my very long down to my bum hair , is completely ruined as I have had no hot water for a shower and the sink is very very tiny...and with being so depressed i have just left it all these months...felt a bit better so went hairdressers - she told me it ALL needs to be cut off as its in disrepair now. I never let her do it...I just left crying ;/ x

charlotte1994

Try this website, https://www.tenancydepositscheme.com/is-my-deposit-protected.html

They will tell you what to do. I would keep bugging the council and also seek help from Shelter. I am sorry to hear about the kittens ):

Comms69

basslinebargains wrote: »

Hi, just wondering if anybody can help me or advise me in anyway. Please.

I moved in September just gone...and paid a £900 deposit...got the keys on the 1st September.

Only to find there is no heating nor hot water - STILL!! wt... - You've reported this, in writing, to the landlord? (to clarify that means, pen, paper, envelope and a stamp)

Anyway, I assumed the landlord would put the deposit I paid into the deposit protection scheme....and as he never let me have the required paperwork come early November...I started obviously asking him for it. etc. Anyway, he has just screamed at me, F'ing/blinding...and told me he hasn't put it in any F'ing scheme and told me where to go...so to speak. - Great. So sue him for 1-3x the value of the deposit. You have 6 years to do it, so no rush

Errr....now what?!! haha

I am obviously not staying here due to the fact there is no/never been...heating or hot water - i only found this out once I had moved in. I am in a flat in an apartment of roughly 18 flats....the building is in complete disrepair. - how long was your tenancy agreement?

The Council/Housing enforcement officers have been to the flats...the landloards gone and lied to them and told them I refuse to let anyone in nor will i open/answer the door. - irrelevant. As if I am going to cut my own nose of to spite my own face. Anyway, he told the council officers when they were here that the work would be done the following Monday (This was Tuesday 11th December) low and behold...no one come round on the following Monday...so come tea time I rang the landlord...spoke to some female and passed on a message etc - have you ever written to him? and asker her to ask the landlord ring me back. I have now done this every day morning and afternoon...again to no avail... - unless you fancy a night in the cells, i suggest you stop harassing your landlord I have also tried several times in the evening...same response - nothing! Until yesterday - he came hammering on my door...I obviously let him in. - I'm not sure if that's sarcasm or not.

The landlord was also very aware of the fact my cat was pregnant ...as well as it being freezing....unfortunately I failed to keep 3 out of the 4 kittens warm enough...i tried everything...3 died within 24 hours. due to the cold. - Given that cats can give birth and protect their kittens in the freezing basements of Russia - I know this first hand - I wouldn't put it down to cold automatically. And 1 female (shes beautiful) the strongest of the pack is still with us ;-) She will be 2 week old tomorrow - I won't hold my breath, but I do think she is out of the danger zone now. Fingers crossed.

The landlord laughed when I told him 3 innocent lives had been taken...he really laughed...hard. :-( - Your feelings don't amount to a claim. For what it's worth I sympathise, but your landlord can laugh at whatever he wants, your kittens, a human being, whatever. That's his choice.

Yesterday I rang the Council again and just waiting on them ringing me back today as the person dealing with the case was out of the office.

My problem now is...without my deposit back I am screwed for moving...I am on benefits so only just making ends meet as it is. - So sue him.

I am hoping one of you's has some kind of optimistic advice!! I have no idea what to do. I've lived here (with no heating or hot water) since 1st Sept...thats now over 4 month. I am so sad...so is mummy cat...it broke my heart...when each kitten died...sobbing...imagine what it did to Mum ;/ Cruel so an so he is (landlord) - you may not like this, but ultimately their care was your responsibility, not the landlords.

Hope someone can help me...even if just nice words ... - you can sue, (small claims for your actual deposit if the landlord fails to return it) as mentioned for 1-3x the value of the deposit.

Thanks,

PJ xx

basslinebargains wrote: »

Oh - and my very long down to my bum hair , is completely ruined as I have had no hot water for a shower and the sink is very very tiny...and with being so depressed i have just left it all these months...felt a bit better so went hairdressers - she told me it ALL needs to be cut off as its in disrepair now. I never let her do it...I just left crying ;/ x

Again your hair isn't really relevant to the situation. I understand it's important to you, but there's no value in a claim

KatrinaWaves

Your cat was not pregnant when you moved in in September.

You allowed your cat to get pregnant when you didn't have an adequate home or money to look after her, thats on you. Sorry but I am not surprised that your landlord had no sympathy as neither do I. Same with regards to your hair sorry, there are other things you can do.

You can take action about the deposit, but with the cat story and the hair story, I am doubting the truth of this story.

G_M

1) Stop phoning the landlord. Do everything in writing, ideally by letter sent to "the address for serving notices" which is usually on your tenancy agreement.

If you have not been given in writing an addres for this, you do not have to pay rent until it is provided. Landlord and Tenant Act 1987 S48.

Use email as well for speed, but follow up with a letter.

2) So - a brief letter (if not already done) with bullet points listing the dates on which you reported the heating etc and the dates of any action, as well as the problem(s) itself.

Send a copy to the council (who are you dealing with there? Environmemtal Health Dept? Private Tenancy Officer?)

3) Chase the council, both with phone calls and letters. It is important you do things in writing. Copy them your correspondance with the LL. Make clear he has misled them and you are willing to give them access. Ask for a date when they will visit.

4) The lack of deposit registration is to your advantage.

* You cannot be evicted legally (though I realise you probably wish to leave!).
* you can sue the landlord for 3 times the deposit as penalty. Any time in the next 7 years - so wait. Plenty of time!
* even if it was protected it would not help you leave as you would not get it back till after the tenancy ended so could not be used for a new tenancy.

5) What kind of tenancy is this?
* is it England? Scotland?
* is it a fixed term? 6 month? 12?
* is there a 'Break Clause'?

You (probably - answer the questions!) cannot leave early. The lack of deposit protection does not make a difference.

What you might be able to do is pursuade the Landlord to agree to an 'Early Surrender' in return for not claiming the 3 times deposit via the courts. He might prefer that (once he thinks about it). If so, get it in writing, clearly stating:
* his/your names
* address of property
* date of Early Surrender
* a statement that there is no penalty or other cost to you of this ES, and that all liability ceases on the agreed date

A 'Letter Before Action' later relating to the deposit might be the way to start negotiations to end the tenancy early.

6) Ignore the emotional stuff - eg the cat. Your hair. You may be upset but it is irrelevant to the legal position.


7) read:
* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

* Deposits: payment, protection and return

Wanderingpomm

basslinebargains wrote: »

Oh - and my very long down to my bum hair , is completely ruined as I have had no hot water for a shower and the sink is very very tiny...and with being so depressed i have just left it all these months...felt a bit better so went hairdressers - she told me it ALL needs to be cut off as its in disrepair now. I never let her do it...I just left crying ;/ x

You need a better hairdresser. Not washing your hair is usually good for it.

babyblade41

Ditto to most of the above and all in the order stated .. I would leave any emotional back story as it won't help and can't be proved

( most of us understand but no one in this situation will want to know , also some ferals who live in my barn gave birth during the snow last year and all of them survived so maybe another reason why that failed, sad as it is and I do sympathise (all kittens were re-homed before they became feral so happy ending )

I hate rogue landlords and being an ex landlord of a few properties it really boils my bodily fluid just as much as painful tenants