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  • FIRST POST
    • dorondj
    • By dorondj 6th Nov 12, 6:01 PM
    • 10Posts
    • 0Thanks
    dorondj
    Landlady illegaly witholding deposit
    • #1
    • 6th Nov 12, 6:01 PM
    Landlady illegaly witholding deposit 6th Nov 12 at 6:01 PM
    Hi. I need help please urgently!! My old landlady has been withholding the deposit from our old house which we moved out of in July, and despite repeated requests has not given it back. Granted, we did destroy it a bit but what student doesnt. Anway, she took off damages and said she was going to give us 100 pounds back each, which she hasnt done now because one of our former housemates didnt pay for 8 weeks. basically she said that because he did not pay she is taking it away from us. i am pretty sure that is illegal??

    also, she did not register us with the tenancy deposit scheme which is law. i am on money claim to make a claim against her, am i able to claim the 100 pounds she offered to us or the full amount that i paid in the beginning despite her taking money away for damages? the damages included things such as a kettle and to clean the garden, even though the builders were there anyway already...

    Regards, Doron
Page 1
    • chib
    • By chib 6th Nov 12, 6:06 PM
    • 513 Posts
    • 1,363 Thanks
    chib
    • #2
    • 6th Nov 12, 6:06 PM
    • #2
    • 6th Nov 12, 6:06 PM
    Hi Doron,

    Do you have any proof/evidince of paying her an original deposit?

    Not to drift away from the topic, but I think "Granted, we did destroy it a bit but what student doesnt." is an awful attitude to have - I don't know of any students that have destroyed properties throughout their studies.

    I can understand her reasons for refusing to pay back any deposit if she wasn't getting paid.

    Regards, Chib.
    • 00ec25
    • By 00ec25 6th Nov 12, 6:33 PM
    • 8,755 Posts
    • 8,678 Thanks
    00ec25
    • #3
    • 6th Nov 12, 6:33 PM
    • #3
    • 6th Nov 12, 6:33 PM
    . Anway, she took off damages and said she was going to give us 100 pounds back each, which she hasnt done now because one of our former housemates didnt pay for 8 weeks. basically she said that because he did not pay she is taking it away from us. i am pretty sure that is illegal??
    Originally posted by dorondj
    you were probably (please correct me if wrong) on a joint and severally liable contract - that means if there is a shortfall on the rent the LL can chase any one and everyone for it so yes she is legally entitled to hold back money to cover the missing rent because you are as much liable for the rent as the person who did not pay

    that said as you have already started a court action them what you should concentrrate on is the fact the LL did not register the deposit in a scheme - that is the illegal part not what she is deducting

    she will counter claim against you for damages and missed rent. If you have an inventory showing condition at start of your tenancy then she will win on this one, if no inventory then she will lose
    • dorondj
    • By dorondj 6th Nov 12, 7:13 PM
    • 10 Posts
    • 0 Thanks
    dorondj
    • #4
    • 6th Nov 12, 7:13 PM
    • #4
    • 6th Nov 12, 7:13 PM
    i missed no rent to her, and the contract was not joint liability. however i do not have an inventory i should have made one
    • hcb42
    • By hcb42 6th Nov 12, 9:20 PM
    • 5,818 Posts
    • 3,538 Thanks
    hcb42
    • #5
    • 6th Nov 12, 9:20 PM
    • #5
    • 6th Nov 12, 9:20 PM
    if between you you destroyed her place and didnt pay the rent, then while she might be wrong about the deposit side of things, two wrongs dont make a right, I would NOT expect students to wreck a place any more than I would expect it of 35 yr old professionals.
  • CAB National Representative
    • #6
    • 7th Nov 12, 11:11 AM
    • #6
    • 7th Nov 12, 11:11 AM
    Hi. I need help please urgently!! My old landlady has been withholding the deposit from our old house which we moved out of in July, and despite repeated requests has not given it back. Granted, we did destroy it a bit but what student doesnt. Anway, she took off damages and said she was going to give us 100 pounds back each, which she hasnt done now because one of our former housemates didnt pay for 8 weeks. basically she said that because he did not pay she is taking it away from us. i am pretty sure that is illegal??

    also, she did not register us with the tenancy deposit scheme which is law. i am on money claim to make a claim against her, am i able to claim the 100 pounds she offered to us or the full amount that i paid in the beginning despite her taking money away for damages? the damages included things such as a kettle and to clean the garden, even though the builders were there anyway already...

    Regards, Doron
    Originally posted by dorondj
    Hi Doron - we'd recommend reading our information on Adviceguide about tenancy agreements, rightful witholding of deposts and getting a deposit back. As you'll see from the information there, what your next steps are will depend on the type of tenancy agreement you had. And we'd suggest getting advice from your local bureau on next steps.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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