I have had a look through previous threads to see if anyone has experienced a problem like mine, but it seems mine is quite unique! Any advice would be greatly welcomed!
I moved in to my flat on 6th August 2010, paid £350 first months rent and £350 deposit.
My landlord gave me a receipt for the rent and deposit, however told me she would provide a full tenancy agreement within a week as she had no ink for her printer. She seemed really nice and so I agreed, she lives in a property adjoining the flat and so seemed fairly ok for her to pop it through the door.
Prior to moving in I had asked if I could have my cat there, she said this was fine, as I have access to the garden etc and she had no problem with this as she has pets herself.
When I moved in to the flat, there was quite a bit of damp in the kitchen, I photographed it on the advice of a friend, just in case there were any future problems. Also the was a hole in the ceiling from where insulation had been laid in the roof but access to the loft had broken, the landlord advised it would be fixed asap.
The first week of me being at the flat I ended up staying at my partners quite often, mainly due to the oven supplied with the property being broken and needing to be replaced, so I had no cooking facilities. I made sure I went to feed and water my cat each day after work and most nights went back to the flat late in the night and left early for work in the mornings (I commute 2 hours a day to work so leave the house around 6:30amish).
The new cooker was delivered on Fri 13th August. The landlord states she text me also on this day advising me she had concerns that I had not been at the flat (bit silly as she was aware I had no cooking facilities!!).
The 2nd week of my tenancy I stayed a few nights at the flat however found it a little hard to sleep with the hole in the ceiling!! But again, always ensured I spent time with my cat and fed and watered her. I had the Friday off work so went to the flat to finish off all my unpacking and also to let my cat out for the first time (she needed to be in for a few weeks to aclimatise to surroundings).
It was on this Friday that I was at the flat when the landlord gave me a letter saying I had a month to vacate the property owing to me not abiding to terms set out in the tenancy agreement.
Firstly, as I never had a signed full tenancy agreement, surely this means she cannot say I am in breach of the contract?!
She states that I have unlawfully kept my cat locked up 24-7, she has reported me to the RSPCA, the cat has damaged the flat making it unhabitable for humans!!
I immediately responded, explaining, no cooker, I work long hours and thats why she hasn't seen me, explained how cat had to be kept in for a few weeks etc.
She has come back and said I need to get the flat professionally cleaned and she will not return the deposit unless I present a receipt from a cleaning company!!
My cat hasn't damaged the flat at all, if anything the place is much cleaner now than it was!
I have subsequently asked where my deposit is held, she states she is a memeber of mydeposits.co.uk I have read on previous threads that she should have supplied me with proof of this within 14 days, and proof my deposit was being held by them?
Basically, I am now moving out of the flat. She has told me I owe her rent up until the 18th Sept (the months notice she has served on me) I have told her I will be moved out by 5th Sept and that I will not be paying further rent and I expect my deposit to be returned to me in full.
Am I in the right here? There has never been a signed agreement between us and she just seems a bit mental! I have contacted the RSPCA about me cat and they told me not to worry and assured me I was not being neglectful. However, the landlord is saying that as I have a key and possesions in the property, I am automatically a tenant and so automatically covered by a tenancy agreement....
I am trying to access the my deposits website but it doesn't seem to work as I want to find out if my deposit has been put there.
Sorry if this is all a bit long winded Hard to explain! If anyone can tell me where I stand, that would be great as I am getting to my wits end!