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    • Hi all   It's been a long time since I've used this site, I used to be a frequent poster, mainly in the parking subforums.    I'll try and keep this as concise as possible, although it may get a bit confusing, so apologies in advance.  Also I hope this is the right subforum for such a matter, but I couldn't see anything more specific for divorces/family law.  So here goes..   My now ex-wife and I divorced last year, after our relationship broke down due to irreconcilable differences.  She initiated the divorce proceedings so was the petitioner, I was the respondent.  We informally agreed early on that she would stay at the family home (I moved out), and buy me out of my share of the house and contents.   We went to family mediation and hashed out an agreed settlement figure that we were mostly happy with.  A lump sum for the house and contents, plus she would give me the money to pay off several loans for goods on hire purchase that remained in the house, as the debts were solely in my name at the time.    I did not contest the divorce on any point, except she wanted me to pay the court costs of the divorce (£850) since she blamed me for the breakdown of the marriage.  I objected to this on the financial paperwork, stating that I was not the petitioner, plus the cause of the breakdown of the marriage were not due to adultery or domestic abuse.    The financial court ruled against me, meaning the £850 would be deducted from the final settlement figure.  I was looking to appeal against this decision which would have delayed the proceedings by several months, however in the meantime I was able to make an agreement with her solicitors to split the court costs 50:50, so we would in fact be paying £425 each.  They sent this offer in a letter headed "Without Prejudice", stating that if I was agreeable, they would submit an amended financial order to the courts with the amounts amended so I would only be paying £425 instead of £850 towards the costs.  I responded to this in writing and signed the form they sent me, initialling where the amount was changed on the financial order.   This is where it gets a bit tricky.  They then resubmitted the ORIGINAL financial order to the family with the £850 deduction still on it and promptly stopped responding to my calls and emails.  My ex wife has now paid the settlement figure, with the £850 deducted rather than the agreed upon £425.  It's a bit of an odd situation as my ex paid me basically exactly what it says on the court form, even though I made a different agreement with her solicitors.  I feel they've been dishonest in this case, whether intentionally or not but it's still left me over £400 out of pocket.    My question basically is this?  Do I have any legal recourse options available to me against the solicitor?  Does the fact that they headed the offer letter "Without Prejudice" mean that they can basically go back against their word and not honour an agreement that was made in good faith?  I've been doing my own research into this subject and it's a bit of a minefield, but I'm wondering whether I've got grounds for a complaint to the Solicitors Regulatory Authority, or possibly even pursuing them via the Small Claims Court?   Any thoughts?  If you need any more information or need me to clarify any particular points, please let me know.   Thanks in advance CD
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clemma

Landlord refusing to give me my deposit back

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Ok, well this is all new to me!!

 

When I moved in in February this year, I had to pay a deposit of £300 plus a months rent. The landlord told me that I would get the deposit back if either of us gave 6 weeks notice (a bit steep, I know). Well, he put me on notice in June as he has a family moving in in September - which will give him more money every month. So I thought, fair enough - although he was well aware that I was planning on moving out on October 10th, he decided this was the date for me to be out by.

 

At first, I was due to move out on the 31st August, but due to one thing and another, I am able to move out on the 9th. As my rent is paid up until that date, I will leave owing him nothing. He is now refusing to give me my deposit back because he gave the date of 1st September for my benefit. Nice :rolleyes:. If he had known I was moving out earlier, then he could have given the family an earlier move in date.

 

Not that simple I'm afraid. There is another lodger there who is unable to leave until 1st September, so regardless of when I leave, he could not rent the property out.

 

The thing is, I signed NOTHING (stupid, I know), so have I lost any chance whatsoever of getting my £300 back? The only other person who could back me up is the other lodger, but his situation is different (he has to pay zero rent in August, and the landlord will keep his deposit). ......

 

Really need this money as I moving almost 400 miles, and my wages, although will pay for most of what I need, will not last until my next pay day!!! I was relying on my deposit to see me through.

 

Anyone??


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No contract!!! You can take him to court thats about it really. However even without an official contract you are tenant and have rights so your deposit should have been protected in a TDS sheme as it has not by the looks of it, you will be able take him to court for 3x the amount plus deposit. Write to LL and point this out and give him 7 days to return deposit or will take him to court the deposit and the 3X.

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Thank you! So regardless of what he is saying, the fact he put me (and the other tenant) on notice at the end of June means I am entitled to my deposit back.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

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<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Do you live with your landlord?

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I used to, but he relocated to Leicester at the end of June.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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I used to, but he relocated to Leicester at the end of June.

 

That makes things a bit of a mess then.

 

I would be tempted to say that the deposit shouldnt be protected as suggested by raydetinu as what ever the agreement is, is was never an Assured Shorthold Tenancy Agreement.

 

So from your post, what agreed move out date do you have with your Landlord, it appears to be the 31st August/1st Septemeber?

 

Are you saying you now want to leave earlier i.e. 9th August, which your rent is paid up to?

 

And the landlord is subsequently witholding the deposit for the missing 22 days rent as you both previously agreed the 31st August/1st September?

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It's not a tenancy as such. It's a houseshare, so I am renting a bedroom from him but have access to the whole house.

 

He wanted us out by the 1st September (as he has lined up a family to rent the whole house) which I agreed I would be. As it is, my move out date is the 9th August. Because of this, he is withholding my deposit. The 31st August was never agreed per se - just that I would be out by the 1st September.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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The 31st August was never agreed per se - just that I would be out by the 1st September.

 

The key is underlined aboved.

 

Have you agreed you will be out BY the 1st September or have you agreed you will be out ON 1st September?

 

If its the later (On 1st September) I think he has a right to your deposit (assuming it isnt more than the rent would have been) as you are moving out earlier than you have indicated.

 

If its the former then, you have complied with his request and he should pay it you back (less deductions for damage etc).

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It was out by the 1st due to the new family moving in on that day. He did not say I could not go any sooner, or that he would withhold my deposit if I did.

 

Presumably, he should pay back the deposit, but I will have to do it the hard way - he is not going to pay it back willingly.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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If you've paid up to the end of the notice period he gave you, then it's up to you whether you use the house or not- you pay for the right to reside there, not the obligation to do so.

 

In the absence of any contracts or other written evidence, do you have any receipts to prove that there was a contract?

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I've only paid up until the 10th of August.....not the 1st September.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Assuming you dont have anything in writing it will be your word against his then unfortunatley.

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