hello everyone and help, bad landlord

[karenanne1]

hi all, my name is karen i am a 39yr old mum of three and a unemployed nurse,, i came on here looking for some advice and see that many people have experienced bad landlords once in a while, here is a bit of my story see if anyone can help,

i have recently moved out of my old property and my ex husband gave my landlord a months rent and what we thought 550 deposit,, however it only came to light that he had put nil on the tenancy agreement,,, wasnt sure at the time but its just over 4 wks on and i have txt and phoned and emailed him, the only time he responded was when he wanted to know if my new neighbours had moved in,, he was a awful landlord who wouldnt do any repairs but i have chased him and chased him over the ?? depsit i have finally just spoken to him and he stated " i never said you wouldnt get your money back!" and i dont hold it in a public holding scheme i said 28 days because i had to request it being drawn out thats why is says nil on ur tenency agreement,,, and u will have ur money in the next few days but i really dont believe him, he has told my new neighbours that he calls it first month and last month rent and deposit holding schemes are too much hassle,, he is a terrible liar and a fraudster, has anyone experienced this is so what did u do about it,, and is there such a thing as first month and last month,, as i was under the impression that any money above and beyond your rent had to be declared. I have been to see a solicitor who says that he will write to him then i have to apply to small claims court to recover my money,,, i think it is so wrong that people can just walk away with someones money esp with 3 kids unemployed and a single mum, they have no scrupples

[rebel11]

Hi karen

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

[nohope]

Sometimes a landlord will keep the deposit if its the same as a month rent to cover your last month at the property but that is only if you agree to do it that way.

 

If you have paid your last months rent up until you moved out then he has no reason to with hold your deposit.

 

As far as i no the landlord depost scheme is now law for landlords and they must use then, even though they don't like to. It stops them putting it in a high interest account of there own and using it to to get more money from it..

 

Does it say anything in your tenancy about deposit being paid?

[karenanne1]

hi sorry not sure if my message went throu,, he was very careful with the wording now when i look back,,, he didnt use the word "deposit" but made us believe it was,,, i have paid my rent even for the last month and can produce the bank statements if it goes to court, he has told my new nieghbours something very different than he has told me,, it was only wheni started to enquire with the holding deposit companies and ask for a ID number did he start to get funny and actually! responded to my texts saying lets sort this out before it becomes somthing its not!

[nohope]

You should find that now your chasing him and asking for the id number for the deposit holding scheme he will sort out the deposit you gave him as he can get into a lot more trouble than its worth to be found out that he's been holding it in one of his own accounts.

This is why the scheme was set up, so landlors can not make any money on deposits they hold..

[karenanne1]

hi thank you so much, does it matter tho that he hasnt used the word deposit?? he is a very arrogent man who thinks he is above everyone, and was very careful to choose hiw wording, however i intend to see this through to the end and court it may come too at least i can show the judge that all my rent was paid with an outstanding balance of 550 that he owes me and didnt put it in a holding account didnt even say to me what it was for but the conversaton we had 0n 21/03/2012 he led me to believe that was were it was only when i started enquiring has he changed tactics

[nohope]

Did you give him a deposit and a month in advance when you first moved in. Even though he's not called it a deposite i would say if the answer is yes then thats exactly what you paid to him which by any standards is the norm.

[karenanne1]

hiya i gave him 1,100 that was my months rent in advance and what we belived was a deposit but if he required 28 days to withdraw he is either lying or has had it in his own account gaining interest

[nohope]

Sounds to me like he has it in a high interest account which when taking money back out you need to give notice depending on the type of account or he's stuck it away in premium bonds which again they need notice when you want to take money back out.

[karenanne1]

hi, thank you everyone for your help, this man thought he could just ignore me and i would go away, i actually believe he probably did have it in a high interst account but he believes that if he doesnt call it a deposit he hasnt broken the law, i am trying to say to my new neighbour look dont let him do to you what he has done to me after all he has taken above and beyond his rent and kept hold of it, surely in my book that is breaking the law

[nohope]

If its money he holds until you move out the property then it can be guised by any name but at the end of the day its a deposit and thats the only word that covers it.

[karenanne1]

fantastic thankyou, lets hope he sees some sense and pays me my money, still think the law is too lenient with all this,

[karenanne1]

hi all, hope everyone is as well as they can be. i recently posted asking for advice over a landlord who was trying to whittle his way out of giving me my 550 pound back by stating he doesnt hold deposits... unfortuantly as of yet i still havent had the money back, he should recive the solicitors letter 2morow or wednesday but playing a very bizzare game of power, claiming his secretary will phone me for my bank details, which she doesnt then i chase him, then she phones and tells me her computer is broken so i will have to wait,, totally sick of his games,, my solicitor has given him 7 days to pay so i know i will have to wait that long to see if he pays up, but i am hoping to go back to part time work as a nurse, so i wont be able to get any further help from solicitor,, what would be my next step and how do i apply for small claims court??

kind regards

karen

[honeybee13]

Hello there.

 

It would be better to add this to your existing thread on the right forum, if you can. That way, the guys will have the previous information in order to be able to advise you.

 

My best, HB

[karenanne1]

ok thanks HB

karen

[karenanne1]

hi all hope you are all well,.

Just a quick update with regards to my awful theiving ex landlord who is trying to whittle himself out of paying my 550 deposit, as you rmember he states he refuses to call it deposit,, well he is just playing games,, promised that his sec would phone me on tuesday for my bank details at the latest 12.15midday, when this didnt happen i txt him, then funny enough a call came throu stating she was phoning me over a refund when i stated how much for the secretary states "oh i will need landlord to approve that" then she states that her computer is broken and she will have to do it on tuesday, now he should recieve my solicitors letter tuesday or wednesday so i know i will have to give him 7 days to comply but i am hoping to go back to part time work as a nurse so i wont get any more help from solicitor, so what is my next best step please? and how do i make an applicatoin for small claims court? and Do i have a case? i have requested from the local paper the origional and most recent advert which stated months rent in advance plus deposit, i am sick of this mans power games, making me wait and chase him

thanks

karen