Landlord will not return deposit- no tennancy agreement- rent in cash!

[Glass_half_full!]

Hello

 

This is my first post- so please bare with me should I make a dreadful faux pas!

 

I have recently moved house from a rented flat and am having several difficulties with my previous landlord.

 

I began renting from my landlord in July 2012 and moved out on 3rd August 2013.

 

The terms of the 'tenancy' included NO written or verbal contract.

 

I was also asked specifically to pay my rent in cash every 4 weeks.

 

Before moving in I paid a deposit of £485, equal to 4 weeks rent.

 

I do not believe my landlord has placed this money with any kind of protection scheme.

 

There has never been any mention on notice needed or that there would be any difficulty in re-releasing my deposit once I vacated the flat.

 

Upon contacting my landlords who were abroad at the time- they were very friendly regarding my leaving and we exchanged pleasantries with no mention of any financial complications.

 

The flat I rented was at the rear of their large country house- therefore our address is the same and my post goes to them first.

 

Sinse moving out they have now said I must return my key through the letterbox as they do not wish to speak with me as they are 'in mourning for the loss of their dog' and will forward my mail on. The mail they have has been there for some weeks now and contains urgent highly confidential post from my bank.

 

Throughout the 'tenancy' I have also had issues with them refusing to provide me with adequate waste disposal facilities and also withholding and even opening my mail!

 

Now I am at a loss as to what to do. They have my post which they won't let me pick up and my deposit which is very much needed!

 

I have contacted citizens advice this morning and am waiting to hear back- but apparently that may take days.

 

Any advice greatly appreciated.

 

* And before anyone says so- no, I won't be making this mistake again!

[ashmk]

Go to you're local sorting office re your post. They can fix this for you. Also tell the bank etc the new address.

[Glass_half_full!]

Go to you're local sorting office re your post. They can fix this for you. Also tell the bank etc the new address.

 

I have done both of these- as it is par for the course in moving house. But it doesn't solve how to release the post they're withholding :/

[Conniff]

You should report the 'cash only' to HMRC, it means they are unlikely to be declaring it and paying tax on it.

 

You can do it by phone or email - http://search2.hmrc.gov.uk/kb5/hmrc/contactus/view.page?record=tRNNy6edopA&titleindex=4

[raydetinu]

write or email them regarding deposit and post that you want it within the next 7 days or you will be taking them to court.

Hope you got receipts for the deposit and rent each month, or some way of proving you paid, such as bank statements.

[stu007]

Were you paying Council Tax or did they say it was included in the arrangements you made?

[Glass_half_full!]

Unfortunately I wasn't able to get receipts for my payments, but I assume a 4 weekly withdrawal from my bank account for the last 14 months would be useful evidence?

 

They are saying that I had to give one months notice- hence I am not entitled to my deposit.

 

A, there is no contract verbal or otherwise that mentions this

 

B, I don't even rent on a monthly basis.

 

I am wondering what to do about posting back the key. They have said when the key lands on their doorstep they will forward my mail on to my new address. However I am wondering if I should keep the key until I get my deposit and if I do return it- should I send it via recorded post instead- this seems sensible to me- even though my landlords live about 3 doors up from my new place.

 

regarding the HMRC comment- I am prepared to do this- but at what point should I do that and how would it benefit my situation?

 

Thank you for the replies thus far.

 

I am expecting a call back from CAB any day now from a 'specialist'.

 

Its all a massive headache, but really, I am renting, ergo £485 is NOT just a drop in the ocean to me.

[Glass_half_full!]

Were you paying Council Tax or did they say it was included in the arrangements you made?

 

It was included in the amount I was paying.

[stu007]

Are you actually sure they paid the council tax.

 

Did you see anything from the council tax office with your name on it? (I would ask them for copies of all payments for council tax)

[Glass_half_full!]

Are you actually sure they paid the council tax.

 

Did you see anything from the council tax office with your name on it? (I would ask them for copies of all payments for council tax)

 

No, the flat I rented was at the rear of their large house and holiday let. Therefore I shared their address and never saw anything before they did because (when they felt like it) they passed my post on to me.

[raydetinu]

Couple of things;

As no contract it would be deemed to be an AST (six months then reverts to a PST, monthly ) standard format, so you would have to give the LL 4 weeks notice as you paid on 4 week basis. How much notice did you give them? Also as you have not returned the key technically you are responsible for the flat and the rent.

On the other hand your deposit should have been protected within 30 days and the PI given to you.

 

I would suggest the way forward would be to take the key back, get your post and forget your deposit.

You could sue for your deposit back but they would counter sue for no notice and you still had the key.

You could consider going to court for non-protection but that is expensive and risky. ( not SCC ).

[Glass_half_full!]

If I am going to kiss the deposit goodbye is there at least some measure I can take to have their various other misconducts recognized? i.e. my post and lack of DPS?

 

I am not particularly thrilled at the idea of going to court, but neither am I very keen on being trampled on by those with money.

[mariner51]

One other question - was your flat self-contained with separate front door and no access to other part of LLs property?

 

There was a verbal agreement in place, however brief, signified by deposit, paying rent and occupation.

 

Your least stressful solution would be to sue LL in SCC for return of full deposit. LL will prob countersue for deposit in lieu of due rent (4 weeks+ and any attributable T damage) so you could end up with a piric victory (no money)

 

We all eventually get trampled on, sometimes by people with more money, sometimes from those with little or no money.

[Glass_half_full!]

One other question - was your flat self-contained with separate front door and no access to other part of LLs property?

 

 

Not sure.

 

The room I rented was above their garage- I had to access their house to use the washing machine.

 

It did have its own entrance, but only in so much as the garage was a separate building to the rest of the house.

 

Is it any use mentioning that for this 'rental agreement' I had no proper cooking facilities and the only access to water was from the bathroom sink?

[Steve__M]

I suspect that the LL will argue that you were a lodger as you accessed their house for washing and had no kitchen. Therefore it is a lodger agreement, not an AST, which means no requirement for deposit protection. And no tax need be paid (if total rent below £4000 or so per year).

 

And they will argue that you didn't provide any notice (you haven't said what notice you gave).

 

Did they promised cooking facilities and then not provide them?

[Glass_half_full!]

I suspect that the LL will argue that you were a lodger as you accessed their house for washing and had no kitchen. Therefore it is a lodger agreement, not an AST, which means no requirement for deposit protection. And no tax need be paid (if total rent below £4000 or so per year).

 

And they will argue that you didn't provide any notice (you haven't said what notice you gave).

 

Did they promised cooking facilities and then not provide them?

 

They have always referred to the room I rented as a 'flat' which is isn't and to me as a 'tennant'. The advertisement they put out did not advertise for a lodger.

 

I provided a weeks notice which is all I could do seeing as they weren't in the country.

 

They certainly do need to pay tax, £485 every four weeks for 56 weeks is £6790.

 

Therefore for a 12 month period they were taking £4850.

[Steve__M]

They have always referred to the room I rented as a 'flat' which is isn't and to me as a 'tennant'. The advertisement they put out did not advertise for a lodger.

 

I provided a weeks notice which is all I could do seeing as they weren't in the country.

 

They certainly do need to pay tax, £485 every four weeks for 56 weeks is £6790.

 

Therefore for a 12 month period they were taking £4850.

 

I'm aiming to give ideas as to what their defence would be based on the information you gave, not dispute your position. They will market it as a "flat" but whether it is really a flat is a separate matter.

 

You said you contacted them when they were abroad. You did not say that you could not contact them - which seems to be what you are saying now.

 

The tax year runs from April 6th to April 5th, so they are close to the limit if they had no other income but your (and my) suspicion that they have not declared it is still just a suspicion.

 

Ultimately, you write them a demand letter, and then you may need to take them to court. But you probably need to get your story clear if you go to court.

[Glass_half_full!]

[quote=Steve__M;4320206

 

You said you contacted them when they were abroad. You did not say that you could not contact them - which seems to be what you are saying now.

 

The tax year runs from April 6th to April 5th, so they are close to the limit if they had no other income but your (and my) suspicion that they have not declared it is still just a suspicion.

 

.

 

In which case they're still over the tax limit- but regardless of that- it doesn't really help with my issues, but it would be at least satisfying to know they're put right.

 

I tried to contact them and had no answer- it was only by phoning them I discovered they were abroad.

 

Over the course my tenancy there I have had several periods in which I cannot get hold on anyone for weeks at a time, rendering me without the necessary facilities and also unable to receive mail.

 

At this point in time, my main priority is getting my post off them- they've now had it for nearly 4 weeks and regardless of how many times I ring them or knock on the door I can't seem to get it back.

[Conniff]

Tax is liable on 'all' income and should be declared.

[raydetinu]

were you on the electoral register?

If you had shared facilities it would appear you are a lodger and as such no an AST contract.

With regards to your mail maybe going to the Police for help as tampering with the mail is a criminal offence.

Or get a solicitor to write to them and/or go to court to get it back.

[Glass_half_full!]

I was not on the electoral role. I rented this flat for my third year at Bath Spa University so I remained registered at my parents address.

 

I know its too little too late. I'm just gutted at how this panned out and am quickly beginning to think there's little I can do to change the situation.

[mariner51]

Householder could claim £4250 tax free p.a under rent a room scheme.

 

OP thinks some expected important docs for him, have been delivered to main house; so contact the sender(s) for copies to be sent to his home (family) or new address.

 

OP knew 4 weeks Notice was expected, only gave 1 and failed to return keys (through letterbox). Still has them? so I suggest a Judge will not order return of deposit.

[Glass_half_full!]

Householder could claim £4250 tax free p.a under rent a room scheme.

 

OP thinks some expected important docs for him, have been delivered to main house; so contact the sender(s) for copies to be sent to his home (family) or new address.

 

OP knew 4 weeks Notice was expected, only gave 1 and failed to return keys (through letterbox). Still has them? so I suggest a Judge will not order return of deposit.

 

 

I was never told I needed to give notice! There was never any mention of these financial stipulations.

I have asked for new copies to me sent to my new address, however I do not want my banking information in his house.

Why should I return the keys when I've been told in no uncertain terms that they do not wish to see me- so I am therefore posting them recorded delivery.

 

Why should I drop the keys through the letterbox if they are not prepared to open the door and give me my post?

[Glass_half_full!]

Furthermore, the 'rent a room scheme' is completely irrelevant when they were in receipt of £6305 from me pa.