Landlord won't give my deposit back!

[trancemark14]

I was hoping someone could help me. I found a room via flatshare and I was given a tenacy agreement which states me deposit of £285 would be put in a Tenancy Deposit Scheme and moved into the property last year back in 11th December

 

It was a 3 month contract and I left on 11th April and the place was full of mould (which I have pictures of) and now the landlord is avoiding my calls. The place is council and he has converted the living room to his bedroom and rented his old bedroom to me so not sure if he is breaking the law there. I also have proof that I paid the deposit on the day of moving as well.

 

The landlord also mentioned that he did not put the money into a tenancy deposit scheme. I am also a bit worried because once or twice he asked if I could pay him cash and I didn’t think to ask for a receipt but the last 2 months I paid into his bank account. Any advice would be much appreciated.

 

He also told me all bills were included via flatshare and on the tenancy agreement it said I would have to pay council tax but he said don’t worry about that as he will pay it then I found via his council tax bill that he is claiming to live alone, further to this he is also avoiding paying his tv license as they have knocked twice. I have since left the property but I desperately need deposit back. I would be grateful for some advise.

 

Thanks.

 

Mark

[citizenB]

How did you make the payments into the LL's bank account ?

 

I am sure someone will be along soon to help, but meanwhile you might want to have a peek at Shelter's website - they dont just deal with homelessness. You can also telephone them for free.

 

http://england.shelter.org.uk/get_advice/private_renting

 

Contact Shelter's free housing advice helpline on 0808 800 4444 (calls are free from UK landlines and main mobile networks).

[trancemark14]

Thanks, I made payment to his account when I moved in which was month's rent and deposit of £285 which I have printed and once or twice I paid him cash because his account was overdrawn and also on tenancy it has someone else's name as the landlord too. I will look at Shelter website. Like I said his property was council and he converted his living room to a bedroom and rented out his spare room to me and I know he hasn't been declaring this as an income and he also hasn't put deposit into a Tenancy Deposit Scheme either.

[citizenB]

If there is nothing in the FAQ section of Shelter, then telephone and ask to speak to someone

[rebel11]

Hi trancemark14

 

Here's some info:-

 

http://england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/deposit_protection_and_tenancy_deposit_schemes

 

If you've made withdrawals from your account to show that the money was withdrawn to pay the rent that might suffice.

 

Send the letter Recorded Delivery. Also you could right on the letter, the following:-

 

CC: XXXXXXX Council, Housing Department, XXXXXXXXX, XXXXXXXXX, XXXXXXX, XXXXXX

 

It would certainly get him thinking about returning your deposit.

[trancemark14]

I'd rather take him to court and he is avoiding me on facebook, blocked me, changed his name and won't answer calls and he never answers door. Do i need to write letter?

[trancemark14]

Thanks for advise. I have proof of withdrawal when I gave him cash the both times and proof i paid him into account and have printed this all off and he told me he never put deposit into a scheme!

[rebel11]

Let us know how you get on.

[trancemark14]

Ok, told council who told me that he is breaking law and they will fight to get deposit back and on phone to shelter now who told me there is a few grey areas...

[mariner51]

'LL' resided in same flat at same time as you, so you were a lodger, & deposit protection not required. I doubt he gave you a Contract stating Assured Shorthold Tenancy

IMO your only hope it to sue for return of deposit in SCC, start with written LBA posted to his First Class (get free Cert of Posting).

It would appear he has breached his Tenancy Agreement (sub-letting, overcrowding) and defrauded Council over C-Tax so I assume he will be evicted soon. Don't expect to get your deposit back. Sorry.

[trancemark14]

ASSURED SHORTHOLD TENANCY FOR FURNISHED ROOM

 

 

AGREEMENT dated the 11th day of December 2013

 

Landlord:xxxxxxxxxxxx xxxxxxxxxxxxxx

 

Tenant:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

Property: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

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Term:A term of 3 months minimum from the xxxxxxxxxxxxxxxxxxxx

 

Rent:xxxxxxxxx per calendar month payable in advance on the 11th day of every month (“Due Date”) during the term of the tenancy

 

 

LETTING

The Landlord lets and the Tenant takes the Property for the Term at the Rent.

 

INTERPRETATION

Any obligation on the Tenant in this Agreement not to do an act of thing includes an obligation not to permit or suffer another person to do such act or thing.

Whenever there is more than one person comprising the Landlord or the Tenant their obligations may be enforced against all of them jointly and against each of them individually.

The Landlord and Tenant do not intend that this Agreement should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.

An obligation in this Agreement to pay money includes an obligation to pay Value Added Tax in respect of that payment.

 

THE DEPOSIT

The Tenant must pay a deposit of £285 (“Deposit”) to the Landlord or the Landlord’s agent on the signing of this Agreement.

The Deposit is a “tenancy deposit” as defined in section 213(8) of the Housing Act 2004. The Landlord must deal with the Deposit in accordance with an authorised scheme under section 213(1) of that Act.

The Deposit is paid as security for the performance of the Tenant’s obligations in this Agreement. The Landlord may use the Deposit to compensate himself for the reasonable costs of any breach by the Tenant of those obligations.

[The Deposit is to be held by the Landlord in accordance with an approved Tenancy Deposit Protection Insurance Scheme.] [The Deposit is to be held by the Deposit Protection Service.]

The Landlord has provided or will provide within 30 days of the Deposit being received the information required under section 213(5) of the Housing Act 2004 as set out in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 (SI 2007/797).

The Landlord and Tenant agree that interest (if any) accrued on the Deposit shall be paid to the Landlord.

The Landlord shall notify the Tenant within 10 working days of the tenancy ending if the Landlord intends to withhold all or part of the Deposit.

The Landlord shall inform the administrator of the tenancy deposit scheme within 20 working days of the end of the tenancy either that the Deposit is to be repaid in the sum agreed between the Landlord and Tenant or that the parties are in dispute as to the amount to be repaid.

 

THE TENANT’S COVENANTS

The Tenant agrees with the Landlord:

Rent, Council Tax and utilities

To pay the Rent in advance on the Due Date without deduction or set off and by the method specified to the Tenant in writing by the Landlord.

To pay all Council Tax and to indemnify the Landlord in respect of any Council Tax which (during the tenancy) the Landlord becomes obliged to pay because the Tenant ceases to live at the Property.

To pay to the relevant authorities all charges in relation to the supply of electricity gas or water (including sewerage) services to the Property during the tenancy and to pay all charges for the use of any telephone and cable services at the Property during the tenancy. Where necessary the sums demanded by the service provider will be apportioned according to the duration of the tenancy. The sums covered by this sub-clause include standing charges or other similar charges and Value Added Tax as well as any charges which may be made for actual consumption.

Not to change any of the service providers or metering equipment without the written consent of the Landlord.

Not to change the telephone number(s) allocated to the Property at the date of this Agreement.

To pay the television licence fee in respect of any television set at the Property.

If the Tenant has hired any television receiver video equipment cable equipment or similar to arrange for its return to the hirer at the end of the tenancy.

Repair and maintenance of the Property

To use the Property in a reasonable and careful manner and not allow it to deteriorate and to keep the interior of the Property in good and clean condition.

To make good all damage caused to the Property (including the Landlord’s fixtures and fittings) or to any other property owned by the Landlord through:

any breach of the obligations set out in this Agreement;

any improper use by or negligence of the Tenant or any person at the Property with the Tenant’s permission.

Subject to the Landlord’s obligations in clause 7 to ensure that all taps baths wash basins WCs cisterns domestic water heaters and internal pipes together with drains gullies downpipes and gutters in or connected with the Property are kept clean and open and not to damage or obstruct the pipes wires conduit fittings or appliances within or exclusively serving the Property.

To keep the Property heated to a reasonable level during the winter months to prevent damage to the Property or the water pipes drains tanks and other plumbing apparatus by cold weather.

To replace all light bulbs batteries and electrical fuses which become defective.

To give the Landlord written notice of any damage destruction loss or happening to the Property howsoever caused as soon as it comes to the attention of the Tenant.

If the Landlord gives to the Tenant written notice of any failure to carry out any repairs which are the obligation of the Tenant under this Agreement to carry out such repairs within a reasonable period of receiving such notice or immediately in the case of an emergency failing which the Landlord or his agents and workmen shall be entitled to enter the Property to perform the said works the cost of which will be paid by the Tenant to the Landlord upon demand.

To have all carpets professionally cleaned at least once in every twelve months throughout the tenancy and at the end of the tenancy.

To give notice to the Landlord or proper sanitary authority if disinfection or fumigation is required in consequence of the occurrence of any infectious or contagious illness or infestation of rats mice fleas insects and the like on the Property and (if the problem has been caused by the Tenant his family or visitors) to bear the cost of any remedial action taken and further to pay for the cost of redecoration when necessary and replace or pay for the replacement of any articles which require to be destroyed on account of such infection infestation or contagion.

To clean the windows at least every 3 months and at the end of the tenancy and to replace any damaged or broken glass as soon as possible where the Tenant his family or visitors have caused the damage or breakage.

To place all refuse in a proper receptacle and to ensure that rubbish is regularly collected by or on behalf of the local authority.

To maintain the garden and keep it free from weeds and litter and not to make any alteration to the layout of the garden or to the composition of trees shrubs plants or turf.

 

 

Access for Landlord

To allow the Landlord and/or his agent or anyone with Landlord’s written authority together with any workmen and necessary appliances to enter the Property at reasonable times of the day to inspect its condition and state of repair and to carry out any necessary repairs provided that the Landlord has given reasonable notice (with regard to the work to be undertaken) beforehand and not to interfere with or obstruct any such persons.

In cases of emergency to allow the Landlord or anyone with the Landlord’s authority to enter the Property at any time and without notice.

During the last 60 days of the tenancy to allow the Landlord and/or his agent to enter and view the Property with prospective tenants or occupiers at reasonable times of the day and subject to reasonable notice (usually 24 hours).

To allow the Landlord and/or his agent access to inspect the Property by prior arrangement at quarterly intervals throughout the tenancy and in the final month of the tenancy.

Use of the Property

To use the Property as a private home only and not to carry on any profession trade or business at the Property.

Not to do anything on the Property which may be a nuisance to or cause damage or annoyance to the Landlord or the tenants or occupiers of any adjoining property.

Not to use the Property for any illegal or immoral purposes.

Not to use the Property in a way which contravenes a restriction affecting the Landlord’s freehold (or superior leasehold) title which the Landlord has brought to the Tenant’s attention.

Not to cause or permit any dangerous or inflammable substance to collect in or on the Property apart from those needed for general domestic use.

Not to display any notice or advertisement that is visible from outside the Property.

Not to keep on the Property any animal or bird or domestic pet without first obtaining the Landlord’s written consent.

Not to leave the Property unoccupied for more than 21 consecutive days without giving notice to the Landlord.

Not to smoke at the Property.

To comply with any planning conditions affecting the Property which the Landlord has brought to the Tenant’s attention.

Not to apply for planning permission in respect of the Property.

Not to assign or sublet the Property or any part of the Property and not to part with possession or share occupation of the Property or any part of it.

Not to permit any person to occupy the Property as a lodger.

Not to do any act or thing which may make void or voidable any policy of insurance on the Property (details of which policy have been provided to the Tenant) or which may cause an increased premium to be payable and to repay to the Landlord on demand all sums from time to time paid by way of increased premiums and all expenses incurred by the Landlord in relation to any renewal of such policy made necessary by a breach of this sub-clause.

Not to make or have made any duplicate keys to the Property nor to replace or add any new locks to the Property without the previous written consent of the Landlord (except in emergency) and the Tenant undertakes that one full set of keys to the new locks shall at the Tenant’s expense be provided to the Landlord or the Landlord’s agent.

Not to alter add to or interfere with the appearance structure exterior or interior of the Property or the arrangement of the fixtures belonging to the Landlord.

Not to alter injure or affix anything to the walls or damage the floors wiring pipes or drains of the Property and not to alter or extend any electrical wiring plumbing or gas installation on the Property.

Not to erect or place in or affix to the Property any satellite dish or television aerial without the prior consent in writing of the Landlord.

Not to be receiving any government social housing benefits to pay for rent.

Be a professional and have a full or part time job.

Notices

Within 7 days of receipt of any notice direction or order affecting or being likely to affect the Property to deliver such a copy of such notice to the Landlord and not to do anything as a result of the notice direction or order unless reasonably required to do so by the Landlord.

To forward to the Landlord within 7 days of receipt any post or other items delivered to the Property addressed to him.

End of the tenancy

At the end of the tenancy to remove the Tenant’s belongings from the Property and leave the Property clean and tidy so that the Property is ready for immediate re-occupation.

To hand over to the Landlord or the Landlord’s agent on the last day of the tenancy all keys to the Property and if the Tenant fails to comply with this sub-clause the Landlord shall have the right to change all security locks to the Property at the Tenant’s expense.

The tenant is not allowed to apply for any type of government social or housing benefit to pay for the monthly rent. Failure to do so, will result in the contract being cancelled and the tenant belongings removed from the property.

If the Tenant’s belongings or any items belonging to members of the Tenant’s household shall not have been removed from the Property at the end of the tenancy:

if the remaining items prevent the Landlord from re-letting the Property to pay the Landlord damages at the rate equal to the rent then payable for the Property until the Tenant shall have removed all such items; and

if the Tenant fails to remove the goods in a reasonable time the Landlord will be entitled to remove the goods and the Tenant agrees to indemnify the Landlord for all reasonable expenses incurred in the removal and/or storage or disposal of the goods.

Landlord’s costs

To indemnify the Landlord against all reasonable costs and expenses arising from any breach of this Agreement by the Tenant.

To indemnify the Landlord in respect of all reasonable costs incurred by the Landlord in enforcing the terms of this Agreement against the Tenant.

To pay all reasonable expenses incurred by the Landlord in preparing and serving:

any notice under section 146 of the Law of Property Act 1925 even if forfeiture is avoided without a court order;

a schedule of dilapidations recording the Tenant’s default as regards the state of the property at the end of the tenancy.

 

LATE PAYMENT OF RENT

If any Rent shall without prior agreement be in arrears for 7 days after the same shall have become due (whether formally demanded or not) interest at 2% above the base rate of Barclays Bank plc shall be payable by the Tenant.

 

FORFEITURE

If the Rent is at least 7 days overdue (whether formally demanded or not) or if there has been a substantial breach of any of the Tenant’s obligations in this Agreement the Landlord may forfeit the tenancy (i.e. bring it to an end) and recover possession of the Property. The other rights and remedies of the Landlord will remain in force.

(Note: This clause does not affect any rights of the Tenant under the Protection from Eviction Act 1977. The Landlord cannot enter the Property or evict a Tenant without a court having first made an order for possession).

The Landlord can only remove the Tenant from the Property by giving the Tenant notice in writing of his intention to seek a possession order (even after the Term of this Agreement has expired) and by obtaining a court order. The court will only order the Tenant to leave the Property before the expiry of the Term if one of the following reasons is proved (being grounds set out in Schedule 2 to the Housing Act 1988):

Ground 8: that both at the date of service of notice of the landlord’s intention to commence proceedings for possession and at the time of the court hearing there is (a) at least eight weeks’ rent unpaid where rent is payable weekly or fortnightly, (b) at least two months’ rent unpaid if rent is payable monthly, © at least one quarter’s rent more than three months in arrears if rent is payable quarterly or (d) at least three months’ rent more than three months in arrears if rent is payable yearly.

Ground 10: that there is some rent outstanding both at the date of service of notice of the landlord’s intention to commence proceedings and on the date on which proceedings are begun.

Ground 11: that the tenant has persistently delayed paying rent.

Ground 12: that any obligation of the tenancy has been broken or not performed.

Ground 13: that the condition of the property or the common parts has deteriorated because of the behaviour of the tenant or any other person living there.

Ground 14: that the tenant or someone living at or visiting the property (a) has been guilty of conduct which is or is likely to cause a nuisance or annoyance to neighbours or (b) has been convicted of using the property or allowing it to be used for immoral or illegal purposes or has committed an arrestable offence in, or in the locality of, the property.

Ground 15: that the condition of any furniture has deteriorated because it has been ill-treated by the tenant or someone living at the property.

Ground 17: that the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant’s instigation.

THE LANDLORD’S OBLIGATIONS

The Landlord agrees with the Tenant:

That the Tenant may quietly possess and enjoy the Property during the tenancy without any interruption from the Landlord or any person claiming under or in trust for the Landlord.

To return to the Tenant any Rent payable for any period during which the Property has been made uninhabitable provided that the Property has not been made uninhabitable by the wilful destruction or negligence of the Tenant.

To repair the structure and exterior of the Property including drains gutters and external pipes.

To repair and maintain in working order the apparatus in the Property for the supply of water gas and electricity and all sanitary apparatus and the central heating and hot water systems.

That the Tenant is not required to repair damage to the Property where the Landlord can claim the cost of repairs under any insurance policy maintained by the Landlord provided that this exception will not apply if the Landlord cannot obtain the insurance proceeds because of the Tenant’s acts or default or those of the Tenant’s family or visitors.

 

TERMINATION

The Landlord may give not less than 3 months prior written notice at any time to end this Agreement provided that such notice must expire on the last day of a rental period and must not expire sooner than 6 months from the start of the tenancy.

The Tenant may give not less than 3 months prior written notice at any time to end this Agreement provided that such notice must expire on the last day of a rental period and must not expire sooner than 6 months from the start of the tenancy.

 

NOTICES

Under section 48 of the Landlord and Tenant Act 1987 the Tenant is hereby notified that notices (including notices in proceedings) must be served on the Landlord by the Tenant at the following address:- xxxxxxxxxxxxxxxxxxxxx

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[if the Tenant serves a notice on the Landlord he must also send a copy to the Landlord’s agent at the following address: xxxxxxxxxxxxxxxxxxxx

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The Landlord must serve any notice on the Tenant at the Property.

 

JURISDICTION

This Agreement shall be governed by the law of England and Wales.

 

 

SIGNED by

 

 

 

xxxxxxxxxxxxx

On behalf of the Landlord

 

 

SIGNED by

 

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Tenant(s)

[rebel11]

Hi mariner51

 

Unfortunately the OP didn't know this at the time.

 

'LL' resided in same flat at same time as you, so you were a lodger, & deposit protection not required. I doubt he gave you a Contract stating Assured Shorthold Tenancy

IMO your only hope it to sue for return of deposit in SCC, start with written LBA posted to his First Class (get free Cert of Posting).

It would appear he has breached his Tenancy Agreement (sub-letting, overcrowding) and defrauded Council over C-Tax so I assume he will be evicted soon. Don't expect to get your deposit back. Sorry.

[trancemark14]

What does OP mean? Sorry original post. God i'm getting old lol

[Lea_HTH]

For the record it is not illegal to rent a room in a council property - the subletting clause in social housing tenancy agreements relates to subletting the whole of the property. If the tenant remains in occupation, even if only in one room, then taking a lodger is permitted. It is not cause, or reason, for the local authority to claim possession, nor would they obtain a possession order if they took it to court (would be struck out) - most local authorities are accepting of, and some encourage, their tenants to take lodgers in order to help pay rent. It is not necessary to declare such rent if it falls below a certain amount (which a deposit of £285 for the month would indicate it does if it is reflective of the monthly rent).

 

The council tax reduction is another matter - claiming a single person discount could cause problems - but the likely request would be to pay the outstanding sum for the three/four months the OP was in occupation.

[citizenB]

OP - Original Poster

[rebel11]

http://www.adviceguide.org.uk/wales/housing_w/housing_renting_a_home_e/housing_subletting_and_lodging_e/housing_subletting_e/unlawful_subletting_of_social_housing_criminal_offences.htm

[trancemark14]

I've been told differently by the council which is if it's a one bedroom flat he can't rent out because it's only a 1 bedroom and converting his living room to a bedroom and renting out his old room is illegal and that with regards to council tax it is his responsibility to notify them of the changes within his household. I was paying £380 a month which is over the 4k tax allowance so he does have to declare it. I have sent the letter today saying I want the money but Wednesday 30th April otherwise I will have no choice but to take him to court attached with court claim form and I have proof I paid deposit and paid the rent during my 4 months stay at the property. The place was also in such poor condition in terms of mold and does anyone know who I can speak to about this because during my time there I was unwell on a few occasions due to the basic hygiene of the flat!!

 

Regards.

 

Mark

[Lea_HTH]

Whoever told you that at the council was an idiot, because it is not 'illegal'.

 

But, feel free to believe whatever you wish. £380 for four months is NOT over the tax limit and does NOT have to be declared.

[trancemark14]

Whoever told you that at the council was an idiot, because it is not 'illegal'.

 

But, feel free to believe whatever you wish. £380 for four months is NOT over the tax limit and does NOT have to be declared.

 

He has had other people before me so 380 x 12 is over 4k