Serial deposit keeping landlady

[nolies]

Hi,

 

I have been living as a lodger in a house with the landlady and sometimes 1, 2 or no other lodgers. During my stay, 3 other lodgers left, one sneaking out while the landlady was out, one who had his goods deposited at his place of work because he'd had the nerve to pack his bags and not say he intended to leave, and one who gave proper notice after a seven year tenancy. The first 2 lodgers did not get back their deposits.

 

I moved into the house in March and paid 160 pounds deposit, and 4 weeks rent in advance, followed by 4 or 5 weeks rent each month depending upon how many Sundays there are in the month.

 

One week ago i.e. Sunday 19th August, my landlady and I had an argument which was quite heated and I offered to leave at the end of the week, she accepted this and was so angry that she left a note on the other lodger's door stating that "xxxx has explained to me how intolerable it is for you both to live here, so I expect you to leave on 25/08/07. "

 

My rent was paid up to 2nd September, but I decided to move out the next day.

 

I went back to the house today to return my key and my landlady would not let me through the front door. Nor would she discuss returning my deposit or the rent for next week. She said she was "too busy" and when I tried to arrange a date and time later this week she simply refused to agree to anything, or suggest a convenient option.

 

How can I get my deposit, and next weeks rent back?

 

When I moved in I didn't get a rental agreement, inventory, or recipt for the deposit. I have since received a licence agreement that states that I have the right to occupy a room in the house between 18th March and 28th September. My landlady is implying that because I have left before the end of the term then I am not entitled to a return of my deposit.

 

She has also kept the other lodger's deposit.

[Nightmare4banks]

nolies,in reply to your post:

 

Do a Letter Before Action - LBA and if there is no response,sue in The Small Claims Court!

 

It is as simple as that!

 

You will find template letters in the library on this site.

 

I would advise to send your landlady the key by Recorded Dellivery in a jiffy envelope.Otherwise she will turnaround and say that you left the property but did not return the keys to justify charging you the rent - which in my view she may be able to do.However,the fact that she would not let you enter the property sways the matter in your favour.

 

I hope you find this information useful.

 

If you have any questions,just ask.

 

Keep us posted.

 

All the best!

[nolies]

I gave the keys back and asked for my deposit, but was told that I wasn't due any money back and that she beleived that I owed money to her! It is a complete fantasy on her part. She says that I agreeed to pay for broadband access, which is a complete lie, and that we had a fixed term agreement and so I should pay to the end of the term, again a lie. There were also other lies in the letter that my landlady sent to me. I could not believe how twisted the truth could be and still look reasonable.

 

Anyway, I started a small claim on line. She acknowledged it, but I haven't heard anything else. When I tried to request judgement on the basis of no response, judgement was refused. Does this mean that she has entered a counterclaim?

 

If we end up in court and she still insists on her lies, how can I counter her as there is no written evidence and it will be her word against mine. I really don't want to go to the expense of a court appearance when she is going to lie through her teeth while I am made to look like a liar because I will have to say that everything she is saying is a lie.

[Nightmare4banks]

nolies,in reply to your last post:

 

 

1.All that your ex-landlady has probably done is is acknowledged the receipt of the summons and this means she would be given additional time to respond - 28 days I think.

 

2.You should check with the court by giving the staff a ring to make sure what the exact current situation is.

 

3.Regarding the lies,as long as you are frank and honest you will win by the way if you are not that could potentially lead to you being put in prison!Judges know that a tenant that goes as far as taking an ex-landlady to court is "balance of probabilities" telling the truth.

 

So,chill out!

 

I hope this helps.

 

If you have any more questions,just ask.

 

Keep us posted.

 

All the best!

[nolies]

I have just phoned the helpline and been told that my LL has filed a defense and couterclaim! My claim from her was for 240 pounds and now she has counterclaimed 380 pounds.

 

How do I stop this from escalating, she obviously thinks she is going to win, which she can only do if she lies.

[Nightmare4banks]

nolies in reply to your last post:

 

1.You CANNOT stop anything from escalating.This could just be a tactical move on your ex-landlady's part in order to scare you off.

 

Before I comment/suggest any further,please answer the following question:

 

What is the 380 pounds counterclaim for?

 

Please explain in more detail if you know and if not request a copy of the counterclaim from the court - if you have not received it yet.

 

This further information may hopefully enable me to assist you further.

[nolies]

Well, the case went to court. LL claimed that I had agreed to pay extra for broadband and extra nights accommodation. Totally false. Judge believed her. My claim thrown out, I now have to pay her 450 pounds and lose the 240 that she owed me. I didn't get a copy of LL's statement before the hearing, but she had a copy of mine. I couldn't go to the hearing, so I've no idea what happened or why my claim was dismissed. Don't the rules about perjury apply in Small Claims court?

 

If this is justice I can't see why anyone would bother.

[nolies]

OH yes, the judge also ignored the fact the in her response to the original claim the LL admitted that she owed me 130 pounds!

 

Was the judge blind!

[will77]

how do you expect to convince a judge if you don't even turn up to the court?

[Planner]

how do you expect to convince a judge if you don't even turn up to the court?

 

I have to agree, you have commited the cardinal sin of small claims, not turning up. What ever the reasons where that you couldnt make it you should have contacted the court and arranged a different date. What a shame to get so far and fall at the last hurddle. In honesty you are lucky you got off so lightly and she didnt start claiming a day off work and travel costs etc.

[nolies]

What makes you think she didn't claim all those things?

 

I wrote to the court asking for my case to be heard without me using my written statements. The costs for me to travel to the court would have been more than my claim.

[nolies]

In response to the previous 2 posters - you are saying that anyone who for whatever reason can not attend a hearing might as well not bother making a claim.

 

So what's the point then?

 

In no way do any of the articles about small claims court make this assertion. If they did I would never have started my claim as I knew all along that I couldn't possibly attend a hearing whatever date was set.

[Planner]

What makes you think she didn't claim all those things?

 

I wrote to the court asking for my case to be heard without me using my written statements. The costs for me to travel to the court would have been more than my claim.

 

I dont know, did she claim those things? its difficult to tell from your postings, if your submitted case was as flakey as your postings on here then in all honesty, what did you expect? It seems that you thought your sense of Righteous indignation would be enough to see a successful claim, that simply isnt the case. You have to work for a victory. I am surprised that you didnt research your position a little more before submitting a claim or ask for more advice on here, by your second post you had submitted a claim? not really thoughtout IMHO.

 

I find it difficult to believe that it would have cost you more than what you now have to pay £450 + £240 lost?! to travel to the hearing. Why was the case not held in your home town anyway?

 

Sorry to sound negative but it looks like you have been sloppy and are now unfortunatley paying for it.