Landlord refusing to return rent

[poolking]

Question for you all

 

I was coming to the end of my contract with my landlord, 3 wks before moving out she asked me to move out in 40 mins time, due to a report of common assult against a tennaent in the household.

 

The deposit has been returned, but she is refusing to return the last 3 wks of my rent claiming that i forfiete that due to the assult claim.

 

The common assult claim was dropped by cps.

 

Please advise about the corrent way to get my rent back.

 

thanks alot

[MrShed]

Did the assault take place, or was there grounds for the claim? Be honest.

[Planner]

Did the assault take place, or was there grounds for the claim? Be honest.

 

Assuming this is an AST and not some kind of live-in landlord/lodger arrangement, I think the situation regarding the assult is irrelevant.

 

Can you confirm this was a fixed term AST (6/12 months)?

[MrShed]

I dont think it is personally - I know where you are coming from, but there is nothing here showing that the OP was prevented from using the property, only that he was asked to leave and complied with this request. That is not unlawful eviction.

 

The reason the alleged assault is important in my view is that, irrespecitve of what the law says, I suspect a court may view it as "brought on himself" that he could not use the property for the remainder of that month, and not award the rent. I, for one, would agree with them - IF the assault actually took place.

 

In addition, it fully depends on the conversation the landlord had with the OP(the EXACT conversation), and the level of involvement of the police.

[Planner]

We will just have to disagree!

 

This reeks of unlawful eviction to me. poolking, you need to flesh your question out with some additional details.

[MrShed]

Fair enough Planner - we can agree to disagree

 

I know what you mean about UE - could be, but we dont know the conversation. If he was "asked" to leave, then he could have said no - that isnt UE. UE is a clear attempt to PREVENT the tenant full access, which asking him to leave would not be.

[poolking]

The assult didnt take place. It was one of the tennets way of getting me out of the property, as she was my ex girlfriend and the landlord is her sister.

 

I paid my rent on the 24th of the month for one month, but then she asked me to move out 1 week in to that month, there i am surely owned 3 wks rent back of her???

 

Had been living in the accomendation for 12 months when this had happened!!

Edited August 20, 2008 by poolking

[Planner]

I think you are as well. The landlord is acting as judge, juror and executioner on this which is totally unacceptable.

 

The way forward will depend on your answer to my first post, what type of letting arangement was this?

[poolking]

the room was advertised on gumtree.com, and i had a contract for the roomshare the landlord also lived in the flat, she is also a police officer.

[MrShed]

Can you tell us EXACTLY how the conversation went? I think what specifically was agreed is key here.

[Planner]

the room was advertised on gumtree.com, and i had a contract for the roomshare the landlord also lived in the flat, she is also a police officer.

 

This reduces your rights quite considerably.

 

As Mr Shed says, what was agreed in the conversation?

[MrShed]

It removes the UE part Planner certainly

 

However, I am swinging back to your way of thinking that the OP is due this rent back DEPENDING upon the conversation.

[poolking]

the landlord return to th flat after the allegend inncerdent. she asked me what had happened, i reply with nothing, just a diagreeement, she then said youve got 40 mins to pack a bag ad move out of the flat, if not im calling the police and ill have u arrested for assult, she then took my key of me. We agreed that i could get return the following wk and collect all my belonging, at this point i was told that there was a case agaisnt me for common assult. I also gave her a letter outlining my deposit and the rent which was due back to me. After talkng to the police the following day i arranged to go in and make a statement. I then recieved a letter from the landlord saying that i forfiet the rent due to the criminal procedding against me.

 

She sent me my desposit back minus 50 pound, which she claims was due to a mark on the wall, although the night i moved out she agreed everything was ok.

 

I can accept 50 pound being taken out of my deposit, but im due 350 pound back in rent, for the rest of the month.

 

I had been in the property for a year at this point aswell.

[MrShed]

Can I ask why you have not pursued for wrongful arrest if the charge made was fabricated?

[Planner]

There are two distinct threads here (or at least there should be). One is the criminal matter of the alledged assualt (which I am not going to comment on), the second is the civil matter of the none returned rent.

 

As you had a live in landlord, you have very few rights and what rights you do have are only goverened by common-law. Common law states that you should give reasonable notice to leave and in term the landlord should give you reasonable notice if they want you to leave. I think your ex-ll will find it difficult to defend that 40 minutes is reasonable (did you have any kind of written agreement at all?).

 

The only way (I see) that you are going to get your rent back is with a county court claim. Its just very unfortuante (it shouldnt be but it will be) that the defendant is going to be a police officer.

 

In terms of the assualt, im assuming the LL was off duty? I think you should look very closley to see if there was any abuse of there police officer status here.

[MrShed]

There are two distinct threads here (or at least there should be). One is the criminal matter of the alledged assualt (which I am not going to comment on), the second is the civil matter of the none returned rent.

 

Good point

[poolking]

In terms of the criminal matter, the case was dropped by the CPS, due to both statements been so different and lack of evidence.

 

My only option i precive i have is to take my claim to the small claims court? would u all agreee?

 

Have made a compalent agsint the officer for abuse of powers already.

[MrShed]

Correct.

[poolking]

another question for you all then, she has sent me the deposit in a cheque, BUT on the back of the cheque she has put, if you cash this cheque you accept that all monies are settled?

 

what the hell?

[MrShed]

Full and final settlement.

 

Apparently, this is not legally enforceable. However, I would advise not to bank the cheque.

[BADGER 69]

Hi Poolking.

If I were you I'd tell your Landlady (police officer) that unless your rent is returned to you you will take the matter up with the Chief Constable of the force that she is with.

[MrShed]

That is blackmail - I cannot, absolutely cannot, advise that line of action.

[poolking]

but the cheque is my deposit, when i take the claim to the small claims court,she will say that i already have the deposit, but obviously i can say that she wrote on the back, what do u all recommened?

[MrShed]

I can only recommened that the safest course of action is to NOT bank the cheque. It will be fairly easily challengable, but it is not guaranteed to be challengable.

[BADGER 69]

That is as may be Mr Shed, but the landlady is someone in a public office and as such should act with integrity, she is obviousely not, and thus should be reported anyway.