chance of getting deposit back?

[vhb0982]

Hi Everyone,

I have answered the “questions for new posters” below and added a bit more info regarding my specific case. If anyone has had a similar experience and is willing to provide some feedback or advice I would truly appreciate it. Thanks

 

• Whether the tenancy was granted verbally or in writing

- It was a verbal agreement

 

• If it was granted in writing, state the date on which the tenancy began, and the length of the initial term if any.

- it was not in writing but tenancy began on 1st of October 2011

 

• State the amount of the original rent and how often the rent is payable (e.g. per week, per calendar month, per quarter, etc). If the rent has been increased, for each increase state the date on which this occured and the new rent.

- rent was £700 and no increase was made

 

• If the tenancy has ended, state how it was ended (e.g. notice by the landlord, notice by the tenant, agreement of both parties, etc), and state the date on which the tenant moved out.

- It was ended by me the tenant and I gave the landlord 1 months notice prior to vacating the room. Notice was given on 1st of December 2011

 

 

A bit more info:

I had to give notice to move out as the property was infested with rats that were everywhere in the kitchen. Another thing happened where another tenant gave notice a few days before us and the landlord waited for her to pay the last months rent as agreed and once she was out he went into her room and put her belongings in black plastic bags plus he told her she had a day to leave the house.

 

The police was called after he tried to take the keys from her by force and once the cops arrived they gave him a grilling and took all the spare keys from him and gave them to us. I had already given notice at this point but he left me alone and promised to give me the deposit back once he found someone else for my room.

 

The landlord actually lives in the property with his girlfriend and rents out the other 2 rooms. He does not provide any services to tenants and the bills are all included in the rent. Since I don’t have a tenancy agreement what are my chances of recovering my deposit through small claims court? I have already sent him a few letters asking for the money and told him I would take legal action if I am not paid, I have done this just to save time in case I do have to go to court if I have a case that is. Any help or input is appreciated thanks in advance.

 

Vic

[Bang!]

Where in the UK are you (to see if you are an excluded occupier, or common law tenant)?

 

Other than that the small claims court seems the most likely option, although do you know if you live in an area operating a protected deposit scheme? It will be worthwhile to call your local authority to check as this would make things massively simpler.

[vhb0982]

The room I rented was in London. I am still living in london at a different property now.

[Bang!]

Thanks.

 

You tenancy agreement is one where you are and do you know if your local authority runs a protected deposit scheme? This is where the landlord is required to place the deposit with an authorised third party (to ensure its not just kept - which is often the case).

 

Despite your having no agreement (which is both acceptable and common with your type of tenancy), and having very few tenants rights, you should be entitled to the return of your deposit (minus any arrears/damage).

 

Have your letters to the LL all been ignored, or has a reason been offered for non payment?

 

Can you show you had paid a deposit prior to moving in (receipt, cheque, bank transfer etc)?

[vhb0982]

Have your letters to the LL all been ignored, or has a reason been offered for non payment?

- Yes he has not replied to any of the letters. When I phoned him just after I moved out he said that we had a 6 months verbal agreement which is not true.

 

 

Can you show you had paid a deposit prior to moving in (receipt, cheque, bank transfer etc)?

- yes I paid him via bank transfer and have all the statements to prove it.

 

 

just one more thing to add is that on the 21st of December he phoned me and said that if I moved out that day I would get my deposit back on the 1st of January but if I didnt he would not give it back to me however the day I handed the keys back he had a change of heart and promised to pay me back as soon as the other tenant paid him. I believe he told me that on the 21st because he had already found someone for the room and they wanted to move in so he would be able to get paid an extra week.

 

I dont really know what I could have done legally to make him pay me before I left the house. I didnt want to "punch him in the face" though it felt like a good idea otherwise I would end up getting a police record because of an idiot.

 

thanks for the help so far Bang!

[vhb0982]

Hi Guys,

 

Thanks for the help so far. I am going to initiate a small claims procedure against my landlord since he has not replied to my letters or phone calls. Since I didn't have a tenancy agreement, was the landlord obligated to place my deposit in a secure deposit scheme?

 

thanks

 

Vic

[Snorkerz]

The landlord had no obligation to 'protect' your depoit as that only applies to AST tenancies, which yours was not (resident landlord).

 

This may repeat what you already know, but may be useful: http://tenancyanswers.ucoz.com/index/court_information/0-53

Read EX50 regarding fees, and ex160a refarding fee remissions http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do