Cheating landlord not returning deposit+rent

[prateek_m19]

Hi, I am new to this site, so not sure about where to post my questions...hence putting it into the 'Welcome' section...I have had a very nasty experience with my landlord...

 

I rented a double room in a flat sharing system; this was my first time as a lodger...On the 10th of September (Monday), I deposited a full month's rent of £450 directly into the bank account of my landlord and then collected the key and put some of my stuff in, before leaving for london..The flat had two rooms, one for me and the other for another lodger...The landlord would use a bedroom put in the living room, over the weekend when he would come from london, where he works..

 

I returned on Saturday (15th Sept)...I paid the deposit of £450 in cash on sunday and signed a standard agreement, which he also signed and we each had one copy...Then he left for london and I saw him next on Friday (21st Sept)...On saturday morning, he woke me up and accused me of stealing something from the shared living room..He started yelling and told me to get out...

 

I packed all of my stuff and called the removal vans...When i went to ask for my deposit, he told me to come at 4 pm for the deposit and next week for the remaining rent that was due..When I objected he pushed me on the chest and hurled abuses at me.I was afraid that he might assault me..At this point I was really scared...I went back to my room and called the police, then collected my valuables, locked my room and went outside the building to wait for the police..The police had a chat with him..he had too much to drink..I was able to come back and get all of my belongings..I returned the keys and he told me that he would transfer the money- the deposit (£450), two week's rent (£130) on a working day that is Monday which is today...

 

Given his nasty behavior, I have a feeling he might not return the money...The agreement which i signed states that before leaving, a month's notice has to be given by the lodger or the landlord whichever applies...'Anything less than this is subject to a daily rental charge by the lodger'...I guess that this is the sticky bit, he doesn't have to give me anything....but what about the deposit...

 

I am entitled to my full deposit...The agreement states that I would be returned the full amount if all utensils and property were found to be in the same condition as when i arrived..Unfortunately I didn't take any pictures when i arrived...but i just lived in the room and property for 6 days...

 

I want to know where should I go for getting my deposit and if possible my remaining rent...Do i stand much chance? In terms of evidence I have the agreement...It states that I have paid £450 rent and another £450 as deposit...plus the police members who came, they knew that i was kicked out on Saturday 22nd sept...Can I bring them as witnesses or something...sorry if I am coming across as ignorant but i really don't know how to go about this...I am an international student and have been living in a university accommodation for the past year...

 

Given this experience..not just for the financial loss but also the emotional distress caused by this situation...I am planning to return to my country.. but I would still like to make an attempt at getting my money back...I think this man may be running a [problem] of some sort....I would really appreciate any help...

 

Thanks

Prateek

[ims21]

Thread moved to correct forum

[prateek_m19]

Hi, can you please tell me, which forum it has been moved to..thanks

[ims21]

You have found it...you've just posted on your thread. Scroll to the top of the thread and you will see you are in Residential and Commercial Lettings

[prateek_m19]

Hello people,

 

A response would be great, I am kind of going crazy over here...I also wanted to ask a maximum 10 day period for returning deposit, does it apply to lodgers as well? Obviously I haven't signed any tenancy agreement..

Please let me know....thanks

[Andy01424]

you said "I paid the deposit of £450 in cash on sunday and signed a standard agreement"

then you say "Obviously I haven't signed any tenancy agreement.."

 

by sound of it he has broken the agreement[if you signed one!] he would need proof that item accused of stealing was done by you,if i am correct min he has to return the holding deposit as long as there is no damge to rooms you rented, did the Police come in with you if so if they saw no damage that would help your case,bad part is you would more than likely have to apply to the local county court for a small claims if he still refuses to return it,then he would have to prove damage etc, if there was then court will deduct cost of it,if there is no damage then you would recieve the full amount and Court fee, the agreement you signed should be proof of you paying the £450 a reciept for it even better along with it.........

 

we had a same problem ,paid the depsosit for a house ,never got the house,turns out the owner had informed agent it was off market,they then deucted adverstising fee,had to go to CC to get it back,judge ruled the agreement we signed was not worth the paper it was printed on and the fee was not valid,worst part was he paid us back all in 5p 10 p 20 p and 50p coins,which for £400 weighed a ton

[prateek_m19]

Thanks Andy, for replying...What i meant to say was that, as a tenant you have a legally binding tenancy agreement that both landlord and tenant have to sign and is enforceable...I was not a tenant but rather a lodger...In my case, he just printed off an agreement on plain paper that he himself had written...It acts as a receipt and an agreement stating that I had paid both the deposit and first month's rent...

 

As to the theft, he never even mentioned it to the police! He just said that I had broken the agreement, citing 'inappropriate behavior' and he also told the police that he would return my deposit and the remaining two week's rent, even tough he wasn't obliged to do so...(yeah he is one nasty piece of work)...I never went inside the house with the police as they had told me to stay outside only, so have no idea about whether they saw the room and everything..

 

I really don't want to go to court as I don't have the time or the resources to pursue this...Is there any government body or councillor I can go to who might 'persuade' him to return my deposit (forget the rent)..

 

Sorry for the long paragraph! but am just trying to figure what can I do...

 

Much thanks

[mariner51]

Lodgers have fewer rights than a T with a resident LL and your only recourse for return may be SCC. You could try the Tenancy Relations Officer at local Council.

Since you called the Poice for poss 'breach of the peace', you may be able to talk to the Police that attended the incident to see if they noted what was said by LL. They may claim no record was kept other than 'civil matter'.

 

Whatever you feel about LL it is prob against Forum rules to refer to him in derogatory terms such as 'cheating' in thread title. As you say he was app 'under the influence of alcohol' at the time

[stu007]

Hi

 

I wonder if your Landlord has informed the Local Authority that he stays at that property at the weekends or that there are lodgers/tenants in the property.

 

were you a Lodger or a tenant what does your standard agreement actually state?

Edited September 25, 2012 by stu007

[mariner51]

As long as full C Tax is being paid, I can't see what other interest Council may have

[Andy01424]

you could try 2 things,one talk to Citizens Advice Bureau they can tell you best way forward,or you can try calling his bluff,did this with a managing director to get a refund,worked print and send him a copy of a County Court Claim form all filled out correctly and give him 7 days to respond,blank your address out,but you will have to give him a way to pay[contact number or address] you if he says come round to collect, call police inform them and take a friend as a witness, sometimes this works,if not then you will have the forms filled out ready to present to Small Claims,which to be honest may be the way it heads,you will get Court fee back, again thats if he pays up