Landlord won't return deposit or rent

[Secgoal1]

Hi,

I have read lots of the forum in relation to landlords not returning deposits etc but my case is slightly different and I'm hoping someone here can advise me

 

I was a lodger in a couples house (they had access to my bedroom to fix radiator etc, no lock on door) which I found on the spare room website. I did not agree any length of term or notice terms and did not sign any paperwork. They asked for £390 deposit which I gave and paid my rent monthly in advance.

 

I didn't feel particularly welcome there but it was cheap so I stayed for 6 months until she had a fit one day and accused me of physically smashing her microwave to pieces, shouting and me and then storming off. I never raised my voice or swore, but told her that I had not damaged it. She stormed off and 10 minutes later her husband found that the spring had fallen out of the door and fixed it straight away. At this point I decided I needed to move out so found somewhere else to live and a few days later (26th dec) gave her a months notice to move out. I thought this was the right and reasonable thing to do although as we had no contract and I could have moved out there and then. 2 weeks later I had my dog staying, this was agree when I moved in that he could stay every now and then. He had stayed the night a few times before and it was never an issue. At around 1800 on a Friday night he came to me and said the dog couldn't stay. It had snowed heavily and I couldn't get my car out to take him anywhere and I told him he was being completely unreasonable as it was dark and icy and I had no where else to take the dog. He was adamant the dog had to go so I said "if the dog isnt welcome then I'm not welcome" to which he relied "well yeah". I moved out that night and asked for my deposit and remainder of rent being £563. I had to go back the next day to collect a few items and I again asked for my money back to which they said they didn't owe me rent.

 

Since I moved out over a week ago I have emailed asked for my money which they have ignored. I am going to give them 7 days and then write to them asking for the money which I know they will also ignore. How long is reasonable to wait before threatening county court action? Also am I entitled to claim the extra rent back as I had no choice but to move out at their request?

 

Any advise would be appreciated.

Thanks

[Lea_HTH]

You can make a claim for the rent and the deposit back (minus any agreed deductions) in your court action. However, proving that there was nowhere else for the dog to go such that you also had to leave that night will be a tough one for you. After all, you and the dog found somewhere else to go, so why couldn't the dog go there alone (I mean, why couldn't you drop the dog off there and go home alone)? So whether the judge will find your actions reasonable in the circumstances is debatable. Your landlord's argument will be that they had the room available for you - just not for the dog and therefore should be allowed to keep the rent for the period the room was available to you.

 

You don't have to wait any longer to issue a letter before action - you can do that today, give them a further seven days and if no money is forthcoming proceed to a small claim.