Advice Please Regarding Deposit.

[playbhoy1967]

Hi, I have been staying in a bedsit for the last 5 years. I work a lot and spend most of my time at my girlfriends so was just wanting a base so to speak and this was ideal.

 

I got a letter from my landlady the other day saying that she was evicting me and I had 4 weeks to leave. No problem there, but then she went on to say that she was keeping my deposit (£200) and expected another £800 ontop of that to cover damage in the room.

 

When I went to enquire what damage there was she said that the wallpaper would need redone, that there were a couple of handles off a chest of drawers and that the bed would need replaced due to the head board being loose and the matress not being in a very good condition.

 

I spoke to my boss, who rents a lot of property himself and he told me that this work has to come under wear and tear and that is the landlord/ladys responsibility to pay for it especially as they have not paid for any upkeep of the room since moving in 5 years ago.

 

Now I will be the first to admit that I am not the tidiest person in the world but she has said to me that she has photographs of my room when it has not been tidy before, ie. with some sweet wrappers on the floor and clothes all over the place. The thing I have argued is that she had absolutely no right to come into my room unanounced and take these photographs so they mean nothing at all.

 

Another issue is use of the phone. She has always said that I could use the landline aslong as I pay for the charge of my calls which I have always been willing to do. Today she told me that she expected me to pay for 50% of the line rental aswell for the last 4 years.

 

Any time I try and approach the issue with her she just starts screaming at me and I end up leaving for work in an awful state and feeling like crap all day.

 

Am I entitled to say to her that I dont want to speak another word to her and that all correspondence must be by letters?

 

 

Any advice with regards to this would be greatly appreciated as I am becoming so stressed out over this nonsense.

[blacksheep1979]

There is no point (and it works against you) to try carrying on speaking to her. As you say keep all correspondance in writing. I would also reccomend that although strictly not right you may be best withholding your last months rent to cover the deposit. As to the telephone etc I wouldn't pay that either, if its not in your name its not really a problem as long as you've paid for any calls made.

[playbhoy1967]

Thanks for the quick response blacksheep.

 

I pay my rent weekly and had thought about witholding the rent until I moved out but I am worried that I might come home from work one night and find my stuff out in the street or that she would cut the electricity from my room.

 

I have paid the rent religiously for the last 5 years and have always had a decent relationship with my landlady. Really disappointed it has gotten to this stage.

[MrShed]

Fully agree with blacksheep, this lady is frankly an idiot. I would certainly be withholding the rent to cover the amount of the deposit. If she does cut off your utilities or throws your stuff out, she is guilty of unlawful eviction, which is a CRIMINAL offence.

 

I would write a letter to her. Say something along the lines of she can use the deposit for the remainder of the rent. Any attempt to unlawfully evict you due to this will be pursued in the criminal and civil courts. If she wishes to pursue you for any damages, tell her she is quite welcome to pursue you in small claims court, which you will not create any barriers to. There is no way she will win in small claims!!

[playbhoy1967]

This is my plan then.

 

My deposit was £200 to cover 4 weeks at the then time rent of £50 per week. Over the years the rent has went up to £65 per week so I will pay the rent tomorrow but not a penny more after this.

 

Could you just clarify for me that she cant throw my stuff out or change the locks because of this as I would be stuck for somewhere to go.

 

I will write a letter to her before next weeks rent day (fri) telling her to use my deposit for the rest of the rent and as you say to pursue me in small claims if she wants damages.

 

I will also take a video of the room once empty showing the condition of it upon my leaving should she continue to press me after my leaving.

[MrShed]

She CAN but it would be illegal.

[playbhoy1967]

Mr Shed thanks for your help.

 

Had been looking around before posting and noticed that you certainly know your stuff so was hoping you would post in here.

 

I will keep you updated.

 

Thanks again.

[MrShed]

No problem

 

To clarify what I mean, there is no physical way to stop her from preventing access. However after the event, this would be a highly illegal act, and a criminal act, and you would certainly be entitled to significant compensation through a civil court.

[knoxvillain]

MrShed is da man! Good luck playbhoy

[blacksheep1979]

Isn't it covered somewhere in the theft act - ie landlord removing your possesions?

[MrShed]

No BS unfortunately not. Theft is defined as the removal of items with "the intent to PERMANENTLY DEPRIVE" the owner of their use. If the possessions are removed, there is no intent to permanently deprive the tenant of his possessions.

[knoxvillain]

Surely that would depend on what the LL does with the possessions after removing them?

[MrShed]

Absolutely. If she moves them and tries to keep them, it is theft, yes. However, it will be fairly easily argued on her part that the intention was not to keep them but "holding" them until he retrieved them kinda thing. Generally in the situation, the intention of the landlord would not be to keep the items permanently(unless the landlord actually is a thief!) and so it wouldn't be theft. Worth noting that if the landlord dumps the stuff on the street, he/she is liable for any damages or losses whilst the items are there.

[playbhoy1967]

Hi, I cant find my previous thread but have just been told that I have to leave by this monday or the locks are getting changed.

 

I have a letter that says that my eviction date is for Monday the 26th of March signed by the landlady.

 

She is also telling me that she is keeping the deposit which I did expect.

 

Please advise me as to what I can do here as I am shocked at this.

[playbhoy1967]

Sry guys.

 

Anyone else can feel free to help but the reason I marked fao Mr Shed was because he was so helpful in my previous post.

[blacksheep1979]

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/70330-advice-please-regarding-deposit.html

 

thats your old thread - if she does change the locks you're in for a nice bit of compensation. Whatever you do, do not agree with or sign anything agreeing to move out early. I would also inform her in writing (either recorded delivery or get recipt stating its received) that eviction in this manner is not just against your contract, but also a criminal matter and you will be pursuing it as far as possible.

[bazak1]

is this any particular reason why this happened. have you missed rent, been a nuisance etc.

could do with a little more info.

[playbhoy1967]

is this any particular reason why this happened. have you missed rent, been a nuisance etc.

could do with a little more info.

 

Thanks for finding the thread guys. I was a bit flustered earlier.

 

Bazak, I have been a really good tennant.

 

As I said, this was just a base for me and I am hardly ever in the accomodation.

 

Yes the room has been messy before when she has walked in unannounced with paperwork all over the floor and clothes piled up on the sofa but I have never made noise, rent has always been paid on the date and sometimes earlier on occasion. But its not dirty and its not damaged.

 

The wallpaper will need redoing as its a bit discoloured around my bed area but I have been here 5 years now and surely that would come under wear and tear?

 

I spoke to my boss tonight who as I mentioned earlier is also a landlord.

 

He has said that I qualify for "Legal Aid" so I am going to look into that. He has also said that she is committing an illegal act by throwing me out without sticking to the notice period.

 

I am going to pop round to the council housing department tomorrow morning and speak to them and see what they say with regards to this.

 

She thinks the law doesnt apply to her.

 

Thanks for your replies guys.

[bazak1]

if you are looking into legal implications, i would also enquire about your landlady walking in unanounced. as far as i am aware she should be giving you 24 hours notice before she comes in unless its an emergency. but, the fact that it's untidy while you are there doesnt mean anything as long as its not causing a nuisance, any damage, and it's obviously moved when you vacate.

yes, i would think that 5 years would constitute fair wear & tear, but wouldnt she then question why it hadnt been re-decorated. let us all know what the housing department has to say.

[playbhoy1967]

Went to the housing dept but as it was a Friday they were closing early and told me to come back on Monday so will pop round tomorrow.

 

*New Developments*

 

On Friday I reported that she wanted me out of the room by Monday or she would be changing locks. Well, she intercepted me in the hall on my way out to work yesterday to insist that we get along for the remainder of the notice agreed in her letter (until the 26th March). I thought thats strange but what the heck, fine, but I aint giving her another penny.

 

She phone me at work yesterday and told me "remember your rent" and I thought she obviously needs the money.

 

Just been woken by her coming into my room, while I was bloody sleeping and shouting and banging the door until I woke up and asking where the rent was.

 

I explained to her to use the deposit for the remainder of the rent as after her pre-weekend threat I felt she could not be trusted anymore.

 

I also said that if she wanted to pursue me for damages then she could do so in a small claims court and that I would not put any barriers in the way of that as Mr Shed had said.

 

She has went down the stairs now shouting about taking me to court tomorrow morning first thing.

 

I have only been in house since finishing at 2am last night and only had about 4 hours sleep. This bitch is doing my head in.

[playbhoy1967]

She has just stormed into my room again in tears shouting, "look what you have done to me".

 

This is getting ridiculous and quite frankly absolutely bizarre.

[blacksheep1979]

Write her a letter stating that due to her constant intrusions into your room without notice or asking permission and the fact that she has threatened on numerous occasions to remove you without following the correct procedures she has caused you undue stress and breeched the covenant for quiet enjoyment. Because of this you will be seeking damages (1 month?), if she does not pay this sum within 14 days you will be claiming this through the small claims court.

 

Should shut her up for a bit. If she does it again and refuses to leave call the police, say that your landlord has forced their way into your room and are threatening you.

[playbhoy1967]

Thanks Blacksheep.

 

I have just printed this letter off to give to her when I get home from work.

 

 

 

 

 

Dear *****,

 

Unfortunately we have hit a brick wall and are going to go our separate ways once this tenancy has finished on the agreed date of Monday 26th March.

 

However due to your constant intrusions into my room without notice or asking permission, including two attempts this morning, and the fact that you have threatened on numerous occasions to remove me without following the correct procedures you has caused me undue stress and breeched the covenant for quiet enjoyment.

 

Because of this I will be seeking damages to the value of 1 months rent £260.

 

If you do not pay this sum within 14 days I will be claiming this through the small claims court.

 

Regards,

 

 

 

 

*********

 

 

I am not even interested in getting any compensation from her for it.

 

I just want my deposit back and to move on and leave this behind me.

 

Thanks for the help.

[blacksheep1979]

no worries - it will shake her up a bit and show that you mean business. Once she gets back to you after that letter say that you will be willing to let the matter slide as long as she doesn't intrude any more into your privacy and that you receive a full and prompt return of your deposit. However if she doesn't give the deposit back and you have to claim through the court system then there is no harm adding on the extra damages.

[playbhoy1967]

Ok to keep you up to date.

 

I gave the landlady the above letter and then I hadnt heard from her since. It seemed that she had moved away for a couple of weeks to keep her distance which suited me to a tee.

 

I decided that since I wasnt getting my deposit back that I would not pay her rent for the next two weeks and that way she could take me to court for damages. Not strictly correct but I have it in writing that she wasnt going to give me my deposit back and I need it for another place that I am moving into next week.

 

Anyway, tonight while I was out with some friends my mobile went and it was an unknown number that flashed up. I answered and it was her son in Australia who told me that the landlady has had a nervous breakdown over this and that he is not happy.

 

He wants me to pay her the rent and then discuss the deposit at the end of my tenancy. I said that she had made the situation what it was with her consistent illegal entry to my room and threatning behaviour and told him to take my deposit and use it for rent as I wasnt paying another penny.

 

He said he knows a lot about landlord/tenancy agreements and that I had no right to stay here and was completely in the wrong.

 

Also that if I didnt pay up he would take me to court for assaulting his mother which I have never done!!!

 

After arguing with him he said well if that the way you want it then I am going to change the locks and to send some "old friends round to knock the **** out of you".

 

I was really angry by this point and told him I would be waiting for them and to **** off and hung up on him.

 

Phoned the police RE the threat and have made an appointment to speak to them tomorrow.

 

Meanwhile I am lying in bed, with a table blocking the door and some wine bottles and golf clubs by my bedside incase I need them during the night.

 

Cracking lifestyle.........