In a bad situation with tenant. Need help!

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    #16
    The fact your deposit is not protected by an authorised scheme may well benefit you. There are many threads about what it means but basically you can make a claim against your landlord for not protecting your deposit and then the court can order the landlord to pay you 3 times your deposit.

    I'd start looking for a new place to live and move out on the day your tenancy agreement ends, not a day after (as then you would have to give notice). I believe you can do this even though you are a joint tenant.
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    If you are unsure about what to do seek professional Legal advice.

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      #17
      Did estate agent protect your deposit?

      Did the estate agent protect your deposit? If not I have read on here that you can claim 3 times the deposit from the LL. Since they seem to have not followed all the correct procedures with the guarantor the may be they have not protected the deposit and you could us that as bargaining to get out of the contract... Others on here maybe abe to give more advice on this? worth checking though maybe.

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        #18
        Agent breaking agreement? Terminating contract?

        Hi sorry it appears the agent has put the money into a deposit now (according to the student). I need proof of this and will be asking for a receipt but I’ll assume he has done it, though I am 100% sure it’s recent. Maybe when the rent stopped coming in from one side, he decided to put it in a scheme to prevent him from getting into trouble? Is there a time limit which a landlord/agent has to abide to?

        Anyways the student and I have thought of another way the contract has been broken. While we were out, the agent came into our place and took the student’s PC/monitor and left a note saying he should pick this up and pay the rent. The student has already contacted the police and is making charges. The agent still has the stuff. The student thinks the agent has terminated the agreement by doing this. He was due 2 months rent (which is not enough to terminate the agreement, according to him) on that day and says he only had been given one warning letter.

        Do you think this will help break the contract? It’s bizarre I know so I would be interested to hear what you think… Especially any experts.

        The student is leaving soon and is refusing to pay because the agent took his property and hasn’t paid the bills. He’s advising that I leave too. I still have 2 months left on contract. I really am stuck as to what to do!

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          #19
          Originally posted by Hiedi View Post
          Hi sorry it appears the agent has put the money into a deposit now (according to the student). I need proof of this and will be asking for a receipt but I’ll assume he has done it, though I am 100% sure it’s recent. Maybe when the rent stopped coming in from one side, he decided to put it in a scheme to prevent him from getting into trouble? Is there a time limit which a landlord/agent has to abide to?

          Anyways the student and I have thought of another way the contract has been broken. While we were out, the agent came into our place and took the student’s PC/monitor and left a note saying he should pick this up and pay the rent. The student has already contacted the police and is making charges. The agent still has the stuff. The student thinks the agent has terminated the agreement by doing this. He was due 2 months rent (which is not enough to terminate the agreement, according to him) on that day and says he only had been given one warning letter.

          Do you think this will help break the contract? It’s bizarre I know so I would be interested to hear what you think… Especially any experts.

          The student is leaving soon and is refusing to pay because the agent took his property and hasn’t paid the bills. He’s advising that I leave too. I still have 2 months left on contract. I really am stuck as to what to do!
          Even if the deposit is protected, the agent needs to give you the relevant WRITTEN notification or he is still breaking the law.

          A breach of contract or criminal activity does not automatically terminate a contact unless the contract says so. So unless both parties agree, the agreement still stands until it is fulfilled. You can use a breach to 'persuade' the other party to allow a contact to be terminated eg I will not prosecute you if I can walk away without penalty, or if I can walk away I will not sue you for not protecting my deposit properly.

          The student sounds like an idiot and so does the agent. But at least you dont have to live with the agent. Try to stay on good terms if you want to stay; although its a shambles, I don't think you have too much to loose by waiting and seeing what happens.
          All posts in good faith, but do not rely on them

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            #20
            Nice agent... just walked himself into a lawsuit!

            Deposit should be protected within 14 days or you can still go after the 3x I believe.. or is that one still being tested?? Deffo should be protected in 14 days though.
            GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

            Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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              #21
              Originally posted by justaboutsane View Post
              Nice agent... just walked himself into a lawsuit!

              Deposit should be protected within 14 days or you can still go after the 3x I believe.. or is that one still being tested?? Deffo should be protected in 14 days though.
              Has anyone herd of any one winning a deposit case yet???

              I think not....am i wrong?

              I am told the paper work to get the deposit compo is a Farce?????
              What i write is what i think....If you need solid info PAY A SOLICITOR!!

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