Deposit? ot Rent in Advance?

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  • Deposit? ot Rent in Advance?

    Sorry to ask but having problems with my LL again.

    When I took house on advert in paper stated £500 per month / £500 deposit (still have copy of ad)

    TA states that rent is two months in advance.

    Receipts from LL state DEPOSIT £500

    Deposit not in any deposit scheme by LL's own admission.

    Is this a deposit or not? Can scan TA is that helps.

    In dispute with LL as repairs not carried out and he owns property 2 doors awa with noisy, abusive tenant who is causing major probs to others as well as me but came to a head when he threatened my kids whilst drunk at the weekend.

    I want out but LL wont return deposit as claiming rent in advance and cant afford to move if I dont get it back

    Any help please? Also been asking for Gas Certificate for last 4 months and he can't produce it - does this help at all? As earlier posts LL is not insured either.

  • #2
    Originally posted by Wet View Post
    When I took house on advert in paper stated £500 per month / £500 deposit (still have copy of ad)

    TA states that rent is two months in advance.

    Receipts from LL state DEPOSIT £500

    Deposit not in any deposit scheme by LL's own admission.

    Is this a deposit or not?
    Hard to see how that can be construed as anything BUT a deposit! You could use the threat of taking him to court to claim 3X the value of the deposit from him as leverage to make him let you go, but if the LL is convinced it's not a deposit that won't help you, and you're going to have to take him to court to prove the point.

    Also been asking for Gas Certificate for last 4 months and he can't produce it - does this help at all? As earlier posts LL is not insured either.
    You can and probably should dob him in to the council over the gas certificate, but can't see how that helps your problem. Don't know/remember the previous insurance story but AFAIK there's no requirement for insurance anyway.

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    • #3
      Unless you didn't pay any rent for the first two months then it's a deposit as it is 'held against future obligations and liabilities'. Look up 212(8) Housing Act 2004.
      Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

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      • #4
        Its not binding but see case: -

        http://nearlylegal.co.uk/blog/2009/0...eposit-honest/

        it is a good indication of how a court would approach your case, but is no guarantee!
        PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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        • #5
          Thank you so much for your replies especially the link that took several reads but has finally made sense (I think).

          Had more threatening phone calls from LL today and felt so much more confident in answering him having read the replies on here.

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