Bugs eradication and forfeiture of my deposit

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    Bugs eradication and forfeiture of my deposit

    My problem is the following:

    I have told to my landlord a week ago, I found bedbug in my room. He told me I have to take further steps, but if I wanted he will do it for me for 10 pounds administration fee. I asked him, to do it.

    He told me he had called the Council and he asked some pesticide company and he found someone, who does it for 125 pounds. I said ok. He said I have to pay for him (LL) 25 pound, because he paid deposit. I did it. The pesticide man came and did the first treatment, and he will come back in a week for the other treatment.

    My problem is. My Landlord started to bullying me, to give him information about I have paid the last Council Tax, I told him, I have paid it already. He ordered me to give him proof, started to sware and threaten me. I asked him to be calm and leave this kind of attitude. He told me he will give me notice and he cancel the second bug treatment however I told him we will need it, and I have already paid for the first and I will pay for the second as well.

    He came this night with the paper, but he changed his mind, cancelled the notice. It was not the first time, he threated me with giving notice. I have read the notice and it sais:
    ".(my name) has made me aware that she has a pest problem in her room and agreed by all parties concerned that this was not there prior to (my name) informing me, she would be held liable for the bugs eradication and/or the forfeiture of her deposit"

    It would be legal? He really has the right not to give my deposit back?

    Some fact:
    We still did not get our tenancy contract (however we have lived here for 5 month and he always "forgets" it)
    I have proof I have told him about the bedbug problem
    I have proof I have paid for the treatment, and I have proof (sms) he arranged it, then he wanted to cancel it to threaten me
    I have proof I have given him 4 weeks deposit
    I have proof I always paid all of my rents in time
    I have proof I always paid all the bills on my name..

    Sorry for my english.

    Thanks for answering in advance.

    #2
    If you don't have a copy of the tenancy agreement then you are not obliged to pay anything towards the eradication of vermin.

    If your landlord has not given you the statutory information regarding the deposit then he is committing an offence for which you can claim compensation through the courts. Contact your Local Housing Officer for advice, or possibly the CAB.

    Is there gas in the property? Have you a valid Gas Safety Certificate? If not then it's a criminal offence.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

    Comment


      #3
      Thanks for replying.

      I dont have tenancy agreement. I have paid for the treatment, and I have the receipts about it. When I called the agent he told me, he will arrange somebody for 20 pounds, I told him it is too much, so he told me, ok for 10 pounds he will solve the problem. I said ok. Then he told me, he called professionals and the Council, and everybody said 125 pounds. I told him, I trust in him and make the choice. Then he said to me, he had paid for the pesticide man 25 pound deposit. Later I have asked him in text, it is true I have to pay 125 for the treatment altogether, he texted back "Yes, that's right". When I asked from him the receipt of the deposit, he told me, that 25 pound was his administration fee..

      When we all gave him our deposits, he wrote a paper about it, that he accepted 1100 pounds from us, signed it and dated it. It is enough to prove he had our deposits?

      I gave him my notice days ago, and he started to threaten again, he will not give back my deposit if I cannot prove, there is no any bug in my room. It is ridiculous. How can I prove it? I will loose 280 pound deposit plus 125 pound for the treatment, it is a lots of money...

      I did not see any certificate about the gas, but I think he has with him, because when we moved in the flat, the boiler was completely new. Or we should have signed anything? Because we did not get anything to sign.

      Thank you for your helping again!

      Comment


        #4
        Originally posted by nagi View Post
        He came this night with the paper, but he changed his mind, cancelled the notice. It was not the first time, he threated me with giving notice. I have read the notice and it sais:
        ".(my name) has made me aware that she has a pest problem in her room and agreed by all parties concerned that this was not there prior to (my name) informing me, she would be held liable for the bugs eradication and/or the forfeiture of her deposit"
        That seems reasonable - the bugs are not of your landlords creation, so why should he pay? This is your problem to deal with, or suffer the cost of erradication coming from your deposit.
        We still did not get our tenancy contract (however we have lived here for 5 month and he always "forgets" it)
        There is no obligation for a written tenancy agreement, so the landlord is ding nothing wrong by not providing one
        I have proof I have paid for the treatment, and I have proof (sms) he arranged it, then he wanted to cancel it to threaten me
        If you have paid for a service, that service must be carried out. If he subsequently claimed against your deposit for something you have already paid him for - he would fail as he can't be paid twice for the same job.
        I have proof I have given him 4 weeks deposit
        Have you been given any information to tell you that the deposit is protected in a government approved scheme? If not, check here:
        Deposit Protection Service
        My|Deposits
        The Dispute Service
        and let us know if it is protected

        Does the landlord live in the same building as you?

        If not, then you can not be forced out of your home without a court order - that process would start with either a 2 month notice under 'section 21' or a 2 week notice under section 8 - but the latter only applies if you have done something wrong. If you get either of these notices, we can check whether they are valid and/or advise you how to continue.

        Comment


          #5
          Have you been given any information to tell you that the deposit is protected in a government approved scheme?
          I have tried all of the links, it seems he did not protect it.

          Does the landlord live in the same building as you?
          No he doesn't live in the same building.


          We would like to leave after all of these, and all we would like, to get back our deposits. I do not want to make it big, just know our options. I told him I will leave in two weeks, and my flatmates would like to leave in a month as well, and find another flat for all of us.

          Comment


            #6
            If you pay rent monthly then you need to give correct notice to leave (or you may end up paying for time you are not there).

            The correct notice is a minimum of one month AND that notice must end on the last day of a tenancy period.
            Again, if rent paid monthly, each tenancy period is one month. If you moved in on the 25th of the month, each tenancy period runs from 25th and the last day is the 24th.

            If that isn't clear - ask again.

            You could sue your landlord for the return of your deposit and a penalty of up to 3 times the amount of the deposit. The first is easy, the second is much less easy and much more expensive. However, he may not know that so you can advise him that if he doesn't
            a) return your deposit and
            b) allow you to leave without penalty when you want
            then you will have to take legal advice about suing him.

            Even if he does a & b, you could still take him to court and claim the penalty, but perhaps you would not feel the need if he starts behaving

            If you do need to take him to court, I know a solicitor who may do it for you for free - it depends where in the country you are.

            Comment

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