Last month rent - landlord issues, need urgent help today - today's rent paying day

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    Last month rent - landlord issues, need urgent help today - today's rent paying day

    Firstly I live in London.

    I gave a notice to my landlord that I will be leaving (proper notice everything is good). At the beginning of the lease when I signed everything I gave 1 month advance and 1 month deposit. He said I could use this 'deposit' to pay for the last month, however stupidly I did not get this in writing.

    Last night I went to him and he said tomorrow (aka today) I pay the full monthly amount and when I give the keys back at the end of the month in exchange for the deposit. I kept trying to say no but he doesn't speak english very well (had a throat operation and he had someone helping to speak during lease signing) and I'm 19 and no clue what my rights are with this. I felt a bit bullied last night as he just kept passing it off what I was saying and felt like he was trying to take advantage of a 'kid'.


    On the lease it says:

    DEPOSITS: If the landlord takes a deposit, the landlord must, within 30 days from the date of payment, give the tenant and any person who has paid the deposit on the tenant's behalf, certain written information about the way the deposit is protected. See the Housing Act 2004 s 213(5) and the Housing (Tenancy Deposits) (Prescribed Information) Order 2007, S.I. 2007/797. The landlord may not require a deposit which consists of property other than money.

    Pretty sure he didn't use the tenancy deposit scheme which legally must be done within 30 days I think. I never got notification of it anyway. He's really shady. Makes us pay in cash every month. Took like 4 months to fix a leak in ceiling that forced us to restrict our living area by like 1/3 and it was so bad there was a whole with like a 6-8 inch diameter. Countless other issues and he would take ages to fix stuff. When he does fix stuff he hires shady people. They come without warning forcing me to miss university classes (many times!). One time without warning some guy is fixing something up stairs without telling me to move any of my stuff and tons of water falls on my £800 computer. Thankfully I reacted quickly, turning it off and drying it. One night we couldn't sleep because literally like 20 Litres of water fell through our ceiling in a few hours. Multiple times we had only freezing cold water (I have to shower anyways freezing myself off because I have to look professional/clean on clinical days at university and not smelling obviously lol). Our front door lock has been broken for over a month so we can't lock the front door using the key when we leave the house. ETC etc etc


    So what should I do today? Should I just give the full monthly amount or what?

    I asked him if he would be willing to sign a paper I could type up real quick saying that he will exchange the deposit I gave him for the keys on my last day. He said that would be okay but I'm not sure how useful such a paper would be as I don't know anything about writing legal documents I would just write something like I agree to exchange the full deposit for the keys on the moving out date and sign here ____. I still don't trust him though for this as he could easily say no deposit back you can just live here for longer.


    I'm also worried that even though I'm an honest tenant and everything it feels like I'm choosing the option of having a reference in the future with my deposit being scammed or keeping my deposit but having no reference which will cause me trouble to find a place later.

    Is there any trouble I could get in to by not paying him today? I really do not trust him, absolutely no damage to the house. I go to university for medicine where professionalism is very important so I'm scared this could somehow affect me?

    Thanks a lot, stressing like crazy.

    #2
    He sounds like a crook (but might not be,..). Did you get receipts for rent (beginning and then after..) and deposit??

    Here is the HMRC fraud line to report him if you think he's not declaring his rent income...
    http://www.hmrc.gov.uk/reportingfraud/index.htm

    If he hasn't protected the deposit within 30 days of you paying it then you can sue him for uo to 3x deposit.

    Ask him for deposit back: If he doesn't pay the amount you think fair point out you can sue for 3xdeposit..

    Call Shelter, the housing charity, for more advice on 0808 800 4444 - they are open today
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    Comment


      #3
      If you are alowed to use the deposit for the last months rent, what is to stop you causeing damage to the property in the last month, then the landlord has no deposit with which to make deductions.

      the landlord is right that a deposit is for damage, and not for paying rent.

      Same as if you hire a car for 6 months, you leave a deposit, which is not used to pay for the rentals last month

      Comment


        #4
        theartfullodger,

        Wow thank you for the quick response. I'll make sure to call that number.

        I don't really want to get him in trouble, I just don't want to be taken advantage of. I mean he's a terrible landlord but I guess it was my fault for choosing the first place I saw as I was worried I wouldn't find a place in time for university.

        I am still living here and today is rent paying day (the first of every month). So what do you mean by asking for the deposit back? As in asking for the deposit back in exchange for the rent I pay for this month? I'm willing to move out as early as the 16-17th of June because I can't stand living here any more so I guess that would be nice for him if he could find a tenant early enough to make extra money on.

        What is your final advice on what I should do today? Ask for the deposit back in exchange for rent? Or should I just not pay rent at all today? Or should I pay the difference (I pay £500/month for rent and the deposit was £450). I am a student so this money means a lot to me and my parents are poor so this would hurt if I lost it - especially since I wouldn't be getting anything out of it as it'd be scammed from me.

        Comment


          #5
          ram,

          I agree with you about the deposit. The problem I have is he told me I could do this when I was signing the lease (stupid me not getting it in writing). He also did not register the deposit as he legally has to which is very shady of him..

          Comment


            #6
            Originally posted by theartfullodger View Post
            Here is the HMRC fraud line to report him if you think he's not declaring his rent income...
            http://www.hmrc.gov.uk/reportingfraud/index.htm
            But let's not go there until the OP has resolved everything and moved out, eh?

            Originally posted by xmb33 View Post
            Is there any trouble I could get in to by not paying him today? I really do not trust him, absolutely no damage to the house. I go to university for medicine where professionalism is very important so I'm scared this could somehow affect me?
            Really don't worry about that. (I'm a landlord, and my daughter graduates in medicine in a few weeks, after having rented [not from me!] for the past four years, so I do get where you're coming from.) Here's your worst worst worst case scenario (which just wouldn't happen): the landlord takes you to court for money he thinks you owe (which you wouldn't anyway, after moving out); the judge finds in his favour (wouldn't happen) and eventually you get a county court judgement against you (wouldn't happen) and you dig your heels in and refuse to pay it. Then, and only then (months away), would there be any form of record or credit problem against you. So don't panic today!

            And as Artful's pointed out, assuming the LL hasn't protected your deposit anyway, you are in a very strong position and the LL ought to be falling over himself to return the deposit to you...

            (One point worth mentioning perhaps: it's not normal to have the deposit returned to you (effectively) a month before moving out, which is what you're expecting; or even on moving-out day - no way would I do that with my tenants, or have ever done. The whole point is that the deposit is available for payments to the landlord for any damage after you've left and he's had a chance to assess the place for any delapidations)

            Comment


              #7
              Ericthelobster,

              So should I not pay him rent today (well I mean only pay the difference of rent and deposit of £50)? I know it's not normal but he told me (sadly not in writing) and I would rather do this than going through the stress of getting my deposit back after through court (no money to go court with etc). I wouldn't mind him sending a bill for any damages after and would gladly pay (although we will probably leave the place in much better condition than we got it in except for some paint that is literally falling off the walls - this is in areas we never touch even, it's just the quality of how he had everything done aka cement left on tiles etc).

              Thank you so much and congratulations to your daughter! Not easy to survive all 5 years of medicine!

              Comment

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