Landlord not protected deposit and wants orig. contract back

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    Landlord not protected deposit and wants orig. contract back

    Hello all,

    I have been living in my house for about a year which I have rented from a landlord I believe to be letting the house illegally. They've done a number of things where we have felt very imposed on and as though they are disturbing our privacy.

    However I am due to move out this week (hopefully on Wednesday) I paid them £400 as a deposit to secure my room. Although they sent me an email at the time stating that my room was held for me there was nothing to confirm the money I had paid and they did not request I sign a Tenancy Deposit Scheme. I have just read through the ''End of Contract'' letter she emailed me 3 weeks ago (as she decided that although I had informed her I wasn't able to move until October - even though my contract technically ends today, she was going to pressure me to leave earlier on September 12th) she has stated on this letter that I need to return to her the original copy of my contract, and failure to do so will result in money being deducted from my deposit.

    I don't see any reason why she needs it back as she has an original copy of it as well, as she filled two in and gave one to me when I moved in. The only thing I can assume is that she wants to destroy it so there's no evidence of her activity.

    I have photocopied it already, and my boyfriend will be there on the day I move out as I feel quite nervous (her and her husband are nasty pieces of work) but I don't want to get into a confrontation with them. Would I still be able to use a photocopied version of it if I was then to submit it to the authorities when I have left.

    I am nervous about implicating her early as my house mate is pregnant and wont be leaving until November. We'd made a pact to both report her once we'd left so I don't want to make anything difficult for her


    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    House of Multiple Occupancy (I rent a single room)

    Q3 – What date did current TA start dd/mm/yy?
    September 7th 2014

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    ''Every Saturday'' - cash

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    N/A

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    N/A

    Q8 – Does the landlord live in the same property as the tenant?
    No
    Last edited by 24londonhelp; 07-09-2015, 10:50 AM. Reason: added questions from sticky thread

    #2
    A photocopy should be fine for most purposes.
    Who do you think you'll need to submit it to?

    Keep (and copy) the end of contract letter as well, as that clearly refers to a "deposit" from which things can be deducted, in case they try and argue that the £400 was just a holding deposit and is not returnable.

    Presumably your house mate and you had different agreements with the landlady, you're not joint tenants?
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Nope (I just edited the post to include the additional details in the sticky post) we both rent our rooms separately and have different contracts.

      I figured I should contact our council and I was also going to submit it to HMRC

      Comment


        #4
        Good for you, the fewer rubbish landlords there are, the better.

        The council will be most interested if there's no gas safety certificate - which should be an annual event and you should have a copy.
        Unless they have a landlord licensing scheme, they're mostly concerned with safety.
        HMRC will be delighted to hear from you.

        The ending of the contract all seems a bit informal to me, so I'd get out and see what they do about the deposit before doing anything.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          I have no gas safety certificate (they did replace the boiler on new years eve, and the landlords husband had a bath in our house)

          I just want to know if I should give them back the original contract or fight for it?

          All they've done is pressure me the past few weeks, with texts, knocking on my door (I was in my towel Id just got out the bath and they raced upstairs to remind me I have to leave on Saturday) and a note under my door reminding me. It wasn't too long ago we had a nasty phone call off them threatening to throw us all out. I can't stand being in the house and have been sofa surfing to get away from them

          Comment


            #6
            I'd just give them the contract.
            No point annoying them - just get out as quickly as you can, from the sound of it.

            You have a photocopy, and, to be honest, you probably don't really need that.
            If it came down to it, who's going to lie about being a tenant?
            It's much easier to imagine why someone would lie about renting somewhere out.

            If it were me, I'd leave the contract and keys in your room and just go.
            No reason to meet with them if they're intimidating - they're probably not going to give you your deposit back without a fight anyway.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              The girls who left before me were given their deposits back. Because I paid the deposit in cash they will only pay it back in cash. If I just leave I loose £400 - which I need because its taken pretty much all my wages to afford to move out. This is why I've had to get my boyfriend to come over when I meet with them (we were forbidden from having guests stay over. Particularly men. When I came to look at the room with my Dad she tried to stop him coming in the house, I figure she's less likely to play up if he's there)

              I think she particularly doesn't like me because I work in Law, just not this kind of law.

              Comment


                #8
                Fair enough.
                Sounds like a plan.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  Post the contract back to the landlord from a Post Office and get a free certificate of posting.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Did you have any sort of receipt for the £400 cash deposit? If not, please don't do that again.

                    Comment


                      #11
                      You don't need to, but for a few pounds, most solicitors will make a 'certified copy' of a document which is every bit as valid as the original. All it is is a photocopy with the solicitors stamp and a signature on every page.

                      Comment

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