Help please with deposit and false damage claim - no contract

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    Help please with deposit and false damage claim - no contract

    Hello Everyone,

    My boyfriend and I have a very big problem.
    We've rented a property in London, based on verbal agreement only. No written contract was given by the landlord.
    We were desperate for a flat and this apartment was perfect.

    We paid the deposit and all rent on time.
    Before we moved in, another couple moved out. In between moving dates the landlord did not inspect the flat.

    Now we have moved and our deposit has still not been returned (landlord claiming financial difficulties)
    also, she is claiming we damaged a lock on a balcony door - this is not true.

    Please could someone let me know what can we do?
    Is it the landlord's right just to claim damage like this?
    How long should we endure waiting for our deposit?

    What can we do? We don't want to pay for damage we haven't done and certainly want our money back!

    Thanks for reading,
    K

    #2
    Try reading

    http://england.shelter.org.uk/get_ad...ection_schemes

    and come back with questions
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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      #3
      Do you have any evidence that you lived there such as bills or council tax in your name or a housing benefit claim?

      Comment


        #4
        Did LL protect deposit and provide PI within 30 days of receipt?
        If not, your only option is to sue LL for full deposit in SCC, who will assess her claim for T damage similar to DPS. If you get some deposit amount awarded, LL will have to repay your Court fee in addition

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          #5
          When you moved out who gave what notice to whom?? e.g. did you give notice you were ending tenancy & did landlord accept??
          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


            #6
            Originally posted by akata View Post
            Please could someone let me know what can we do?
            Is it the landlord's right just to claim damage like this?
            How long should we endure waiting for our deposit?

            What can we do? We don't want to pay for damage we haven't done and certainly want our money back!
            You did have a contract, it was verbal, but it was a contract nonetheless.

            If you paid a tenancy deposit (rather than some kind of holding deposit) it was and is your money, and the landlord can't keep it or deduct anything from it without your agreement.
            It's not like rent, which is the landlord's money when you pay it to them, it's always yours.

            If you were renting a complete property (not part of one, or you shared with the landlord) the landlord was obliged to protect the deposit (partially so that their "financial difficulty" doesn't become your problem).
            Here's where to start:
            http://england.shelter.org.uk/get_ad...eposit_schemes
            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
              Originally posted by akata View Post
              Now we have moved and our deposit has still not been returned (landlord claiming financial difficulties...
              Ludicrous! Obviously an incompetent, old school, naive, thieving Landlord here - they don't get to piggin' spend your deposit money and then claim financial hardship when the time comes to return it... that's not on, for so many reasons. It should be lodged with a Scheme or held by them in some kind of safe place, like a separate bank account.

              I fear you are dealing with someone who just doesn't 'get it' and the way forward will be challenging. I would be immediately writing a forthright letter outlining to them where they have gone wrong and letting them know what your next steps will be and the potential consequences. You could entitle this a Letter Before Action, possibly. It would be good to know the answers to the deposit protection questions asked, but I'm guessing the answer already.

              Comment

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