Deposit not refunded.

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    Deposit not refunded.

    Hey,
    I recently moved in a house with my boyfriend. Where he lived for two months. But I moved there recently and I noticed strong smell of mold. The mold there is on the windows, walls and probably under the wooden floors, which we cant clean. Since I am asthmatic this is big health risk for me and we had to immidiatelly move to other, not moldy property.
    But the problem is our past /mold house/ landlord. He doesnt want to return us deposit , and he s saying that we had to tell him one month in advance that we ll leave. But I couldnt be in that moldy house for another month,because it made my breathing problematic. And he also didnt give us contract and didnt tell my boyfriend while renting the room, that the notice period is a month. We also couldnt register our national insurance number in that adress,which was a big problem too.
    I would just like to know, if there is any way to get that deposit from him? Since we moved because of health hazard, we didnt get contract and werent said that one month is notice period and we even couldnt register nin there.
    Thank you for replies

    #2
    If I were you I'll follow this guide https://england.shelter.org.uk/housi...nsation_claims and use Money Claim Online for the actual claim.

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      #3
      whether you had a written contract or not your boyfriend had a contract with the landlord. How did he pay rent - weekly or monthly and did the landlord live in the property and share any facilities?

      You can follow the shelter advice and you may win some money fr non protection of the deposit but if I was the judge you'd also pay at least a week's notice and probably a month.

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        #4
        buzzard1994,

        he payed monthly, he lived there for three months . And the landlord was living with us, we shared facilities including bathroom kitchen and living room.

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          #5
          Your boyfriend was the tenant, and has moved out without giving enough notice (as far as the landlord is concerned).
          Unless the property was uninhabitable, your aversion to the property or problems with it are (legally) not an issue - you're not anything to do with the agreement to live there.

          Unless your boyfriend and the landlord can agree what is to be done about the deposit, the situation is that the deposit is your boyfriends money (most people are not aware that that's the case - the landlord is simply looking after it for the tenant).
          So the landlord can't do anything with the money, even if they're right and there should have been a month's notice.
          So either, you'll have to go to court (or threaten it successfully) to get it back (while the landlord counter claims for the rent), or the landlord will have to return it and sue you for the rent "owed" (which isn't very likely).

          If there's no written agreement, the notice should probably be "reasonable" and that is normally taken to be in line with the rent period - in this case monthly.
          So the court may decide in the landlord's favour.
          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


            #6
            B/f a lodger, not tenant, because of resident LL.
            OP could have moved out at any time during Notice period as long as rent continued to be paid. In fact, she did not have to move in at all if smell / mould was so bad.

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              #7
              mariner,

              I had to move in. We were both on the spoken contract from begining. It was couple rent. But I wasnt in uk phisically still, since I am originally from other country. And I came first in uk right in that house. So i had to move in there or stay on the street and the landlord knew that we ll be a couple there.

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                #8
                If you are a lodger you can't claim for deposit penalty, but that shouldn't prevent you from claiming the deposit using MCOL (Money Claim Online). You could perhaps include damage by mould in your claim in case the LL counter claims regarding notice period. It would be really advisable to have evidence of mould damage (like photo of damaged clothes), or at least evidence of the mold itself (pictures).

                Comment


                  #9
                  There were correct procedures to follow in dealing with the mould.

                  The landlord could argue it was caused by your partners lifestyle and without any written complaints to the council and investigations you have no proof.

                  If it were that easy everyone could move out without giving notice then claim there were problems with damp or mould.

                  The landlord has a right to a notice period in order they have time to find a new tenant/lodger and not lose income. If you didn't give notice then the landlord is perfectly entitled to keep the deposit.

                  You can attempt a court order but the landlord has a strong defence unless you have evidence and written confirmation that you did all you could to have the mould problem dealt with.

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