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AIBU to think their maybe something more to this ?

(20 Posts)
MyPandaisasecretmonster Wed 26-Nov-14 18:46:36

I rent privately & have done for almost 4 years now .

This is a long one so sorry blush

I asked for the property manager to come round so I could discuss a few things with him in regards to the house .
While he was here I mentioned that I were thinking of moving in the not to distant future as I would ideally like to be closer to my Sons school , His response to this has left me a bit hmm

(just to clarify I am in receipt of HB)
His response was that if I were to move he would get in to a lot of trouble because instead of putting my rent in to the rent deposit scheme he used it to pay my first year & a halfs rent top up & the actual landlord doesn't know about this , I also didn't know about this until after 6 months as it took that long for me to get hold of him & by then their was nothing I could
do .
I also requested proof of how much rent top up I owe him as I have been having a few problems (money been stopped & various hospital stays) he braught a piece of paper with him with a few numbers scribbled on & refused to leave it with me so I could send it on as proof to my local council .

Something just doesn't seem right though I haven't a clue what , then again it might just be me over thinking things for a change blush

Moomum123 Wed 26-Nov-14 19:52:44

That sounds very odd to me, if you are in receipt of HB you should have letters setting out your entitlement, could you work that backwards to see the shortfall on your rent. Or ask your local HB section to send you a letter detailing what you've been awarded for the past 18 months, and compare that to your rent due.
If he's done something he shouldn't have done, that's his problem, not yours, can you speak to someone else in the property management department.
Good luck.

avocadotoast Wed 26-Nov-14 19:55:13

No I think you're right to be worried, he sounds well sketchy. Has he now protected your deposit?

I'd ask him again how much you owe and if he's still not giving straight answers then put it in writing.

EustaciaBenson Wed 26-Nov-14 19:58:22

Hes in the wrong by not putting the deposit in the scheme and thats his problems not yours. You also do t owe him any top up if he used your money to pay it, if you were to give him money to pay for it again it would in effect become your deposit and as you want to move it wpuld be much easier if you dont ask for your deposit back and do t worry about the top up

Thats my common sense view, I would reccomend you see citezens advice though before handing any money over. If sounds like he's trying to get you to oay somethind twice over. You also need more proof than a scrap of paper!

twizzleship Wed 26-Nov-14 20:12:47

sounds like he's been up to no good with your money!

Is the HB paid to you (to be then forwarded to them) or does it go directly to them from DWP? Who paid your deposit - you or DWP?

By law, he should have put your deposit (no matter who paid it) into a rent deposit scheme and given you the reference number for that. That means if and when you come to leave and there is a dispute over returning your deposit, you can then get the people at the deposit scheme to arbitrate on your behalf to resolve it. Read up about it on google, the info could come in handy later down the road if you decide to sue them because they have acted illegally by not securing your deposit.

you can ask DWP to send you a letter or tell you over the phone how much they have been paying out in HB each month and on what dates. Your rental agency needs to give you a detailed statement showing the HB received and all the payments you have made to date.

If i were you i would write an email (keep a copy) or send a letter (recorded delivery) to the accounts department of the agency or to his manager asking for this. I'd also tell them what he's told you regards the deposit and your concerns. Ask for all responses to be in writing. I doubt very much your rent has been paid upfront for the next year and a half because if it was then you would not be entitled to any HB until you actually needed to start paying rent. You need to get this checked out urgently because if your rent has been paid upfront and DWP find out you will have to be pay back every penny of that HB that you were not entitled to. He's making it sound like they are receivign double rent for the same property!

Or.....just don't share anymore thoughts about moving with them until you are handing them your one month notice.

he's definitely doing something dodgy and his superiors might not have a clue - You can't use someone's deposit as upfront annual rent without their consent or without breaking the law.

i wonder how many people he's doing this to and how much money he's making out of it?

FarOutAllNamesUsex Wed 26-Nov-14 20:12:51

I am 99% certain that if a deposit isn't protected within 28 days and you aren't provided with all information in respect of the scheme within the same time frame you are not liable to pay any rent at all. This is extremely dodgy. Please don't give this guy any money and get some professional advice. The Residential Landlord Association has a help line and maybe able to help you?

MyPandaisasecretmonster Wed 26-Nov-14 20:56:43

I paid the deposit myself though it went straight from my old landlord to my current landlord (property manager)

The bond he took paid just under 18 months rent top up which was £5 a week , I think it was just shy of £400 .
He said that my HB payments dropped from £125 to £115 over 2 years ago though again I were not informed of this but I'm led to believe this was the case for everyone in my area .

It's his property management company & just him that works for himself so not sure how that works confused

I'm supposed to be setting a Direct Debit up next week to pay what's owed but I'm really unsure what to do now

Hope I didn't miss any questions

Didactylos Wed 26-Nov-14 21:42:51

contact Shelter for some advice on the situation - it sounds seriously dogy, he has not met his legal obligations with respect to your deposit, and should have contacted you re the change in HB amounts/shortfall. No matter if its his property managment company and hes the sole representative, he has to comply with the law: your deposit should have been put into one of the protected schemes and if he hasnt done so you can dispute the matter legally and he may end up liable to pay you more than your deposit when you move

england.shelter.org.uk/get_advice/tenancy_deposits/tenancy_deposit_protection_schemes/tenancy_deposit_protection_schemes

https://www.gov.uk/tenancy-deposit-protection/overview

Didactylos Wed 26-Nov-14 21:43:10

dodgy! oops

MyPandaisasecretmonster Wed 26-Nov-14 22:25:23

I will definitely contact Shelter/ CA thought I won't take it further until the new year as I really can't be having him give me notice now iyswim

MyPandaisasecretmonster Wed 26-Nov-14 22:25:45

Also good to know I'm not imagining things

19lottie82 Thu 27-Nov-14 13:18:31

FarOutAllNamesUsex - This is totally wrong (sorry), so OP please don't stop paying your rent, as this could cause you a load of problems!

Who is this "property manager"? Just to confirm it's the LANDLORDS responsibility to make sure the deposit is protected, no one elses.

In regards to what an unprotected deposit means for you....... basically you can't be served notice to leave, until the deposit has been returned in full. Also, you are within your rights to take him to court and claim UP TO three times the deposit back.

JustMarriedBecca Thu 27-Nov-14 13:47:13

Congratulations! You're now entitled to up to three times your deposit back if it's not been secured (and I do this for a living!).

You should definitely not take any action which could jeopardise your entitlement. Go and see the CAB immediately!

VanitasVanitatum Thu 27-Nov-14 13:55:23

Yep I went to a seminar on this a few days ago, if he hasn't protected your deposit he and the landlord (he is probably contracted by the landlord to sort this) are in big trouble and will owe you money. Obviously don't stop paying rent but take some advice adapt.

VanitasVanitatum Thu 27-Nov-14 13:55:35

*asap

MyPandaisasecretmonster Thu 27-Nov-14 20:41:51

The property manager runs everything for the landlord so the landlord doesn't have to do anything .

I have no intention of stopping my rent , just not sure what to do about the rent top up because of what has happened

VanitasVanitatum Thu 27-Nov-14 21:00:30

Well are you certain you need to pay those tops ups? Has he shown you proof? I would report him to the landlord/council..

MyPandaisasecretmonster Thu 27-Nov-14 21:29:48

Yes I know I have to pay top up as HB was cut , just unsure how much I owe as like I said something just isn't right .

catsofa Thu 27-Nov-14 22:02:13

Yes definitely contact Shelter for advice, don't wait to do that as they get very busy around xmas so you want to speak to someone as soon as possible, even if you don't take any action about it until the new year.

A Direct Debit means they can alter the amount you pay, they cannot do this with a Standing Order so I'd suggest you get their account number and sort code and set up a Standing Order instead of a Direct Debit if you can. If they make you set up a DD then take their bank details from that, you can then call your bank, cancel the DD and set up a SO instead so you have control of how much you are paying them.

MyPandaisasecretmonster Thu 27-Nov-14 23:11:21

Thanks for that , I was going to set the DD up tomorrow but I'll do a SO instead .

I'll contact Shelter next week and see what they advise smile

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