My feed
Premium

Please
or
to access all these features

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Landlord refuses to return deposit of shared student house

8 replies

Mamalook · 27/08/2014 17:11

Could anyone help me understand my legal position please?
My daughter and her friends ended the tenancy and moved out of her shared house this summer. They were all obliged to provide parental guarantor forms to cover the rent at the beginning of the tenancy and each student signed a separate rental contract for their room. We paid the rent for our daughter directly to the landlord.
The deposit (£2100 ) was protected by a Deposit Protection Scheme that has informed me that the deposit has been returned to the landlord and is no longer protected by them. Each student paid £350 deposit.
When I asked the LL why we have not had my daughter's deposit back he said one of the tenants did not pay the last 3 months rent £320x3 and there were other " things" not right with the house.!
He maintained that he can withhold the deposit from other tenants to cover the unpaid rent, if this is true why were we obliged to sign a rent guarantor form?
My daughter has had no correspondence at all from him and he is now "unavailable" when I try to call.
I have sent a recorded letter to him asking him to refund the deposit but I am interested to know how we stand legally.
I am so cross, partly at the student who didn't pay correctly and has now gone abroad to work leaving the other students in this position but mainly with the LL who rented out a grotty, grotty house to 6 kids and who now is "unavailable"!
Thank you to anyone who can help.

OP posts:
Report
overmydeadbody · 27/08/2014 17:14

I thought the deposit protection scheme covered you against things like this?


I'd take action through them to get the deposit back from the LL.

Report
PricillaQueenOfTheDessert · 27/08/2014 17:20

This is true - the tenants will be "jointly and severably liable" under the terms of the tenancy agreement. Having a guarantor is usual and standard practice for tenants who do not have regular income.
Leave the landlord out of it and pursue the person who did not pay their rent.

Report
specialsubject · 27/08/2014 19:35

I'd also pursue the deposit scheme - the deposit is supposed to go back to the TENANTS unless a dispute is raised and everyone informed, and the landlord proves damages (not wear and tear). This doesn't sound right at all.

the main fraudster is the student who didn't pay what they owe. Students aren't kids and there is plenty of help at uni to avoid dodgy landlords. If they did have problems, wasn't the uni interested?

Report
iK8 · 27/08/2014 19:38

I bet it was never even in an official scheme.

Report
SierpinskiNumber · 27/08/2014 23:10

Have you checked the deposit was actually in The Tenency Deposit Scheme.

If it wasn't then I think he could be fined 3x the deposit. Info HERE.
I think you are all responsible for the rent though. It really sucks but that's the way it is.

Did your DC have a copy of the inventory (signed) from the beginning of the tenancy and from the end? Did they take lots of photos of the house when they left? Will they be able to dispute any damage the landlord claims they damaged.
Is the house registered as a house in multiple occupation?
Is the landlord a university recommended landlord? Some Uni's have their own schemes to help students.

I won't let my DCs rent houses where we have to act as guarantors. They have easily managed to find houses that don't require it.

Report
KERALA1 · 27/08/2014 23:18

My sister and 3 others paid a months rent in advance and deposit turned up at the house they had rented to find it full of aggressive men. police advised girls to leave it and cut losses. Landlord disappeared never got their money back despite one of the fathers (a solicitor) pursuing the guy. Sorry to be negative but the chances of you recovering the money small IMO.

Report
Planetwaves · 27/08/2014 23:30

I thought if the deposit was in a protection scheme no deductions could be made from if without the written consent of both parties, but can anyone with more legal knowledge confirm this? AFAIK if the deposit is in the scheme it is not meant to be used for the landlord to withhold portions to cover costs or unpaid rent. Yes a joint tenancy is joint and several liability but I think now a deposit can only be withheld by the landlord under very specific circumstances.

Report
specialsubject · 28/08/2014 10:47

planetwaves is exactly right. Something smells very odd here.

Report
Please create an account

To comment on this thread you need to create a Mumsnet account.