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Family member stealing rent!

(18 Posts)
yummum19 Thu 27-Mar-14 18:18:57

Hi all, long story so apologise in advance.

I was looking for a place to rent with my 1yo DD and a family member mentioned he knew his boss had a vacant flat. I expressed interest and the family member (let's call him bob) said his boss had said he was too busy to deal with it so he was 'employing' bob to act as the agent. If I needed anything or had any issues I would contact bob and he would sort it out. I was fine with this and moved in September last year.

Lots of issues came up after this. I wanted to pay the rent via bank transfer, I was told the landlord did not want this. He wanted me to give bob cash. I asked for receipts and there we're always reasons why I couldn't at the time. I asked for his phone number/email address, bob said I was not allowed this either as he did not want me contacting him! There was no heating amongst other problems and I decided after 6 months (my contract was only 6months to begin with) that I had to leave.

I then had a constant battle with bob for over a month about getting my deposit back. Every time I spoke to him he would have a new excuse why I couldn't have it, even though none of them made sense. At this point I was fed up and told bob I wanted his boss' email ASAP! He sent me what I found out later to be a fake email address (it was actually him) and he was the one replying pretending to be my landlord.

Fast forward abit I managed to contact the landlord and he explains to me he has not even getting my rent. Some months he was only receiving half of it and others he got nothing! Bob had been taking the money for himself (including my deposit which the landlord never received) and was telling the landlord it was because my daughter was fighting for her life in hospital!!!!!! My DD is ill but was NOT in hospital and even if she was I would still have paid my rent! My landlord believed he was doing a nice thing by helping out a family in need when in actual fact bob was stealing money?!

So, my question is.. What do I do? Can I go to the police with this? Who's responsibility is it to pay me back my deposit? Bob: as he has it? Or my landlord as he put bob in charge therefore he should have some liability to this mess?

Thank you if you have got this far!

AdoraBell Thu 27-Mar-14 18:23:51

I would say bob should be paying back your deposito and paying over all the money he collected from you To the owner, but I don't know what the legalities are.

Could you Get this moved To Legal and see if Those MNers can advize?

FuckyNell Thu 27-Mar-14 18:26:54

Bob deserves a kick in the nuts

FuckyNell Thu 27-Mar-14 18:27:17

How're you related?

KeemaNaanAndCurryOn Thu 27-Mar-14 18:29:28

Definitely police.

yummum19 Thu 27-Mar-14 18:30:59

funkynell he's my stepbrother

BOFtastic Thu 27-Mar-14 18:31:52

You need to go to the police before he does a runner.

yummum19 Thu 27-Mar-14 18:33:23

Would the police even do anything though? Because he wouldn't give me any receipts I have no proof. Luckily I have spoken to the landlord now at great length and be has apologised and said he shouldn't have put bob in charge but says it isn't his place to give me back any money as bob owes him now too. The landlord paid money to bob to fix a problem with the property and bob kept the money and no repairs were done

BOFtastic Thu 27-Mar-14 18:33:25

Oh, and I'd kiss your deposit goodbye, at least for now- as they say, you've got two hopes: bob hope and no hope.

BOFtastic Thu 27-Mar-14 18:34:59

You have got the landlord, who can confirm what you say. Your bank statements should show the lump sums you took out for rent, and you should still have the fake emails, surely?

AdoraBell Thu 27-Mar-14 18:38:53

If you do still have the emails then print them Today, along with bank statements if on line bank.

yummum19 Thu 27-Mar-14 18:39:18

Yes I have kept all them. The landlord has also sent me texts that bob sent him telling him my daughter was dying. Words can't describe how angry I feel towards him!

caroldecker Thu 27-Mar-14 18:55:59

Do you have a contract signed by the landlord? Do you have a receipt/other proof for the deposit?

If so, the landlord owes it to you and you can get additional monies as it was unprotected here

the landlord is responsible for the actions of his employee - if Bob was an estate agent, do you think the landlord should get off scot-free?

yummum19 Thu 27-Mar-14 19:48:32

Yes I have a tenancy agreement signed by the landlord which says on it I have paid the deposit .

AdoraBell Thu 27-Mar-14 20:57:05

Then persue the landlord and let him deal with Bob as he sees fit.

Never trust Bob again, obvs, if tells you it's raining Go outside and check.

caroldecker Thu 27-Mar-14 21:17:46

The landlord is fully responsible for the behaviour of Bob and does not have a leg to stand on. He is legally responsible for protecting the deposit and has failed to do so - tel him you want the deposit back and will go to small claims court if he refuses to do so.
See my link above to shelter who have pro-forma letters for this.
Bob's behaviour is irrelevant, the landlord is responsible for his employees/agents etc.

yummum19 Fri 28-Mar-14 19:39:47

Went to police, they said It was a civil matter not a criminal one so I'll have to go down the small claims route. Thank you for all your advice

Kakaka Sat 29-Mar-14 00:51:40

The landlord is responsible here because you had a signed agreement. He has been negligent. He should have put your deposit into a deposit protection scheme. I understand that if he didn't do this, he is liable for a fine which is some multiple of your deposit. In future, you are legally entitled to have the name and address of your landlord.

I think you should contact Shelter.

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