Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

My Landlord is trying to take my whole deposit

128 replies

GreenHatsin · 03/02/2023 19:55

I live in a big city, I've been paying £1000 per month for a 1 bed flat for the past two years.

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months and he's sent someone round to inspect the flat.

He said he'll be keeping my entire deposit because I haven't kept the flat to a "good standard."

If I could post pictures of the flat without outing myself I would, however, it is immaculate. I have pictures from when I moved in and I've taken pictures today. It's cleaner than it was when I moved in. I know people say this, but it really is! When I moved in there was dust everywhere and junk in the cupboards.

What can I do here? I am absolutely certain that he doesn't have a case against me. If anyone looked at the flat they would agree.

OP posts:
Happysalley · 04/02/2023 09:29

I wouldn't report the address fraud to the LA as, in the end, its the children that would suffer if they lose their school place. However, I would use it as leverage to get your deposit back as he sounds like a lying shit bag.

Puzzledandpissedoff · 04/02/2023 10:20

He used to live in the flat and has kept it as his address in order to get his children into the local school

Ah, one of those Hmm

Obviously dispute the deposit, though you might struggle if you didn't get pictures/an inventory when you moved in, and definitely check if he's used a deposit scheme. He sounds the type who might not have bothered at all, and if so that could be a useful bargaining chip

Xenia · 04/02/2023 10:21

I may have read this wrongly but is the issue that he gave 3 months' notice and you want to leave sooner? If so he is right on that score - you have to pay the rent to end of notice period unless you and he agree otherwise, even if you find something else.

TinySaltLick · 04/02/2023 10:27

This is absolutely great news op, assuming what you have said is true re the standards and photos, then this is a really easy one for you to win and bask in the moral victory as well. You don't even need tk do much beyond provide the details to the deposit scheme as linked earlier.

I would enjoy this dispute - make the most of the certain victory!

Naunet · 04/02/2023 10:27

Xenia · 04/02/2023 10:21

I may have read this wrongly but is the issue that he gave 3 months' notice and you want to leave sooner? If so he is right on that score - you have to pay the rent to end of notice period unless you and he agree otherwise, even if you find something else.

No she doesn’t, she can give one months notice at any time.

OP, just because he gave you 3 months notice, you can still give your one months notice and don’t have to pay him the remaining 3 months, he’s being grabby. He also cannot just keep the deposit, and if he didn’t do an inventory when you moved in, he’s unlikely to be able to keep any of it. Frankly I’d start playing hard ball, he’s trying to rip you off.

Wibblewibble1 · 04/02/2023 10:31

He is a nasty snake and you will have to start telling him straight. Take pictures of everything so you can prove your case, then tell him he returns the deposit or you take him to court. You also should not have the pay the additional three months as he wants you out. He has turned nasty as he doesn’t need you now. Seek legal advice and get this sorted asap.

Wibblewibble1 · 04/02/2023 10:32

Xenia · 04/02/2023 10:21

I may have read this wrongly but is the issue that he gave 3 months' notice and you want to leave sooner? If so he is right on that score - you have to pay the rent to end of notice period unless you and he agree otherwise, even if you find something else.

Op can give him one month notice immediately and she won’t owe him anymore .

Arnaea · 04/02/2023 10:35

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months

Well of course he wants you to pay for the remaining 2 months, he gave you 3 months notice.

What is in your contract about notice

Naunet · 04/02/2023 10:36

Arnaea · 04/02/2023 10:35

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months

Well of course he wants you to pay for the remaining 2 months, he gave you 3 months notice.

What is in your contract about notice

It doesn’t matter what’s in her contract, she’s been there 2 years so unlikely to still be under a fixed term, but instead on a rolling contract which means she’s entitled to give 1 months notice at any time. It’s only within the fixed period this would be a problem.

Justmeandthedog1 · 04/02/2023 10:43

GreenHatsin · 03/02/2023 19:59

He told me he was going to put my deposit in the deposit protection scheme when I moved in. However, I don't know if he actually did.

Law is he has to give you a copy of the certificate issued by the Deposit scheme. There are only 2 or 3. If you Google the different schemes you can check if your sells it is covered.
Check all your paperwork you were given when you moved in ( it’s essential tenants always keep everything) Ll should have issued you with
Tenancy Agreement
Copy of deposit certificate
A copy of current gas safety certificate ( must be reissued annually)
A copy of Tenants Right, your right to rent ( government dicument)
These can be via email.

He cannot just say he’ll keep your deposit. He has to tell the deposit scheme there is a dispute, you get your say, they mediate.
Check EVERYTHING. If he’s missed registering your deposit, he’s broken the law. IMO bad landlords are worse than bad tenants.
( ex landlord 20+ years)

Stardu · 04/02/2023 10:50
  1. Go to the deposit protection scheme website and check if your money is there. If it is, he can’t take it without a court order unless you agree, and is just trying it on.
  2. If your money isn’t protected, research the legal position, maybe speak to Citizens Advice Bureau, and decide on your next steps. If it was me I would definitely stop paying rent immediately (and change the locks) to strengthen your position. It may be a breach of contract but what’s he gonna do?
  3. Either way, write him a letter stating that the flat is in better condition than it was when you moved in, that you deny and reject all his claims to the contrary, and that you require the full return of your deposit on departure, failing which you’ll start legal proceedings against him. Say “all rights are reserved.”

Good luck!

ChiefWiggumsBoy · 04/02/2023 11:01
  1. It doesn't matter whether you 'mind' if he protected your deposit. He is legally obliged to do so.
  2. There are only three - check www.gov.uk/tenancy-deposit-protection the links here. If he hasn't protected your deposit you can claim back up to 3x your deposit amount.
  3. He can't make you pay extra if you're on a rolling contract. I'm not even sure he can if you're not, considering he's selling up. Speak to Shelter.
  4. It's not legal for him to use YOUR address to get his kids into a school.

You sound incredibly passive about this. Take some action. Be more savvy next time.

mynamesnotMa · 04/02/2023 11:07

If he's pretending this is his main residence he's trying to avoid CGT.

emark · 04/02/2023 11:07

Deposit must be in a scheme either custodial - all deposit given to scheme or insured- landlord retains for a small fee.
Landlord hasn't supply tenants contact details so tge scheme can send them tge protection details.

If you didn't receive this it is unlikely protected. You need to speak with a property solicitor as the landlord will be fined and you will then get the deposit back.

Mummyoflittledragon · 04/02/2023 11:20

You absolutely should threaten to pursue him op on the school place and the deposit scheme. He’s got no qualms whatsoever of putting the fear of god in you. If he has protected the deposit and presuming you’re on a rolling / periodic tenancy, not fixed term, the notice is generally a month but sometimes there is a notice clause of 2 months (which may not be enforceable) for you as the tenant. Check your contract.

Gotta wonder what else this snake isn’t doing. I agree you should tip off HMRC as he’s possibly pretending he lives there and not paying rent.

MzHz · 04/02/2023 11:42

Has the flat sold?

as an ex inventory clerk we had a LL who tried to deduct money from the tenant

he failed because the deduction is to cover the financial hit he’ll take to cover the work to remedy the damage etc. if the property is sold as it is, there isn’t any financial loss or damage for him to fix as it’s no longer his property (or about to be)

don’t worry. It’s all about the original inventory when you moved in and condition now taking natural wear and tear into account. No inventory? He hasn’t got a prayer.

no deposit scheme? I believe he’s in for a large fine…

speak to Shelter, they’re amazing in explaining your rights and his obligations

MzHz · 04/02/2023 11:42

mynamesnotMa · 04/02/2023 11:07

If he's pretending this is his main residence he's trying to avoid CGT.

Yeah so that could be well worth speaking to inland revenue about

Shadesofscarlett · 04/02/2023 11:49

please speak to Shelter - deposit not in a scheme means you can claim 3x the amount back I think. Does he have a BTL or standard mortgage, if the latter then he is breaking the terms of his mortgage.

Also he is committing fraud - pretending to live there when he does not. This can also be reported I am sure.

Notanevillandllord · 04/02/2023 11:58

Op did you receive an email within 30 days of moving in tell you that the deposit was protected in a scheme?

If not they've broken the law and you have the upper hand?

Trawl through your emails and check this first before doing anything else.

If they have protected it then raise a dispute with the scheme as the LL is not allowing for fair wear and tear.

OntarioBagnet · 04/02/2023 11:59

Sotiredmjmmy · 03/02/2023 21:28

No you are wrong @Athousandwishes - there are two different types of deposit protection scheme (and then several different providers of them). Custodial and insurance. A landlord can choose which type to use, the insurance scheme the actual deposit monies stay with the landlord. Custodial scheme the deposit money is handed over to the scheme to hold

Both types are fully compliant

Show quote history

Yes. But they actually have to have done it and some do neither. A relative of mine is a slightly dodgy landlord and has just been taken to court by his ex tenants for not doing either and is now going nuts at having to pay 3x the deposit, not being able to keep any deposit for damages and the last months unpaid rent. I’m not defending them btw.

AaaaaandBreathe · 04/02/2023 14:33

In Scotland the landlord does not have to use a TDS if they are also a resident of the property. Is that the case in England/Wales?

Cherrysoup · 04/02/2023 15:44

Craver · 04/02/2023 09:11

Either small claims court or trash the place as you are leaving.

What a twattish thing to post. So the landlord can have her done for criminal damage? Ridiculous.

Crikeyalmighty · 04/02/2023 15:59

I've got a very very posh national agency currently trying to charge me for a full professional tenancy clean when we had Molly Maids for a full professional clean when we moved out plus oven AND took pictures. It was totally immaculate - Some of them I'm sure are getting backhanders and are in league. It's disgusting !!

GETTINGLIKEMYMOTHER · 04/02/2023 16:10

As a LL I have always registered the deposit with one of the schemes, and given a copy of the paperwork to the tenants, but have kept the cash myself.

If a deposit hasn’t been registered, and paperwork proof has not been given to the tenant, then they are entitled to claim three times the monthly rent.

Xenia · 05/02/2023 10:35

yes, same with son - always hsa the deposit done properly and the tenant is required to sign too.
My comment about a fixed term above sound like it was wrong because there was no tenant commitment to stay for a year as a lot of tenancies are here so she would not have to stay to end of a fixed year but could go sooner on a month's notice. If instead she had signed up for a fixed term one year assured shorthold and wanted to leave sooner I believe in that case she might be at risk of being liable for the landlord's losses from an earlier termination than had been agreed.

Swipe left for the next trending thread