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Landlord wants more deposit because i'm pregnant! Can he do this???

31 replies

tunise · 01/05/2010 15:32

Hi, i don't know if anyone can advise me?
We have 3 children and i'm 5 months pregnant with number 4. We have rented from the same private landlord for over 5 years and lived in 2 of his different properties.
During a routine inspection last week i mentioned the (quite obvious) pregnancy. Today we have received a letter from the landlords company, saying that he has concerns "that with the arrival of a new baby there will be 2 adults and 4 children living there, which will consequently add to increased wear and tear." and
"We will be seeking an extra deposit of £400 due to the current deposit being insufficient to cover any issues at checkout. This can be paid in installments."
At the moment he holds a deposit of around 1 months rent, which we paid at the beginning of our first tenancy.
Is he allowed to now demand a larger deposit?? He also says that Notice to vacate will also be served unless we agree to the above. I cant magic £400 up and with maternity leave coming up am going to be stretched already.
I intend to seek legal advice next week but wanted to see if anyone knows what my position is as i will be stressing over the weekend.
many thanks x

OP posts:
ilovemydogandMrBrown · 06/05/2010 19:08

Have you tried the council's Housing department? Even if you are in rented accommodation, they know all about Housing legislation.

10poundstogo · 08/05/2010 19:47

I would very politely tell him that as this is not stipulated in the terms of your contact (check it is not - unlikely) that you are not prepared to pay the money. point out how you have looked after the place and would not dream of trashing it etc. Not a lot he can do, other than serve you with 2 months notice and start looking for a new tenant, which will cost him the £400 in agro and he wont know who he is getting - better the devil you know and all that!

Reallytired · 08/05/2010 20:01

I am sure that is not legal. It is ridiculous to suggest that newborn baby is going to do 400 quid worth of damage. Trust me large dogs or boyfriends who smoke excessively are more expensive.

I suggest you contact shelter and the council. They will know the legal position.

Flossbert · 10/05/2010 02:25

I second catkins' suggestion - LandlordZone is positively bursting with knowledgeable bods. FWIW I think he can only increase the deposit at the start of a new fixed-term AST.

abitlostandconfused · 11/05/2010 06:57

Or post on Martin's moneysaving expert forum as it has a rental page there. I think this is outrageous and probably illegal.

let us know how you go.

foreverastudent · 14/05/2010 20:54

this is a rent increase disguised as a deposit. unless a rent increase clause is in the contract he cant charge this.

BUT he can legally evict you any time he wants (with the required notice) for any reason

so effectively you are being held to ransom

if you were planning to move shortly anyway, I'd suggest just geeting on with that now.

I think he just doesnt want such a big family in his property and is asking for this money as a way of getting you to leave. I get the feeling that even if you pay it he will still try to evict you once the baby is born. And you woont need the stress of that then.

Best for you to stay in control and make your move first.

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