Page 23 | Landlord request feels unfair

Uberbeeboo · 2024-08-23T16:25:06+00:00

Hi, I'm looking for some advice about our rights as tenants. We have lived in our rental property for coming up to 5 years and were made aware in March our landlord wanted to sell when our tenancy ended on 31st august 2024. We therefore purchased a new build property which we believed would have been built by now, however we now have been given the completion date of 30th September 2024. Today we asked the estate agent who manages our property if we can stay until our new property is ready to move into and they have responded with an ultimatum saying we can stay, but there will be a £400 increase of the rent per month starting next week when the rent is due. The rental house is not sold and we've only done 2 viewings since April. We've been good tenants and were disappointed we had to move anyway. We really can't afford an extra £400 next week, so I was hoping if someone would kindly give me a little guidance with this please?

Crikeyalmighty · 23/01/2025 15:40

@Uberbeeboo I would feel very let down by the scheme too, that's not how it's meant to work

NoWordForFluffy · 23/01/2025 16:13

Crikeyalmighty · 23/01/2025 15:40

@Uberbeeboo I would feel very let down by the scheme too, that's not how it's meant to work

I don't think the other two schemes work the same. Probably why they chose that one.

NoWordForFluffy · 23/02/2025 11:54

Any news, @Uberbeeboo?

Ohnobackagain · 23/03/2025 10:24

@Uberbeeboo did you ever get the deposit
back?

Original poster

Uberbeeboo · 10/09/2025 22:39

Hi I just wanted to update those who were interested and following my moving nightmare. We had to request the deposit via the scheme and apparently he refused to engage with them at all to release our deposit so it was given back to us in full. Basically he had no case and just wanted to cause as much distress and inconvenience as possible. We’re settled in our new home now and all is well 🙂.. thanks to everyone who offered guidance and support. It was such a stressful time xx

OP posts:

OlderGlaswegianLivingInDevon · 10/09/2025 23:12

When did you get your deposit back ?

That was such a long journey for you both, at least it is all over.

NoWordForFluffy · 11/09/2025 06:07

That's a relief, @Uberbeeboo. Hopefully you can just put it behind you and move on.

What a twat your ex landlord is.

FawnFrenchieMum · 11/09/2025 06:17

Glad to see your update @Uberbeeboo but what a nightmare it was for you.

rainingsnoring · 11/09/2025 06:39

What a bastard your LL is. It's awful that you had to wait 6 months for your deposit but I'm pleased you got it back eventually.

BruceAndNosh · 11/09/2025 07:24

I wonder if he's managed to sell your old place yet? Hopefully not

ALovelyCupOfNameChange · 11/09/2025 07:35

Thank goodness you didn’t need that deposit for the new place.

At least it all got sorted in the end, he’s such a petty little twat

MonicaWalkaway · 11/09/2025 08:13

Thanks for updating! What an arsehole - I'm glad the deposit scheme got it back to you eventually.

Wot23 · 11/09/2025 09:09

NoWordForFluffy · 23/01/2025 16:13

I don't think the other two schemes work the same. Probably why they chose that one.

Show quote history

all the deposit schemes allow either side to refuse "arbitration" (ie resolve a dispute through the scheme itself) because there are circumstances where court is the better option:

a) the max that any scheme can "award" is the full value of the deposit.
So, for example, if the check out showed extensive damage the LL would need to go to court for the full deposit plus any extra. You can't get extra through the schemes. Of course the court is the one who decides if such a claim is valid so court action is not without risk.

b) if the LL or T agrees to arbitration then both parties are bound by the decision of the scheme. A court would probably reject a case that has already been subject to arbitration unless there was a point of law at stake.

c) some LL and some T believe the schemes are biased to the other side and have more faith in the impartiality of a court so prefer to use that route.

As it turns out in this case, OP's situation is a perfect example of why all the schemes also have the fall back of a "no action taken" deadline.
Once that is reached the scheme will automatically release the deposit to whichever side lodged the claim for it.
You can debate till the cows come home how long the deadline should be, in this case it is 6 months, which in reality does reflect the massive delays currently occurring on cases coming to court.

NoWordForFluffy · 11/09/2025 09:12

Wot23 · 11/09/2025 09:09

all the deposit schemes allow either side to refuse "arbitration" (ie resolve a dispute through the scheme itself) because there are circumstances where court is the better option:

a) the max that any scheme can "award" is the full value of the deposit.
So, for example, if the check out showed extensive damage the LL would need to go to court for the full deposit plus any extra. You can't get extra through the schemes. Of course the court is the one who decides if such a claim is valid so court action is not without risk.

b) if the LL or T agrees to arbitration then both parties are bound by the decision of the scheme. A court would probably reject a case that has already been subject to arbitration unless there was a point of law at stake.

c) some LL and some T believe the schemes are biased to the other side and have more faith in the impartiality of a court so prefer to use that route.

As it turns out in this case, OP's situation is a perfect example of why all the schemes also have the fall back of a "no action taken" deadline.
Once that is reached the scheme will automatically release the deposit to whichever side lodged the claim for it.
You can debate till the cows come home how long the deadline should be, in this case it is 6 months, which in reality does reflect the massive delays currently occurring on cases coming to court.

Edited

Show quote history

Other schemes release more quickly / have a different deposit request process though.

She would likely have got it back more quickly with DPS, for instance, due to how it works. That was my point (many months ago).

Wot23 · 11/09/2025 10:00

NVM I quoted the wrong post as was responding to the comments on this page complaining about the 6 month time period

Original poster

Uberbeeboo · 11/09/2025 18:38

Thanks everyone for your support. I think the most frustrating thing about it was the lack of communication with the estate agent. The house was pristine when we left it, with no damage at all yet the estate agent told the tenancy deposit guys that he was taking us to court and would not be using their services. He did not have to inform them why. We never knew what he intended to apply to court for, as he refused to respond to emails, calls and letters. It definitely wasn’t due to arrears as we were fully paid up to date and if there was any damage surely we would have been told what it was. He was just very angry with us and he made it personal. We got the deposit back in April this year, so we waited the full 6 months. There was a further 10 day delay as he refused to engage with the tenancy deposit people. All he had to do was prove that he had made an application to court, even if it hadn’t been heard yet. Apparently he did not reply to emails and hung up on them when they called so the deposit was released automatically.

The old house is still up for sale, which is a shame as it’s starting to look run down as the front garden is pretty overgrown.

OP posts:

rainingsnoring · 11/09/2025 19:17

Uberbeeboo · 11/09/2025 18:38

Thanks everyone for your support. I think the most frustrating thing about it was the lack of communication with the estate agent. The house was pristine when we left it, with no damage at all yet the estate agent told the tenancy deposit guys that he was taking us to court and would not be using their services. He did not have to inform them why. We never knew what he intended to apply to court for, as he refused to respond to emails, calls and letters. It definitely wasn’t due to arrears as we were fully paid up to date and if there was any damage surely we would have been told what it was. He was just very angry with us and he made it personal. We got the deposit back in April this year, so we waited the full 6 months. There was a further 10 day delay as he refused to engage with the tenancy deposit people. All he had to do was prove that he had made an application to court, even if it hadn’t been heard yet. Apparently he did not reply to emails and hung up on them when they called so the deposit was released automatically.

The old house is still up for sale, which is a shame as it’s starting to look run down as the front garden is pretty overgrown.

I'm really sorry that you had to go through all that. The EA sounds like an utter bastard too. You should definitely make a complaint to their regulator. It's definitely worthwhile after everything they have put you through. Frankly, there should be compensation for the tenants in this sort of situation.

Agapornis · 12/09/2025 01:39

A bit of karma for him though, not getting rent for a year 😈 Bet it hasn't sold because he doesn't reply to those messages, either! Maybe it's all some tax dodge or con.

I would feel better hearing that he's treating the deposit people just as rudely as he'd treated me. At least it's not personal, just a weird man angry with the world.

Frikadelle · 12/09/2025 15:16

Thank you for coming back with an update. I was bullied by a similar estate agent when I was a student, he ended up keeping all of our deposits. I love your tenacity, I hope your thread can help others dealing with a similar situation.