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Wet
27-03-2009, 02:45 AM
Sorry to ask but having problems with my LL again.

When I took house on advert in paper stated £500 per month / £500 deposit (still have copy of ad)

TA states that rent is two months in advance.

Receipts from LL state DEPOSIT £500

Deposit not in any deposit scheme by LL's own admission.

Is this a deposit or not? Can scan TA is that helps.

In dispute with LL as repairs not carried out and he owns property 2 doors awa with noisy, abusive tenant who is causing major probs to others as well as me but came to a head when he threatened my kids whilst drunk at the weekend.

I want out but LL wont return deposit as claiming rent in advance and cant afford to move if I dont get it back

Any help please? Also been asking for Gas Certificate for last 4 months and he can't produce it - does this help at all? As earlier posts LL is not insured either.

Ericthelobster
27-03-2009, 07:46 AM
When I took house on advert in paper stated £500 per month / £500 deposit (still have copy of ad)

TA states that rent is two months in advance.

Receipts from LL state DEPOSIT £500

Deposit not in any deposit scheme by LL's own admission.

Is this a deposit or not?Hard to see how that can be construed as anything BUT a deposit! You could use the threat of taking him to court to claim 3X the value of the deposit from him as leverage to make him let you go, but if the LL is convinced it's not a deposit that won't help you, and you're going to have to take him to court to prove the point.


Also been asking for Gas Certificate for last 4 months and he can't produce it - does this help at all? As earlier posts LL is not insured either.You can and probably should dob him in to the council over the gas certificate, but can't see how that helps your problem. Don't know/remember the previous insurance story but AFAIK there's no requirement for insurance anyway.

Borat
27-03-2009, 09:33 AM
Unless you didn't pay any rent for the first two months then it's a deposit as it is 'held against future obligations and liabilities'. Look up 212(8) Housing Act 2004.

Paul Gibbs
27-03-2009, 12:54 PM
Its not binding but see case: -

http://nearlylegal.co.uk/blog/2009/02/its-not-a-deposit-honest/

it is a good indication of how a court would approach your case, but is no guarantee!

Wet
28-03-2009, 04:23 AM
Thank you so much for your replies especially the link that took several reads but has finally made sense (I think).

Had more threatening phone calls from LL today and felt so much more confident in answering him having read the replies on here.