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Greenleaf
25-07-2010, 17:37 PM
Hi, I’m a student at Uni. I’ll try to be as brief as I can. I moved into private rental accommodation as an AST with 11 other students in Sept 09.
We all had separate contracts, different size rooms and different rents.
Some had their deposits protected, some didn’t including me.

There have been many issues with the LL e.g. entering the house without proper notice; actually entering my room while I was asleep; contracted cleaners stopped coming in March; day of fire safety inspection there were 5 men in the house putting up fire safety equipment (this was long after we all moved in). These are just a few examples.

My question is, as I owe 2 month’s rent, is the LL allowed to keep the deposit? I have tried to get the LA to accept this but they said they are ‘not allowed’ according to the TDS. But my deposit hasn’t been protected!
What do people think? Thank you.

Springfields
25-07-2010, 18:21 PM
Hi, I’m a student at Uni. I’ll try to be as brief as I can. I moved into private rental accommodation as an AST with 11 other students in Sept 09.
We all had separate contracts, different size rooms and different rents.
Some had their deposits protected, some didn’t including me.

There have been many issues with the LL e.g. entering the house without proper notice; actually entering my room while I was asleep; contracted cleaners stopped coming in March; day of fire safety inspection there were 5 men in the house putting up fire safety equipment (this was long after we all moved in). These are just a few examples.

how and when did you receive notice prior to entry

My question is, as I owe 2 month’s rent, is the LL allowed to keep the deposit? I have tried to get the LA to accept this but they said they are ‘not allowed’ according to the TDS. But my deposit hasn’t been protected!
What do people think? Thank you.

has the agent confirmed that the deposit hasnt been protected who holds the deposit LA or LL?

Greenleaf
25-07-2010, 19:18 PM
Thanks for replying so quickly, Springfields. Landlord or lady or LA usually turned up unannounced, letting themselves in. The LA has not confimed that the deposit is in a secure scheme. I've checked twice with all three.

Snorkerz
25-07-2010, 22:51 PM
Most tenancy agreements prevent the use of the deposit by the tenant for rent. However, if you leave with rent arrears, the landlord would nornally deduct any unpaid rent from the deposit.

This does not change the fact that you currently owe 2 months rent and could be facing mandatory eviction under section 8 of the 1988 Housing Act.

If you find yourself facing a section 8 eviction, you might find this useful http://england.shelter.org.uk/forums/index.php?showtopic=237&st=0&p=573&#entry573

As the deposit is unprotected, you might want to send the template letter on this page: www.snorkerz.com/tenants/unprotected deposit.html (http://www.snorkerz.com/tenants/unprotected deposit.html)

Greenleaf
25-07-2010, 23:16 PM
Hi Snorkerz, it actually says in the AST agreement regarding the Deposit that any money or rent due payable by the tenant can be taken by the LL or LA (I don't know which). It also says that the LA is a member of the TDS, but there's no record of it being held.

BTW, the original LA went bust a couple of months ago now I'm dealing with a new one. All along they are getting small details wrong, like they've spoken to my father when, in actual fact, they spoke to me! I'm female lols!

I suppose I've answered my own question but I just wanted to make sure before I reply to the LA.
Thanks

Greenleaf
25-07-2010, 23:18 PM
Snorkez, thanks as well for the links. I've already visited the shelter site and I also forgot to tell you my tenancy ends in August.

Snorkerz
25-07-2010, 23:25 PM
Hi Snorkerz, it actually says in the AST agreement regarding the Deposit that any money or rent due payable by the tenant can be taken by the LL or LA (I don't know which). Yes, that means the landlord can use the deposit for rent - it does NOT mean the tenant can use it at will for rent
BTW, the original LA went bust a couple of months ago now I'm dealing with a new one. All along they are getting small details wrong, like they've spoken to my father when, in actual fact, they spoke to me! I'm female lols!Which agent you deal with doesn't really affect much - your contract is with the landlord and he/she hasn't changed.
Snorkez, thanks as well for the links. I've already visited the shelter site and I also forgot to tell you my tenancy ends in August.The fixed term may well end in August, and you can leave on the last day without notice - however you don't HAVE to leave then if you don't want to, and without a protected deposit (and I shouldn't be suprised if there is no HMO license) then the landlord would not be able to evict you under section 21 - ie you can only be evicted if you breach your tenancy term (for example, not paying 2 months rent ;))

Greenleaf
25-07-2010, 23:46 PM
Ahh, this is where there are a whole host of issues with the landlord that is really nothing to do with me. He has already been sued by the council for HMO but he went ahead and got us all in. The recommendation was for an occupancy for 5- 8 occupants not 12!

This is the kind of LL I and my fellow housemate are dealing with. We are all leaving this house because of him!

There's also complaints from the neighbours about it being a HMO - it's online for all to see, though I only found out last month about neighbour complaints

My new landlord has already protected my deposit :)

p_cas
26-07-2010, 06:16 AM
Is your deposit the equivalent of 2 months rent? I'm guessing it is as you are hoping that the LL will simply use this to pay off what you owe in rent. How do you intend to cover the cost of any damage etc to the property?

If you leave without paying the rent you owe then the LL will naturally try and recoup this from the deposit, but you may still owe money which, if it is a valid claim, he could get back through Court action.

Are the rent arrears due to hardship or have you 'engineered' this because of the problems with the LL?