Landlord did not protect deposit

[PlanB]

Re: Landlord did not protect deposit

Thanks guys, I'm so fucked off with all of this, I'm getting to the point where I hope I'm made homeless just so that I can be free of all of this shit. I don't really swear all that often but I am fed up.

Oh dear. I didn't want to upset. you You're in a better position than you think. What if I suggested you check out whether you could claim back all the rent you've paid so far (1 year) because the Landlord wasn't legally entitled to any of it. Maybe suggest that to the solicitor and see what happens

If you don't pay your next month's rent as you suggested then maybe you will be 'asked to leave' but it's hard to see how the "Landlord" could do that or claim that month's rent off you if he hasn't got a legal contract In fact I'm not sure he can even seek possession (serve notices on you) of the property since he doesn't own it. Surely that would have to come from the real *owner* which is Mother-in-Law and it tends to take several months for that to progress.

I'm not advising you to stop paying rent, but I am suggesting that you check out your legal right to stay and/or not pay rent or even claim back the rent you've already paid via the county court

[downnotout]

Re: Landlord did not protect deposit

If anyone is about then some quick advice would be very welcome.
I have just had a phone call from the new landlady, she is coming at 10, with a new tenancy, however she has just asked me for a copy of an itinery. I was never issued with one? and she says that I should have?

I don't want her coming in and claiming my furniture as belongiing to the property.

[Deepie]

Re: Landlord did not protect deposit

If anyone is about then some quick advice would be very welcome.
I have just had a phone call from the new landlady, she is coming at 10, with a new tenancy, however she has just asked me for a copy of an itinery. I was never issued with one? and she says that I should have?

I don't want her coming in and claiming my furniture as belongiing to the property.

If it was me I Would just say you want to look over the new tenancy agreement over the weekend & I wouldn't sign just yet..........

[PlanB]

Re: Landlord did not protect deposit

I agree with In2Deep. Thank her for the new tenancy agreement and tell her you want time to read and understand it with the help of the CAB/housing advisor/solicitor/friend before you sign. The agreement has to be signed and witnessed by a third party so she can't make you sign it on the spot without that or it won't be legal.

Tell her the previous Landlord (BIL) didn't provide you with a new inventory when you moved in but she's welcome to do one now where she'll record the schedule of condition at it is today for when you leave.

It's good news that the family want to regularise the situation for you

[PlanB]

Re: Landlord did not protect deposit

I also think that today would be a good time to deal with the deposit issue. Tell her that you gave the Brother-in-Law £475 deposit and you either want it back or you want it rolled over into this new tenancy agreement and have it written into the contract (AST) and insured within 14 days as per the Housing Act.

If you paid it in cash and didn't get a receipt don't panic. It was a large sum of money which I presume you withdrew from your bank account so it will show on your statment as "cash withdrawn" which you can provide as evidence from an online statement or similar and the dates will tie up with the time you took out the tenancy

[downnotout]

Re: Landlord did not protect deposit

Ok wish me luck, gas safety cert is being done as I type.

[PlanB]

Re: Landlord did not protect deposit

It looks like you've just acquired yourself a new super-efficient professional Landlord. Let us know what happens about the deposit

If your previous Landlord (BIL) didn't provide you with a Gas Safety Centificate then he has committed another criminal offence . . . more about that later. Hope this morning goes well and you get some peace of mind

[jen_br]

Re: Landlord did not protect deposit

Don't sign it helps having a mama as a property manager lol.

Get it scan it we'll read it. as for an inventory go through room by room agree and inital everything.

[PlanB]

Re: Landlord did not protect deposit

Don't sign it helps having a mama as a property manager lol.

Get it scan it we'll read it. as for an inventory go through room by room agree and inital everything.

Most tenancy agreements allow you seven days to amend any inventory after the event if you don't agree with something, so you can do this next week if it's needed

[downnotout]

Re: Landlord did not protect deposit

Panic over, got to go out but will update when I get back. Thanks all for your help.

[downnotout]

Re: Landlord did not protect deposit

Right, the new land lord wants everything above board. Gas cert is now in place, my deposit is being honoured by the new landlord, she will be using my first rental payment to place it in a tds scheme. She wants me to write a list of jobs I want and what needs doing, she hasn't forced me to sign the new tenency agreement and she accepts the there was no itinery. However she has said that an itinery will be done once all work has been complete and the property is in a state of good repair. All in all everything I wanted. Apparently there is already a case. Ring built against my original land lord and the have asked me to provide previous details of rental payment in order to claim this back.

[confused76]

Re: Landlord did not protect deposit

That's great news!

[PlanB]

Re: Landlord did not protect deposit

Right, the new land lord wants everything above board. Gas cert is now in place, my deposit is being honoured by the new landlord, she will be using my first rental payment to place it in a tds scheme. She wants me to write a list of jobs I want and what needs doing, she hasn't forced me to sign the new tenency agreement and she accepts the there was no itinery. However she has said that an itinery will be done once all work has been complete and the property is in a state of good repair. All in all everything I wanted. Apparently there is already a case. Ring built against my original land lord and the have asked me to provide previous details of rental payment in order to claim this back.

That is all good news What a difference a week makes

This has all come about because you turned Inspector Morse and uncovered the truth about this dysfunctional family

I'm thrilled that you've got everything you want and no rent increase either which is even better after a year with rents rising everywhere. See, not all Landlords are bastards

But don't leave us in suspense on this tale of intrigue because I for one will want to know what happens to the old Landlord once you turn supergrass What goes around comes around as they say.

Well done you

[jen_br]

Re: Landlord did not protect deposit

That's awesome... .

[downnotout]

Re: Landlord did not protect deposit

As and when I have something else to add to this I will. Tomorrow or Monday will be the acid test, with the original 'land lord' noticing that he is nearly 500 quid light this month. I just hope that if someone else finds themselves in the same situation, that they will take a crumb of comfort from my nightmare of a few weeks.