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smiffy1967

Advise Needed Then Move This Mods Before I Get Flamed

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Had a local council assisted move last year around July 14th all because i had to bring enviromental health on my previous landlord. I wont go into detail - but the council enviromental health officer negotiated with my previous landlord for him to get my £600 deposit back and the council officer advised us on the day we leave the house our old landlord would give us back our deposit. He never did - when i contacted the council they advised they had no legal power to get it back from him and he had the right to keep it as we left one month before the end of contract - although the earlier move was all negotiated by the council and deposit return also agreed. After loads of wrangling as i have email prrof of the council officer saying that we would get our deposit back - the council offered us £70 compensation. I could not afford to pay solicitors to fight it for me at the time so let it go.

My new contract was bonded by the council and i had a year to save up the bond - the year is up July 14th. The council are responsible for the let conditions until 14th July. The landlady uses the local authority to find tenants, the landlady has yet to furnish us a new contract for 15th july onwards. I received a letter from the landlady today saying that as £600 was not put in the bond fund at the local credit union - that on the 15th July she will require £600 bond plus £600 rent or she wont be able to continue the lease (she will have to pay her own mortgage, can't see her wanting to do that)

I plan to move on July 13th and leave no forwarding address - i will be moving to another county as after 5 years i have now been offered a 2 bed council house on a nice estate. I am leaving my landlady with an additional £600 as i paid £1200 the month i moved in (1 month rent plus 1 months security - but i paid no deposit) i consider the extra months rent as money she can use for any damage and cleaning costs.

I think that she will go to the council and advise i did a midnight move and demand they pay costs as we moved before the council agreed tenancy ended making the council liable as the council acted as the bond holder.

Do i have anything to worry about? I hope the council end up paying the landlady since the council lost me (as far as i am concerned my last deposit - i look at it as poetic justice

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the council will know where you are.

Make sure it's all sorted properly.

Is it too late to claim off your previous landlord at the small claims court?

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the council will know where you are.

Make sure it's all sorted properly.

Is it too late to claim off your previous landlord at the small claims court?

Maybe to late for small claims - how will the council know? I am moving to another county? When i pay my last council tax i was going to tell the council we are immigrating.

Whats the worse case? Council take me to court for the bond? I wanted to take the council to court for (in writing) telling me i would get my previous security deposit back.

Besides - the landlady is getting to keep another £600

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how did you get the council place?

Do either councils have your national insurance number?

No they dont have my NI Number. I dont think i am being unfair - i have been on a waiting list for a council house under another council in another part of the UK for 5 years - i am unable and unwilling to buy a house under the current circumstances as i have no long term job security and with only 10K banked doubt i could get a mortgage. I am sick and tired of being ripped off and having my privacy interupted by BTL idiots - i am sick of them and there greed. Every BTL i have rented i have had one or more problems with landlords - i am sick to death of having security deposits knicked from me with little or no recourse.

My current landlady is getting to keep the extra months rent i paid her - i think the matter should be closed. the Contract we have that expires on 14th July was a council drawn up contract - it says nothing about notice or anything.

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Why give her an extra months rent?

If you're leaving at the end of the contract.

You should really ring shelter!

The deposit she should have given bakc (if there was one) unless you damage the place

the extra rent she's not entitled to if it's a 12 month contarct and you leave on the last day.

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Why give her an extra months rent?

If you're leaving at the end of the contract.

You should really ring shelter!

The deposit she should have given bakc (if there was one) unless you damage the place

the extra rent she's not entitled to if it's a 12 month contarct and you leave on the last day.

I am going to ring her and advise that i paid an extra months rent on the first month, i am sure she will try to retain it for wear and tear to carpets what with my having two young kids

how will the council find me? she is so greedy she will go to the council for recourse and the council will have a legal obligation to pay her as i have run off and not maintained my part of the bargin.

For christ sakes - she allowed me to move my furniture in on July 12th last year but would not let me enter the house until the 14th July 2008 she said that would be two days for free!

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I am going to ring her and advise that i paid an extra months rent on the first month, i am sure she will try to retain it for wear and tear to carpets what with my having two young kids

how will the council find me? she is so greedy she will go to the council for recourse and the council will have a legal obligation to pay her as i have run off and not maintained my part of the bargin.

For christ sakes - she allowed me to move my furniture in on July 12th last year but would not let me enter the house until the 14th July 2008 she said that would be two days for free!

Before we took the lease - the council advised they had struck a deal with my old landlord and i would be getting my security deposit back - then the council tried to walk away when it all went wrong. After complaining in writing to the council they offered me £70 compensation - fobed me off basically full well knowing that any legal chalendge would cost me so much that i would not bother. The council screwed me - let them deal with there parastatic BTL whom uses them to fill up her houses.

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Why give her an extra months rent?

If you're leaving at the end of the contract.

You should really ring shelter!

The deposit she should have given bakc (if there was one) unless you damage the place

the extra rent she's not entitled to if it's a 12 month contarct and you leave on the last day.

I dont want to tell her i am leaving because it will cause arguments with her and i dont have the strengh no longer to fight with these parasites - i am glad it's all over and i have a home to go to that only i will have keys too.

Also, she will be intrusive and want to come and inspect and i dont want that trauma round my young kids - it's happened all to often.

Also, i will have the council breathing down my neck about the bond.

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I would sort this mess out before you move.

Councils do talk to each other and make no mistake your local authority will ask for your previous council tax details, benefits records etc. Will only be a matter of time.

Also if you accepted £70.00 compensation the chances are that would be a settlement on the basis of full and final without any future comebacks through a small claims court.

edit:typo

Edited by Letsdance

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Before we took the lease - the council advised they had struck a deal with my old landlord and i would be getting my security deposit back - then the council tried to walk away when it all went wrong. After complaining in writing to the council they offered me £70 compensation - fobed me off basically full well knowing that any legal chalendge would cost me so much that i would not bother. The council screwed me - let them deal with there parastatic BTL whom uses them to fill up her houses.

I understand your frustration but, the council will have no real recollection or understanding about how they misled you with regard to your deposit. It's also very unlikely they'll hold their hands up to liability.

Most of my experience is on the commercial side but the worry has to be being flagged as a problem tenant damages future relations with councils and the possibiliy they data share on tenants.

My advice is CAB to see about small claims court claim for deposit.

Also CAB about official complaint to council based on your email evidence. Once official complaint is rebuffed you can then go to the local government ombudsman.

If that all seems too long winded going to your local MP could make the council cough up more than the £70 for your lost deposit.

Unfortunately, all these routes are going to be more aggro than your idea, assuming it doesn't backfire.

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I would sort this mess out before you move.

Councils do talk to each other and make no mistake your local authority will ask for your previous council tax details, benefits records etc. Will only be a matter of time.

Also if you accepted £70.00 compensation the chances are that would be a settlement on the basis of full and final without any comebacks through a small claims court.

Not necessarily, assuming nothing's been signed to that effect. It's a common misconception. However, very difficult/impossible to sue councils.

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If you did not accept the £70.00 then maybe go to the local gov ombudsman and explain your predicament. I did this after a botched planning equiry and got back £400.00 costs.

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Not necessarily, assuming nothing's been signed to that effect. It's a common misconception. However, very difficult/impossible to sue councils.

I would find it very unlikely the council will provide a compensation payment without a clause barring any further action. Something like this would have gone through the legal department which usually follows up from requests made from the ombudsman. Further to this claims are later audited at both a local and external level.

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I know I am being stupid but what is the difference between "security" and "deposit"?

If you paid £600 (a months rent I assume) extra at the beginning, then how come this isnt considered a deposit?

I dont really understand.

PS. Just my opinion here, if you have £10k in savings then its not worth the risk of councils/landlords chasing you for money when its only £600, especially if you dont owe it. Deal with the problem.

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I understand your frustration but, the council will have no real recollection or understanding about how they misled you with regard to your deposit. It's also very unlikely they'll hold their hands up to liability.

Most of my experience is on the commercial side but the worry has to be being flagged as a problem tenant damages future relations with councils and the possibiliy they data share on tenants.

My advice is CAB to see about small claims court claim for deposit.

Also CAB about official complaint to council based on your email evidence. Once official complaint is rebuffed you can then go to the local government ombudsman.

If that all seems too long winded going to your local MP could make the council cough up more than the £70 for your lost deposit.

Unfortunately, all these routes are going to be more aggro than your idea, assuming it doesn't backfire.

when we first moved in we where obliged to give her 2 months rent up front plus put £600 in the bond fund. The only thing we did not do was put £600 in the bond fund - If i advise her now that i plan to leave on or about the 14th she will tell me that i have given no notice although there is no contract stipulating i need to give notice

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If there your contract is for a year with no clause saying you have to give notice that you intend to leave once the year is up then you should get your £600 back.

I should get it back - but she will say the usual crap:

It cost us £200 to clean the carpets - we also had to fix the back gate which cost us another £250

all the lies all the BS

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I would find it very unlikely the council will provide a compensation payment without a clause barring any further action. Something like this would have gone through the legal department which usually follows up from requests made from the ombudsman. Further to this claims are later audited at both a local and external level.

Sorry, I know what you're saying but, I still wouldn't assume it to be watertight. It's more often the case that people think they can't pursue a claim because they've accepted settlement/compensation when very often they can.

It's academic really as you'd have to go through official complaint then ombudsman route against a local authority.

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Sorry, I know what you're saying but, I still wouldn't assume it to be watertight. It's more often the case that people think they can't pursue a claim because they've accepted settlement/compensation when very often they can.

It's academic really as you'd have to go through official complaint then ombudsman route against a local authority.

Also i signed nothing. The council sent a letter saying please except this as compsnsation with regards to your complaint

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when we first moved in we where obliged to give her 2 months rent up front plus put £600 in the bond fund. The only thing we did not do was put £600 in the bond fund - If i advise her now that i plan to leave on or about the 14th she will tell me that i have given no notice although there is no contract stipulating i need to give notice

If that's the case you could turn the tables and demand she return the unused rent funds after you've left and pursue her through the county court for it. I'm not sure the existence/absence of a deposit would prejudice your claim in any way. If she ran the argument she was hanging on to your rent overpayment in lieu of the absence of a deposit the court would take a very dim view.

She would have to work very hard in court to prove anything like £600 cleaning, if you take photos when you leave.

Could you possibly claim you had incorrect information of where to pay the deposit. Court would probably view her as being negligent for allowing you to move in without ensuring deposit funds were in place. With the extra months rent upfront it may well look to them like she was trying to circumvent the deposit scheme.

Other alternative is tidy the place up, take photos, pay the £600 deposit into the fund now, leave and then chase her with lots of nasty letters for the unused rent. Culminating with a court case that you'd definitely win - in the absence of any contract (this would look bad for her as well).

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If that's the case you could turn the tables and demand she return the unused rent funds after you've left and pursue her through the county court for it. I'm not sure the existence/absence of a deposit would prejudice your claim in any way. If she ran the argument she was hanging on to your rent overpayment in lieu of the absence of a deposit the court would take a very dim view.

She would have to work very hard in court to prove anything like £600 cleaning, if you take photos when you leave.

Could you possibly claim you had incorrect information of where to pay the deposit. Court would probably view her as being negligent for allowing you to move in without ensuring deposit funds were in place. With the extra months rent upfront it may well look to them like she was trying to circumvent the deposit scheme.

Other alternative is tidy the place up, take photos, pay the £600 deposit into the fund now, leave and then chase her with lots of nasty letters for the unused rent. Culminating with a court case that you'd definitely win - in the absence of any contract (this would look bad for her as well).

It was all very confusing and a stressful time as we had just moved beacuse of another bad landlord and that was a lot of pressure - the councils instructions where also un clear. As far as i am concered we paid one months rent and one months deposit - £1200 but i thought that we where obliged to pay 2 months rent up front + deposit as this is always the case.

When we move out i will ask for the month extra rent i paid back - she will probably say that i gave no notice and just moved but the mickey mouse council contract stipulates nothing

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I should get it back - but she will say the usual crap:

It cost us £200 to clean the carpets - we also had to fix the back gate which cost us another £250

all the lies all the BS

The onus is now very much on LLs to prove tenant damage, hence the deposit scheme. Your problem is that the council might just automatically side with the, in their view, 'respectable' LL.

Basically, pursue her for the rent overpayment. If she says she's kept it for damage then go to www.moneyclaim.gov.uk and put in a claim against her. It will then be up to he to file a counterclaim as to what damage etc. she believes you caused. The judge in court (not scary) will then adjudicate who is to pay what and my guess would be he'll order her to pay you all your rent back with interest (make sure you claim for interest) and your cost of putting the claim in regardless of what she says.

Edited by Soon Not a Chain Retailer

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