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evansmg00

Further Renting Woes

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Hi,

I would appreciate any words of advice from all those more knowledgeable than me on the subject!

My girlfriend is currently living in a room in a shared house, this is an 'all in' deal where the LL pays all the bills, council tax etc for a cheap fixed fee each month. The downside is that he is a complete cowboy, such that:

He has not issued her with any written tenancy agreement (only 1 of the 4 people in the house has one, think he basically forgot/couldnt be bothered, he has a lot of BTL properties and doesnt seem to be able to keep track very well)

Deposit has not been put in a TDS, when I asked him re: this on her moving in he said, " I dont need to bother with that as I never have any problems with returning deposits" didnt really seem to know about it.

One girl moved out last month - she is still awaiting her deposit back - shock.

My gf is looking to move out in August, but now not expecting deposit back. She decided not to pay the final months rent, so has been pushing back the time she pays rent to see how long it takes before he's chasing it - logic being he's pretty slack with everything else and might forget. Rent is due on the first, and he texted her today to say he charges a £30 fine for late rent - pretty sure this is not enforceable?

Problem now is not paying the final months rent seems a bad idea as it will result in repeated hassle for at least 3 weeks requesting rent, also he could just come round and throw her out as there is nothing in writing in terms of tenancy agreement -I did tell her to sort this at the start, but she didnt listen!

Any ideas on the best way forward?

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If she has no AST then the LL has no obligation to put her deposit in a protection scheme if I understand the situation correctly.

£30 fine completely unenforceable. If I were her I'd write to him, by recorded delivery, telling him that he can either (i) keep the deposit in lieu of the final month's rent, or (ii) provide documentary evidence that he's put her deposit in a protection scheme, in which case she'll pay the last month's rent as normal.

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If she has no AST then the LL has no obligation to put her deposit in a protection scheme if I understand the situation correctly.

£30 fine completely unenforceable. If I were her I'd write to him, by recorded delivery, telling him that he can either (i) keep the deposit in lieu of the final month's rent, or (ii) provide documentary evidence that he's put her deposit in a protection scheme, in which case she'll pay the last month's rent as normal.

I agree

There is no contract and therefore nothing with her signature on it. If he had a contract stating a £30 late penalty fee and she had signed it, then she would have to accept it.

The deposit is nothing to do with the rent. The deposit is to pay for any damage on the check out of the property. If the deposit was used for a final rent and the tenant left a big mess behind, the landlord would have no comeback. Saying that the landlord has not registered the deposit and in not doing so he would have no rights within a small claims court.

It also sounds like you are lucky to be getting out. Such a slack landlord probably doesn’t do the legally required gas safety checks or have his electrical appliances PAT tested either.

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I agree

There is no contract and therefore nothing with her signature on it. If he had a contract stating a £30 late penalty fee and she had signed it, then she would have to accept it.

The deposit is nothing to do with the rent. The deposit is to pay for any damage on the check out of the property. If the deposit was used for a final rent and the tenant left a big mess behind, the landlord would have no comeback. Saying that the landlord has not registered the deposit and in not doing so he would have no rights within a small claims court.

It also sounds like you are lucky to be getting out. Such a slack landlord probably doesn’t do the legally required gas safety checks or have his electrical appliances PAT tested either.

Fines are not allowed in an AST contracted or not... period they can only charge a reasonable rate of interest

She should never have paid a deposit if she did not have a contract and without a contract the LL doesn't have a leg to stand on, don't pay the last months rent and walk.

Edited by Matt Henson

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Fines are not allowed in an AST contracted or not... period they can only charge a reasonable rate of interest

She should never have paid a deposit if she did not have a contract and without a contract the LL doesn't have a leg to stand on, don't pay the last months rent and walk.

Wow, I agree.

A LL in London once tried to take my deposit and said he didn't give reciepts/contracts. I laughed in his face.

Imagine where I told him to go........ :lol:

Saw him in the local pub a few weeks later - I've NEVER seen a man drink his pint so fast and leave - total scumbag.

Edited by renterbob

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  • 400 Brexit, House prices and Summer 2020

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      • down 5% +
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      • Even
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      • up 5%



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