Is this even legal? Landlord always broke, withholds deposit, asks for more rent

Hello, I have a problem with my landlord.  I don't even think this is even legal so I came here for advice.

When I first moved into this room in a houseshare, my landlord asked for 4 weeks of deposit, which I gave.  At that time, our (verbal) arrangement was for me to pay 100 quid every week.  And instead of getting my deposit back when I leave, I have to notify her 4 weeks in advance and I can use the paid 400 deposit towards my last 4 weeks of stay.  Fair enough.

After two weeks of living there, she decided this arrangement wasn't working for her, so she decided to change it to a monthly payment.  She said I can also get my deposit back when someone moves in to take my place.  Their deposit will be given to me as my returned deposit.  Again, fair enough.

Well last week, I told her I would be leaving to a new flat because it would be closer to my work.  My paid rent for this month covers until August 30.  I thought 2.5 weeks was enough to give advanced notice.  Now, she waited an entire week to b*tch to me that it wasn't enough time and, aside from withholding my deposit, she just asked me right now to pay the rent for next month on the 30th (when I leave)!  I have already paid my deposit at the new flat, and I do not want to pay rent twice next month.  Especially not when I won't even live there anymore.  I will be broke.  She did claim that she will give back the 400 quid + 400 deposit when "she has the money".

The thing is, the landlord is always broke.  I don't know where she placed my deposit or where the monthly rent goes.  The reason why she is asking me to pay next month's rent is because she has a council tax bill of about 1500 pounds and she can't afford it.  She even showed me letters claiming that they will cut electricity or the water due to unpaid bills.  She claims that if she doesn't pay the council tax, she will lose the house.  I don't know what I should do.  I just want to run and move to the new place and forget about the deposit.

Any help?

Do you have a contract?

If you don't have a written contract saying you have to give a certain amount of notice, I would say she is up a creek without a paddle.  I think the standard in a written contract is a month's notice, but like I said, if one of those doesn't exist.  Too bad.  On the same coin....I think you can kiss your deposit goodbye if you don't have something in writing.  From the sounds of it, it sound like it might just be worth it to cut your losses and forget about it.  

Don't feel bad.  if you have paid your rent on time, it is not your problem that she is having financial difficulty and doesn't manage her money well.    

Maybe try the Citizen's Advice Bureau? Or this website seems to have some beneficial information: http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Tenancies/index.htm

As far as I know, your deposit should have been placed in a "protection scheme" of some sort.  I believe this is the case whether it's a private letting through a landlord, or through an agency.

Also, giving 2 weeks notice of your departure is really quite minimal.  In my experiences, it's always been at least 1 months' notice.  (Unless there are extenuating circumstances, such as the place is uninhabitable...).  

Personally, I'd speak to CAB/review the above website/see if the law favors my position, and suggest to the landlord that you will be seeking legal action.  I'd definitely I'd demand the deposit back. However, since a normal notice period is 1 month, I would probably end up agreeing to pay up to half of a month's rent (since you gave her 2 1/2 weeks notice already, this would bring you up to a month), unless you can find someone to take over the rental agreement for you.



However, before you move somewhere new, ALWAYS get a written contract.  If there are going to be any changes to the contract, get those verbal agreements written down, and signed by both parties, no matter how miniscule they seem!  Upon move-in, take pictures of everything--especially previous damage or wear-and-tear, and email them to yourself/the landlord/letting agency as proof, as this will serve as a time stamp, too.

I'll follow up with my OH on Thursday and report back, as he was in a pretty similar situation before I moved here.

given that the LL changed the 'rules' mid-steam, i would appear that she has little recourse. Normally 1 month notice is required, but there are extenuating circumstances here, in that you have  LL who appears to not be following any rules.

As a matter of interest, when the rent went from weekly to monthly, did it also change to a 'true' calculation - e.g. 52*100/12=433.33? or did you start paying 4*100=400 PCM? I only ask in case the LL finally does the math and asks for more rent.

I agree with the last post; ALWAYS have a written contract, and ALWAYS do a walk through and have a WRITTEN list of any deficiencies before you move in. That minimize your potential for being charged for damage that you did not do.

Paying a full month (or 4 weeks) in lieu of the month's notice is a good compromise.

The most important thing here is that all landlords must put your deposit into a deposit scheme. This has been the law as of 2007 as far as I'm aware. Let her know that you are in your rights to sue her for 3 times the deposit amount if it's not in a scheme. I think she'll give it back to you quickly!

I had this problem with one of my old landlords (but we did have a contract) and as soon as I made him aware that I'm aware of the laws, he shut his mouth and gave it all back.

After asking around, I found out that I am not really a tenant, but a lodger since the landlord lives in the house.  Therefore, they don't need to put the deposit into a scheme. And I found out as well that I have very few rights compared to actual tenants. Plus, it's all verbal and there is no paper trace that proves I was ever living there after I leave.  I should have at least recorded the conversation with my ipod or mobile phone.
Right now, I'm worried less about getting my deposit back, than having to pay rent for the next month after I leave.

You have no contract. Let her keep your deposit and you can be on your merry way!

You have no contract. Let her keep your deposit and you can be on your merry way!

Exactly right.

Yes, I'll just plan on leaving and not mind her.  I can just contact the borough since the house wasn't registered as an HMO and she is claiming that only one person lives there, and the rest are "visiting relatives" in order to dodge higher council taxes.  I will also contact HMRC for undeclared earnings from rental income on her tax returns.

Finally, she doesn't really own the house just yet. I think it's a council house.  Can someone who lives in a council flat have lodgers?

I can just contact the borough since the house wasn't registered as an HMO and she is claiming that only one person lives there, and the rest are "visiting relatives" in order to dodge higher council taxes.  I will also contact HMRC for undeclared earnings from rental income on her tax returns.

Are you sure you really want to do this?

Finally, she doesn't really own the house just yet. I think it's a council house.  Can someone who lives in a council flat have lodgers?

Probably not... I don't know.
It's not really your concern... If I were you, I would just leave, start afresh, and forget about it. 

Are you sure you really want to do this?

Yeah, why would you want to do all that?  Contact HMRC?? Just leave it.  There's no need to stir up trouble.

Ok, I will only do that depending on how she treats me after I tell her I won't pay next month's rent. Last night when she was telling I should pay, she mentioned about considering suing me for only giving 2.5 weeks of notice but said that it was expensive to do so. Was that supposed to be a threat on my part? Was she trying to push me in a corner because I am new here and don't know the rules?

Oh boy, the next 1.5 weeks is going to be a fun ride.

Wait. Does that person still owe the OP their deposit???

This is not a suggestion. Just a thought.

(Hopefully no one on here will feel the need to nitpick and attack me for having a thought and sharing it...   )

So, here it is:

What if the OP told the person they had been renting from that they 'know their rights, and the laws', and also told them that if the deposit money is NOT returned (by x date), then they could, legally, take those extreme measures of reporting them?

I guess i'm just not really OK with people ripping people off and getting away with it. It is just not cool to do to people. You gotta be a really big BLANK to do that to someone.

Oh, and... You get your deposit back when YOU move out, NOT when 'someone moves in.'

You have no lease. You leave, and you should get your deposit back. End of.