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

I'm curious Nick. How much will you lose if you just walk out at the end of the month? Your full £400?

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

Not necessarily.  It was the understanding that the OP needed to give four weeks' notice if he planned on vacating.  He did not.  Thus he has gone against their agreement and the landlord is likely expecting some compensation for that.  Since there is no written lease, it's difficult to say what should or shouldn't be done.

Yes, my full 400 quid. It seems like a lot of money to me.

No deposit will be given when I leave because she is broke.  The reason why she came to me and told me to pay NEXT month's rent despite telling her I will be moving out at the end of this month (which has been fully paid for) and using my lack of 4 weeks notice as a veiled excuse to extort more money from me, was because she owes council tax that needs to be paid and she can't afford to pay it. She claims she will lose the house (even if she doesn't really own it) if she does not make the payment on the 30th. Being constantly broke is also why we switched from paying weekly to monthly because she needed more money upfront.

Not necessarily.  It was the understanding that the OP needed to give four weeks' notice if he planned on vacating.  He did not.  Thus he has gone against their agreement and the landlord is likely expecting some compensation for that.  Since there is no written lease, it's difficult to say what should or shouldn't be done.

True, but when I moved in, she never said about 4 weeks.  She just said about giving sufficient notice.  I honestly thought 2.5 weeks was sufficient enough. But there is no way to prove that either way considering it was all verbal. Anyway, I don't really expect to ever see the deposit again.  I just don't like being bullied into paying next month's rent, in addition to not getting any deposit back, even though I won't be living in the property anymore.

If it were me, I'd ask for £200 back.

I would not have an issue playing her game and suggesting you may report her to the council if she refuses. Not saying you should or even would, but if that is who you are dealing with?

Messy situation. I'd start to document any further conversations with her just in case.

True, but when I moved in, she never said about 4 weeks.  She just said about giving sufficient notice. 

But that's not what you said in your original post, and I was going from what you stated.

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.

True, but when I moved in, she never said about 4 weeks.  She just said about giving sufficient notice.  I honestly thought 2.5 weeks was sufficient enough. But there is no way to prove that either way considering it was all verbal. Anyway, I don't really expect to ever see the deposit again.  I just don't like being bullied into paying next month's rent, in addition to not getting any deposit back, even though I won't be living in the property anymore.

Two and a half weeks is sufficient notice. If no specific timeframe was mentioned when you moved in, then that IS acceptable.

And even if it was supposed to be longer, but there is nothing in writing, and this person began messing with me... Well, honestly, i'd fight them for the money.

I very much dislike a lack of 'fair play.' I never mess with anyone... But, once i'm messed with, it is game on.

I would not give that person another penny. I would make it very clear that I do not need to pay rent if I will not be living there.

I would feel, in this situation, that I DID deserve the entire deposit back.

Personally, i'd go for blood. I'd use the leverage of the laws. I'd tell her I would report her. When people 'play dirty pool' with me, I play dirty pool right back.

I don't want to do it, and I don't like doing it, but if I must, I do it.

But, hey... That is just me.

And, we are all different, and that is fine!

But, I must point out: 400, for many, many people, is a lot of money to just write off... in order to have 'less drama' in ones life.

Not everyone can afford to be so forgiving to people who try to take monetary advantage of them.

But that's not what you said in your original post, and I was going from what you stated.

That was when I was paying weekly.  When we moved to monthly, she mentioned that she will give back the deposit when someone moves in to take my place (which can be 2-3 months after I leave) as long as I give her sufficient notice, not leave the next day. At no time though did she mention about paying next month's rent.

She can't hold the deposit 'for two or three months' or 'until someone moves in'.

That is unacceptable.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/lodgers

Does this person take in lodgers legally?

If not, they are breaking the law, and can get into a whole mess of trouble... and therefore they had better play fair.

I agree that your deposit should come back to you when you go, not when someone else moves in. How would you even know if that happened? She is very dodgy!

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/excluded_occupiers

You may not be a lodger. You may be an Excluded occupier.

You can check here: http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker

Excluded occupier:

According to this - "If you have a periodic tenancy you have to give whatever notice is specified in your agreement, or 'reasonable notice', which is usually the same as one rental period (ie one week, if you pay the rent weekly)."

So, if when you moved in, you paid weekly, then reasonable notice should be a week!

(unless it was clearly explained, and AGREED UPON, that this would change!)

And, there is this: "If you pay rent weekly your landlord has to provide a rent book. You and your landlord agree on the rent to be paid. The landlord cannot then increase the rent during the fixed-term unless you agree to the increase."

DID YOU GET A RENT BOOK?

I don't even know what that is.

 

I was in the EXACT same situation a few months ago. Verbal contract (stupid of me) and the landlady was just horrific to live with, not to mention really bad with money. Prior to giving my notice I had mentioned I might be needing to move earlier than anticipated and asked if that would be okay - she said yes but that she could not provide my deposit to me until a few weeks after I moved out because she had to get paid first. So I moved, and then she did not provide the full deposit - only part. I didn't get my full deposit back for about tWo months. It was ridiculous but I couldn't figure out anything else to do.... You don't happen to be living in Fulham Broadway, do you?

But try to think of it this way: would you rather be out £400 or living with her? In my case, I opted for the former and was fortunate the money did eventually come my way.

I hope everything works out for you. It's horrible people can do this to tenants/lodgers!

From now on, get everything IN WRITING.

If it is in WRITING then you DO have some rights.

If it were me, I'd ask for £200 back.

I would not have an issue playing her game and suggesting you may report her to the council if she refuses. Not saying you should or even would, but if that is who you are dealing with?

Messy situation. I'd start to document any further conversations with her just in case.

I agree with this!!