landlady threatening to keep my deposit

[TayCee]

hey everyone

I need help / advice.

when I moved to London 2 months ago I was desperate to have a UK address so I could apply for the NIN. I ended up lodging a place, quite literally a dump that cost me ?650 a month. the landlady was weird and shady from the beginning and I kept looking for another place after I moved in.

I have recently found a new flat I've just moved into, and now my landlady is trying to keep my deposit because her old tv, that was in my room, broke a few days ago. I had notified her that the screen was flickering almost 2 months ago but she didn't care. now the screen gave up and she's accusing me of breaking it and threatening to keep my deposit.

I have a temp job and will be unemployed come January so ?650 is a LOT of money to me and I am so upset she's trying to keep it on no grounds at all. I did nothing to that TV other than use it for what it was for. it's mounted to the wall so she can't even say I dropped it or anything.

I honestly don't know what to do. I am desperate and don't know the procedures here. like where I could get assistance in this matter. she needs proof when she accuses me, right? she can't just keep my money without proving beyond a doubt that I had anything to do with it?

can anyone help me out? I'm quite desperate to get my money back as I have done nothing wrong and feel screwed over.

thanks in advance for any advice/help!

Tanja x

[Sally Eva]

Was she living in the same house as you? If so you are a licensee rather than a tenant.

https://england.shelter.org.uk/housing_advice/tenancy_deposits/return_of_a_lodgers_deposit

If she was not, you are an assured shorthold tenant (even if you did not have a tenancy agreement) and your deposit should have been legally protected.

https://england.shelter.org.uk/housing_advice/tenancy_deposits

All this can be complicated. Contact the council which has a private tenancies team aimed at dealing with stuff like this and also the CAB and Shelter who can help.

[TayCee]

officially she lives there, like her mail is delivered there, but she's not actually there at the moment, she lives with her mother as far as I know, and has been for months according to my flatmate. I have a feeling she knows exactly what she's doing and is finding loopholes left and right.

Thank you! I will get in touch with the council to ask what I can do. is there any certain way to go about this?

[JohnL]

Deposits are supposed to be lodged with a third party scheme

Raise a dispute https://www.tenancydepositscheme.com/deposit-disputes.html

I had an overprotective landlady once - she gave me back my full deposit though even though I broke her favorite statue - felt so guilty.

[Renata Hamvas]

Hi Taycee, your deposit should have been put in an official deposit scheme and you should have been provided with the details in order to claim the deposit back. Any dispute is resolved independently of the Landlord and Tenant. If she hasn't done this, as she isn't living in the flat, this is illegal. Is the property a Council flat, I'm just wondering as you say she appears to live there but doesn't in reality? If it is she may be illegally subletting. If she has the deposit rather than having deposited it in a scheme you should tell her you will be telling the authorities and taking legal action (eg small claims court).

Renata

[Sally Eva]

Further to Renata, if you feel it may be a council property (ie maybe part of council block or estate) then mentioning the idea of illegal subletting to her should improve her behaviour -- anyone who does this can lose their council property.

If she tries to evict you, then you would be legally aidable depending on your income.

As I say, try the council's private tenancies team, Citizens Advice or Shelter.

[womanofdulwich]

Sally Eva., how could you find out if it was rented from council or privately owned?

[Abe_froeman]

I think you should report to the council if you even have the vaguest suspicion that you are being rented a council flat. The people that keep these flats and rent them out whilst other people, often with children, are homeless and living in hostels or on the street, are absolute

[JohnL]

It's also illegal to rent out Housing Association owned or part owned (shared ownership) homes. You can lose the tenancy if you do as well as being prosecuted - and that includes your share of the property (possibly ?100,000s) if you have a share.

[diable rouge]

A decent landlord/lady would also tell you if a property is mortgaged, so you are aware that the property is at risk of repossesion should the mortgage not be paid. A Landlord/lady now has to give a prospective tenant a copy of this very useful How to Rent guide before any contract is signed...https://www.gov.uk/government/publications/how-to-rent

[Blah Blah]

Take all of the above advice. Even if this landlady is abiding by the law (and lots to suggest she isn't),keeping the whole deposit for an old tv is unreasonable.

[diable rouge]

A TV going on the blink would fall under normal wear and tear, and therefore nothing should be taken from the deposit to repair/replace it...

[TayCee]

thanks everyone for the incredibly helpful advice! I will get in touch with the council to explain the situation and see what I/they can do.

[IlonaM]

Hi,

Shelter not only have excellent advice and information on their website, but you can also get in touch for free in- person advice by phone/email etc. - https://england.shelter.org.uk/get_help - they will access legal aid if relevant.

Cambridge House Law Centre [http://ch1889.org/our-work/law-centre/) is also very good for legal aid advice and they used to be able to offer free advice for Southwark residents under funding from the Council (not sure if they still do or not).

Best wishes for a swift resolution.

[snoopy17]

Sounds like shes renting out her council flat.

[KidKruger]

Hmmmm...

Why live in one place and have your post delivered to another address ?

I would contact council if you think it may be a council property and advise of sub-letting, also mention the post delivery situation and absence of lady in property. If you have evidence of paying rent that will be useful.

I would check land registry (I think ?5, and I think it shows if property mortgaged, which bank/building society to) then write to lender asking if they know about the letting / tenancy you are having issues with.

I would file at small claims court and, as details of above two items come to light, use the information from each (if useful) as input to your case.

Do them all now, regardless, get your money back and still show her she?s out of line, no need for threats just crack on. When you?re done, smash the telly and stick it up her nose.