Slightly off topic but I would really appreciate any help on the matter. I was privately renting from November 10 to June 12 and I'm still waiting for my deposit. My landlady finally got back to me a couple of days ago listing all the deductions from my £760 deposit. (My rent is £800 and is inclusive of all bills - basic Sky, basic broadband, £50 cap on electricity, water, gas, council tax etc) Bear in mind that the bills are not in my name, they are in my landlady's, therefore I did not have access to the bills throughout my tenancy nor did she warn me of any excess. The deductions include: - £135 extra broadband costs: My tenancy agreement states that I have basic broadband. No download limit or usage policies are stated in the agreement, and she never told me about it. From January 2011, I have been incurring these additional costs of £7.50 p/month for going over the limit. At no point did she ever tell me that I had gone over so therefore I couldn't reduce my usage - not once in the 18 months. - £114 excess energy bills: Same scenario as above but my tenancy agreement does state that my rent includes £50 cap for electricity. However, I believed this meant that I had £50 and my flatmate had £50 cap each (same as his agreement) therefore it is £100 in total. My landlady's calculation for the excess is based on only £50 and not on £100. If it was based on £100, then I wouldn't be over my limit therefore no charges would apply. Again, she did not warn me and allowed us to continue over-using the electricity. - £121 for Sky TV: The agreement states that I have basic Sky. However, when I moved in, the flat had already had Sports and Movies. I did not add those packages. Now she wants to charge me for it. Only until late last year, when she said that I would have to pay extra for it did I remove the packages. Are these reasonable deductions? Any people here who have had a similar experience or have knowledge on the topic? Would be greatly appreciated ...
If the bills are not in your name she has no right to this money. Landlords always try it on like this. If there is nothing in your initial contract about this dont accept it. Take her to court if shed carries this on.......
I had deposit problems when I moved away from London. Get in touch with the Citizens Advice Bureau (CAB), tell her you will take it to court and never let them think they are in control of the situation. In circumstances like this, it never pays to be nice.
Nice one! There was one dispute that I couldn't argue with - I burnt a hole in the balcony after I had a BBQ. Not wise! Just another point - I've asked her if she has protected my deposit (through a government scheme) and she hasn't come back to which leads me to believe that she hasn't...
I suggest that you consult a lawyer with experience in this area. Perhaps the Citizens Advice Bureau could also help you with this matter. Or, if you look on the Law Society website you will find a listing of legal firms that offer free advice clinics. Good Luck
Cheers mate - I did give them a call and they said they'll get an advisor to call me back. Might just arrange an appointment and see them face to face.
http://www.justanswer.com/sip/UK-La...ne_ASAP_Test&gclid=CPvhxPT6w7ECFc8KtAodmCsANA http://england.shelter.org.uk/get_advice/renting_and_leasehold?gclid=CMzDjIv7w7ECFTMhtAodPDMAJQ
All details of any agreements have to be in the tenancy agreement, if they are not then you have a chance of getting away with any other costs.
LFC-009 - £135 extra broadband costs: My tenancy agreement states that I have basic broadband. No download limit or usage policies are stated in the agreement, and she never told me about it. From January 2011, I have been incurring these additional costs of £7.50 p/month for going over the limit. At no point did she ever tell me that I had gone over so therefore I couldn't reduce my usage - not once in the 18 months. My advice is get yourself a life outside of your bedroom. Or if it has to be in your bedroom get yourself a bird rather than a computer.
I have a girlfriend and we still regularly went over the limit, if you ever had a girlfriend...you would know this. Fail.
Zingy Glad to see you could tell my comment was tongue in cheek, but, that fool FDD should either get a life or audition for the next Victor Meldrew.
If you were actually attempting some form of humour on a thread that is serious for the OP then at least a smillie would made that clear - tosser!
I assume your tenancy agreement is an assured shorthold tenancy? Basically just the two of you shared the flat and the landlady didn't also live there. First question is did the landlady register your deposit with an approved tenancy deposit scheme, and provide you with written details of this scheme within 30 days of you moving into the property? She was required to under the Housing Act 2004. If not, then she cannot legally withhold any money from the deposit, deserved or not. Take a look here: http://www.direct.gov.uk/en/homeandcommunity/privaterenting/tenancies/dg_189120 If she has not paid the deposit into an approved scheme then you can get a court order requiring her to pay back all the money within 14 days. If this is the case, then I would firstly inform her of this, and tell her you'll be taking her to court and also claiming three times the deposit as damages under the Housing Act 2004. Direct her to this page: http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243 You won't actually be able to get the three times penalty now the tenancy scheme has ended, but if she hasn't protected the deposit then she probably won't know this, and you might put the ****s up her enough to get her to just give you the deposit back. If that doesn't work, then you need to take her to court and get a court order that requires her to pay all the deposit back to you. Either consult a lawyer, or anyone you know who has some experience of the law - the forms are relatively easy to fill out and you can use Money Claim Online. If she did protect the deposit, then you can appeal any deductions she tried to make, and they will be arbitrated by whatever scheme holds the deposit. In this case, the burden of proof is firmly on the landlady and she will have to prove that you owe her the money. As your tenancy agreement does not include details of charges for excess broadband use and the extra Sky channels the arbiter will almost certainly agree with you. Just make sure you submit the tenancy agreement and provide details of any communications between yourselves. For the electricity this is a bit unclear, but the default position for the arbiter is that the deposit money belongs to you, and the landlady is the one who has to prove otherwise. So in the event of any doubt they will usually award the money to the tenant. Trust me on this - I had tenants in a flat I rent out who left the windows closed for nine months solid, causing mould in one of the bedrooms, and I was advised that I might not be able to claim the money from their deposit even though I had two surveyor reports stating the problem was due to mould! Hope that helps - let me know if you have any questions, but like I say make sure to consult a lawyer or someone with legal experience before taking any formal legal action.
Swarbs I want to kill my wife and not go to jail. Could you please send a step by step guide as i'm bound to **** it up.
take a gun and shoot her first through the right eye and then through the left ear. put the gun into your mouth and pull the trigger. i tell you, you wont go to jail.
"Swarbs I want to kill my wife and not go to jail. Could you please send a step by step guide as i'm bound to **** it up." Need OJ Simpson's advice for that one. failing that, get Gerrard's or Terry's lawyers.
Nice one mate! The tenancy agreement is an assured shorthold tenancy. I never received any information from her with regards to whether or not the deposit is protected. I have asked her several times but she hasn't got back to me which leads me to believe that she hasn't protected it. I moved out of the flat on the 30th June and she only got back to me with deductions on the 29th July. I have contacted via her email and telephone on Monday but I still have had no response.
