landlady troubles

[gangofgin]

basically, im moving out of the flat im renting on the 10th december.
i did live there with my old friend but i paid the whole rent and bills etc for the whole time we lived there, but i kicked her out last month as she didnt pay a thing. anyway, i rang them 2 weeks ago and spoke to the agency we rent from, and explained that i couldnt afford this months rent as i was signed off work for 12 weeks and i worked for an agency, and wasnt entitled to any sick pay. i told them that id be leaving at the end of my contract which was 10th december. i also told them that i couldnt afford the rent this month and they would have to take it out the bond, which is more than one months rent anyway. the agency said ok and they'd sort everything out.
today i get a phone call from the agency, the woman i spoke to who i always deal with has left and they didnt have anything on record and my rent is 1 week over due, i explained everything to them and they said they'd speak to my landlady and get back to me.
she just rang me back now and said that the landlady said no because the bond is for any cleaning required once i left, and she wants the rent in full asap.
well, they can swivvle, i dont even have the money, i even said they could keep the whole bond which is £100 more than the rent.
im leaving in a couple of weeks anyway so whats the worst they can do?

 

[Krystal]

i'm not sure hun. The bond is a deposit in case you damaged place etc.. not just for a general clean around. As long as you have left property in good conditions like when you moved in they have no reason to keep bond so it would leave it open to cover you rent

 

[gangofgin]

they know theres no damage or anything, ive spent the past 3 weeks doing loads of viewings showing people round, and also my actual landlady and her husband came round because there was a problem with the boiler so they know nothings wrong or damaged. they have also done 3 inspections in the 6 months ive been in there,

 

[Krystal]

they can't just use deposit for cleaning then .. have you got copy of your contract? does it say in there conditions of you getting you deposit back? just tell them it's tough.. they take it out of bond cos they aint got any other option

 

[gangofgin]

yeah, if i had the money id certainly pay it, but i havent a penny and im literally living of my boyfriend (which i hate).

they can kiss my backside, i had to clean the place when i moved in anyway.

 

[Emmylou]

Legally they can't do much before 10th Dec, you need to be in 2 months rent arrears (full monthly amount due not just your 'share') and then they can serve a Section 8 notice on the grounds of non-payment of rent.
If they serve a Section 8 (Eviction Notice) it is basically a 2 week notice requesting you to bring yourself up to date with the rent, if you don't they can take you to court, which wouldn't be within the next 3 weeks anyway.
(If they did get a court date between now & them - which would be a waste of time as you have already told them you are moving out - I am merely giving you worst case scenario - then the judge would just instruct you to leave when you has already said you were going to).

Put your moving out date in writing to them to confirm you are definitely vacating, and stating your reasons for non-payment of rent, I am 100% sure they won't start proceedings once they have this in writing as they would be stupid to....a judge would probably throw it out for them wasting time, judges are only there to evict tenants who aren't willing to pay rent/ vacate.

If you leave with rent arrears they CAN take that from the deposit, the Landlord would obviously need your deposit now though if she has a mortgage to pay.

Did you move in after April 5th? If so your deposit should be held by a Tenant Deposit Scheme (TDS) not by your agent/ Landlord therefore they can't 'deduct the rent from the deposit' just yet as they don't hold the funds, they will have to wait until your tenancy expires then apply to the TDS for the money you owe....you then authorise the release of the funds and thats you paid up.

Hope that helps.

Em

 

[gangofgin]

thats brilliant, thanks a lot.

i already told them they can take the whole deposit (which is £100 more than the rent) for this months rent. i also apologised saying i know it was pretty unfair but i can't really help the situation and they were quite snotty in return.
i moved in the flat in june so it was after april 5th, i am willing to authorise the release of the deposit but they told me it can not be used as rent.

well, i'd like to see them get blood from a stone, cos ive got about £4 to my name

 

[jenna]

i dont think they can do anything, they cant kick you out without notice and if your leaving soon then it should be ok. I hate letting agencies, there so unorganised and rude.

 

[cassi]

how about a crisis loan from the job centre?

 

[gangofgin]

wellllllll.
ive been recieving texts all day saying shes sending 'andy' round to collect the rent instantly.
i text back an said its pointless, i have no money and ive told them before have the bond.
andy then rang me and said it was on behalf of my landlady and that the bond is for damage and they will be coming round anyway to collect the rent and that they will take me to the small claims court if i dont pay them the rent.
i text them back and said go ahead, take me to the small claims court, im going next week and the bond more than covers. i then told them from now on they dont contact me and they deal with me through the agency. they know im pregnant too, fancy threatening to send a bloke round knowing i live here alone and im female.
i also told them im pregnant and this is stressful so not to contact me again.

 

[Babylicious]

thats awful, but there isn't anything they can do. Pitty some people have no compassion

 

[Krystal]

omg i can't believe what they are doing.. have you thought about going to C.A.B? not much point with you moving out.. she cant send anyone round to your house though. if anyone comes just call the police

 

[Minime]

As has been said put everything in writing and also state dates you have spoken to them i.e regarding our conversation on 30th Nov....

Them texting you like that is harassment. You have stated your reasons for non payment very clearly, they sound completely unprofessional. Go to CAB hun, this is NOT right.