Who is in the wrong?
- Thread starter JimaaaH
- Start date
I know for a fact, she is renting this apartment (5 bedroom house) off 1 man, and then re-renting all the rooms to everyone, and not declaring this as income.
I also know she has not put my deposit in the Government deposit scheme which I think you have to do after every agreement from 2007. But she keeps using this "Non-assured tenancy" as an excuse and makes up her own rules.
Please anyone! ahhhh![/QUOTE]
Do you know if this is fact? If it is could you not politely inform her that unless you receive your deposit back in full the inland revenue or police will be getting a nice file of evidence? Did she also ask for cash when collecting rent?
I also know she has not put my deposit in the Government deposit scheme which I think you have to do after every agreement from 2007. But she keeps using this "Non-assured tenancy" as an excuse and makes up her own rules.
Please anyone! ahhhh![/QUOTE]
Do you know if this is fact? If it is could you not politely inform her that unless you receive your deposit back in full the inland revenue or police will be getting a nice file of evidence? Did she also ask for cash when collecting rent?
Your deposit does have to go into a deposit protection scheme which the landlord/lady should have sorted out. Also it seems a bit suspicious for you to have a "hand written" contract. Not a hundred percent sure but I thought all legal documents had to be printed out.
The problem is going to be your word against hers for the damages/losses etc. But if she doesn't have a legal document for your contract and your deposit is not in a dps then I don't know how she could "legally" make you pay for damages etc.
The problem is going to be your word against hers for the damages/losses etc. But if she doesn't have a legal document for your contract and your deposit is not in a dps then I don't know how she could "legally" make you pay for damages etc.
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Please contact a Don about this ASAP with details of your other account. Having multiple accounts will just get you banned.
Ok, I have no experience with housing rules but I have spent 5 minutes in Google.
Some pertinent facts I've stolen from the Internet:
1. A 'non-assured tenancy' is also known as a 'common law' tenancy. The key feature is that it is not covered by the Housing Acts and is effectively a simple contract between landlord and tenant.
2. Any residential tenancy where the rent equates to an annual rate in excess of £25,000 p.a. (set in 1990 and not increased since at this time of writing - November 2008) is excluded from the Housing Acts 1988 and 1996 (AT or AST) rules and therefore must be a common law tenancy.
I suspect that it is likely that 5 rooms being rented will exceed £25,000 pa.
3. The implications here for common law tenancies are: (1) a different tenancy agreement from the usual AST will be required, and (2) any deposit taken is not subject to the requirements of the Deposit Protection Scheme under the Housing Act 2004.
So, seems she is right and isn't making it up, as it doesn't seem like your deposit has to go in the scheme.
I would check your tenancy agreement and the terms of the deposit. Ask for proof of matress damage.
Some pertinent facts I've stolen from the Internet:
1. A 'non-assured tenancy' is also known as a 'common law' tenancy. The key feature is that it is not covered by the Housing Acts and is effectively a simple contract between landlord and tenant.
2. Any residential tenancy where the rent equates to an annual rate in excess of £25,000 p.a. (set in 1990 and not increased since at this time of writing - November 2008) is excluded from the Housing Acts 1988 and 1996 (AT or AST) rules and therefore must be a common law tenancy.
I suspect that it is likely that 5 rooms being rented will exceed £25,000 pa.
3. The implications here for common law tenancies are: (1) a different tenancy agreement from the usual AST will be required, and (2) any deposit taken is not subject to the requirements of the Deposit Protection Scheme under the Housing Act 2004.
So, seems she is right and isn't making it up, as it doesn't seem like your deposit has to go in the scheme.
I would check your tenancy agreement and the terms of the deposit. Ask for proof of matress damage.
call the local council housing team, mention crammed conditions, toilet etc