Rental deposit dispute with landlord
Rental deposit dispute with landlord
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Petrolhead95

Original Poster:

7,048 posts

184 months

Monday 6th March 2017
quotequote all
Looking for a bit of advice.

I'm currently renting a room privately from a woman that also lives here. I paid a £450 deposit and had a verbal agreement to a £450 a month rent including all bills. About two months ago she decided to change it to £520 a month all bills included due to more electricity being used and I couldn't really argue as I have no where else to go. I recently gave in my 4 week notice which ends on the 17th but she wants to take £100 or so out of my deposit because the electricity is still too much.

Forgive me if I'm wrong but doesn't a deposit only cover unpaid rent, damage and/or theft? I've paid my agreed £520 already so don't owe any more. Can anyone shed some light onto if that's legal or not as there doesn't seem to be a right or wrong answer when looking online.

mcflurry

9,190 posts

283 months

Monday 6th March 2017
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In theory you could issue a claim for the difference, but for £100, pragmatically it's not worth the bother.

photosnob

1,339 posts

148 months

Monday 6th March 2017
quotequote all
Petrolhead95 said:
Looking for a bit of advice.

I'm currently renting a room privately from a woman that also lives here. I paid a £450 deposit and had a verbal agreement to a £450 a month rent including all bills. About two months ago she decided to change it to £520 a month all bills included due to more electricity being used and I couldn't really argue as I have no where else to go. I recently gave in my 4 week notice which ends on the 17th but she wants to take £100 or so out of my deposit because the electricity is still too much.

Forgive me if I'm wrong but doesn't a deposit only cover unpaid rent, damage and/or theft? I've paid my agreed £520 already so don't owe any more. Can anyone shed some light onto if that's legal or not as there doesn't seem to be a right or wrong answer when looking online.
She can't do that. Are you a lodger? Or do you have a tenancy?

If deposit is protected then dispute it. If not then county court. She is trying it on. You should explain that costs will be added if it goes legal. However it will make your life very awkward if you are living with her whilst threatening legal action.

I'm also not convinced that the electricity has gone up £70/month and she sounds like she is a chancer.

TooMany2cvs

29,008 posts

156 months

Monday 6th March 2017
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Petrolhead95 said:
Forgive me if I'm wrong but doesn't a deposit only cover unpaid rent, damage and/or theft?
You're wrong. It covers whatever the landlord feels you owe.

If you can't come to an agreement acceptable to you both, then you can make a small claim for the return, and let the court decide what's appropriate.

andburg

8,744 posts

199 months

Monday 6th March 2017
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Got a contract?

deposit protected by the deposit protection scheme?

I'd say you're right and given you agreed it was inclusive of bills when agreed you should get the full amount back in full. I get the feeling you aren't in an AST with a protected deposit so unless you take her to court you will wont get a penny.

Petrolhead95

Original Poster:

7,048 posts

184 months

Monday 6th March 2017
quotequote all
photosnob said:
She can't do that. Are you a lodger? Or do you have a tenancy?

If deposit is protected then dispute it. If not then county court. She is trying it on. You should explain that costs will be added if it goes legal. However it will make your life very awkward if you are living with her whilst threatening legal action.

I'm also not convinced that the electricity has gone up £70/month and she sounds like she is a chancer.
I know it's just £100 but it's the principal.

I'm a lodger. I'm moving out in a week so won't be living here if I do have to take it further.

spookly

4,393 posts

125 months

Monday 6th March 2017
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photosnob said:
I'm also not convinced that the electricity has gone up £70/month and she sounds like she is a chancer.
Yeah.... electricity isn't *that* expensive.

I live in a 4 bed Victorian house, with loads of gadgets and electronics, and two kids. My electricity bill for a whole year is about £600, so about £50 a month in total.

Vaud

59,680 posts

185 months

Monday 6th March 2017
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Ask her to show you the bills.

surveyor_101

5,069 posts

209 months

Monday 6th March 2017
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Have you got a tenancy or any form of written agreement? She is either very naive or very greedy if to put the rent up £70 a month. Technically you have to be in 12 months before she can increase anyway. The fact that she under estimated bills isn't your issue.

She can't do it but expect she doesn't care or doesn't know enough about how these things work. You can offer some sort of settlement maybe £50 and cut your loses or tell her to jog on and she can't do it. Do you have a rent book or did you pay electronically?

Petrolhead95

Original Poster:

7,048 posts

184 months

Monday 6th March 2017
quotequote all
surveyor_101 said:
Have you got a tenancy or any form of written agreement? She is either very naive or very greedy if to put the rent up £70 a month. Technically you have to be in 12 months before she can increase anyway. The fact that she under estimated bills isn't your issue.

She can't do it but expect she doesn't care or doesn't know enough about how these things work. You can offer some sort of settlement maybe £50 and cut your loses or tell her to jog on and she can't do it. Do you have a rent book or did you pay electronically?
All verbal, nothing written. Everything has been paid electronically.

surveyor_101

5,069 posts

209 months

Monday 6th March 2017
quotequote all
Petrolhead95 said:
All verbal, nothing written. Everything has been paid electronically.
What proof have you got that the £450 was a deposit? If no proof you may well struggle.

xjay1337

15,966 posts

148 months

Monday 6th March 2017
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Petrolhead95 said:
surveyor_101 said:
Have you got a tenancy or any form of written agreement? She is either very naive or very greedy if to put the rent up £70 a month. Technically you have to be in 12 months before she can increase anyway. The fact that she under estimated bills isn't your issue.

She can't do it but expect she doesn't care or doesn't know enough about how these things work. You can offer some sort of settlement maybe £50 and cut your loses or tell her to jog on and she can't do it. Do you have a rent book or did you pay electronically?
All verbal, nothing written. Everything has been paid electronically.
Bit of a pain.

I hope you have some sort of record of the deposit.

The other option would be, when you are out, to text to discuss so it's in writing.

Say that you aren't happy with the arrangement -
Mention in the text you paid the £450 deposit as agreed.
Then £450 subsequently. And then mention she upped the rent by £70 to cover electricity (I can't see how it is that at all, our electric bill is about £35 a month and we use a lot of white goods, tumble drier every few days etc)
Then you have been paying the new £520 per month and now she won't give your £450 deposit back.

If you have it written down in that manner then that can be viewed positively in the event it went to court.

At least you have been paying electronically. It will show that you have been paying £450 and then that she put the rent up the payments would have gone to £520.

I feel for you, the st with your ex and this laugh

Not helpful at all, but when I was lodging, it was a brilliant setup, the family were genuinely nice, the rent was fair, they had beautiful dogs, and they gave the deposit back without issue. They were going to adjust my rent mid-term as well as I started working from home but they decided against it when they realised I looked after the dogs, took them out and did more than my fair share of cleaning.

Petrolhead95

Original Poster:

7,048 posts

184 months

Wednesday 29th March 2017
quotequote all
I paid a £450 deposit but extended my lease for another week to get a chance to move my stuff out. I paid £130 because that's roughly what a week of rent would cost so she would owe me £320. She's now only giving me £220 back because the heating bill came to more than she expected - I was already paying £70 a month more than agreed originally and was told by her that I can't have the heating on for more than an hour a day and that I should wear a jumper instead.

Surely she can't just take £100 extra out of it as I did not agree to anything above £520 a month? I've paid every month's rent on time and didn't leave any damages. Should I take it to small claims court? It's a matter of principal.

Dan_M5

616 posts

173 months

Wednesday 29th March 2017
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Put fish in odd places in her house

xjay1337

15,966 posts

148 months

Wednesday 29th March 2017
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Take a st in her packet of tampax and unplug the freezer.

davamer23

1,158 posts

184 months

Wednesday 29th March 2017
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Are you growing Cannabis?

John145

2,748 posts

186 months

Wednesday 29th March 2017
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This dispute is best disputed once you're out, if you can afford to be without the money for a while.

If you need the cash I'd suggest taking what she's giving but writing formally either email, text or letter that you do not accept the arrangement but need the money to move on.

After that, the formal dispute process will be written letter giving 14 days to give up the rest of the cash then onto small claims court. Fees are relatively low and will be payable by her should the court agree with you.

I'd write down in an email to yourself the details of your transactions and your verbal agreements as you understand it.

Lodgers have next to no rights compared to renters so tread carefully. If I were you I'd be chasing this up once I was out.

I'm really struggling to see how she can be justified in claiming this unless she could demonstrate you personally cost her £70 in the last month of tenancy!

StuTheGrouch

5,918 posts

192 months

Wednesday 29th March 2017
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Petrolhead95 said:
I paid a £450 deposit but extended my lease for another week to get a chance to move my stuff out. I paid £130 because that's roughly what a week of rent would cost so she would owe me £320. She's now only giving me £220 back because the heating bill came to more than she expected - I was already paying £70 a month more than agreed originally and was told by her that I can't have the heating on for more than an hour a day and that I should wear a jumper instead.

Surely she can't just take £100 extra out of it as I did not agree to anything above £520 a month? I've paid every month's rent on time and didn't leave any damages. Should I take it to small claims court? It's a matter of principal.
She is trying it on. My guess is that she's skint and is looking to exploit at any possible opportunity.

My gas and electricity bill for a detached house is £85 per month, so her increase of £70 per month for your share is a joke.

She agreed a rate with you which included bills. If she has miscalculated then that's tough st. Inform her you will issue a claim against her for the outstanding £100, once you have the rest back. I personally would, more out of principle and to annoy her.

AyBee

11,337 posts

232 months

Wednesday 29th March 2017
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She upped your rent by £70/month on the basis of electricity costs going up and you didn't query it?! Since she's there too, that means she's paying £140/month on electricity...really?! I pay c.£40/month for a 2 bed flat (2 young professionals) - don't have a lot of heaters and bright lights turned on do you? I'd be asking to see evidence of what she's actually been paying and I suspect she may well decide giving you the full lump sum is easier...

4040vision

255 posts

116 months

Wednesday 29th March 2017
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What have you got plugged in that has used so much electricity? A couple of storage heaters and you leave the windows open perhaps.