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Landlord Issue...

869 Views 9 Replies 6 Participants Last post by  Manc Guy
I recently moved out of my flat in Salford owing one months rent!
This debt was forwarded to a debt collection agency in which I agreed to pay off a certain amount each month until the outstanding amount was paid off.

It was my intention to use my deposit on the flat to pay off this amount (or a good deal of it anyway). But the landlord refuses to release it, even with my permission to the debt collection agency!

My deposit is sitting there, when it could be used to pay off some of this debt allowing me to pay off the outstanding amount much quicker. It defies logic really. It's going to take me five months to pay it off at this rate, when with the help of the deposit would cut it down to just two! Meaning the landlord will recover the money much quicker. I'm lost as to why they cannot release to my deposit to the debt collection agency, there is no damage to the flat and I'm starting to feel their lies some ulterior motive.

Essentially, can anyone give me any advice on this issue? Should the landlord make use of the deposit to recover some of the costs? Why wont they? And where legally do I stand.

Cheers
Dan
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simple answer is i would call the citizens advice bureau, just ask them what are your rights on this.
Flip reverse it. Get your own debt collectors to hassle him to get your deposit back. I've seen it done before and its surprising how fast a cheque appears through the letter box.
By law the deposit should be held within a tenancy deposit scheme (TDS). If it is they will help to resolve any disputes. Chances are they would award this to the landlord, due to your non-payment of the last months rent. The landlord may also feel that it is pertinant to withhold some or all of the deposit due to any damage to the property, however you can again dispute this through the TDS.

If you're deposit is not held within a TDS then you can take legal action, but in honesty you should have paid your last months rent to avoid this situation in the first place (sorry)
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^^

I wish it was that simple.

A culmination of things made paying it impossible (its not through my own idiocy I can assure you) I lost my job, another one, but I'd gladly use my deposit to pay it off! I'm willing to do this, but the landlord wont allow it. It baffles me!
Flip reverse it. Get your own debt collectors to hassle him to get your deposit back. I've seen it done before and its surprising how fast a cheque appears through the letter box.
I dont personally want to recover this deposit.

I want it to go straight to the collection agency!
^^

I wish it was that simple.

A culmination of things made paying it impossible (its not through my own idiocy I can assure you) I lost my job, another one, but I'd gladly use my deposit to pay it off! I'm willing to do this, but the landlord wont allow it. It baffles me!
It does seem 'unreasonable' of the landlord, if he has inspected the property and is satisfied that there is no damage that he will now not accept the deposit to remedy this situation, as surely it is in the interests of all parties to end the matter as quickly as possible and to move on.

Like I say, contact the TDS. Google it there loads of DirectGov free info. Good luck!
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How much was the deposit and how much was the last months rent you owe? If you owe more than the deposit, which I assume you do, contact the landlord in writing and tell him he can keep the deposit [since he is already holding it for no good reason] and you will pay off the balance when you can. If he isn't happy with that tell him to sue you, he won't. Phone or write to the debt collection agency and tell them in no uncertain terms that you are not prepared to deal with them in any way and you intend to deal with the landlord directly, they have no real legal hold over you anyway. Usually these agencies send threatening letters to people and your average person shits their pants thinking everything is gonna get taken from them and they pay up. **** that, trust me you have more rights in this than you think.

Oh yeah, and keep copies of any letters you send.
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Check out the landlordzone forums, you can usually get top notch advise on there on how to overcome these kind of problems.
Thanks guys!

As soon as I mentioned TDS, they were happy to refund it to the collectors.
Completely uncalled for, I don't know what they were playing at.
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