Subscribe now and choose from over 30 free gifts worth up to £49 - Plus get £25 to spend in our shop
On a previous occasion the STW hive mind came up with very useful advice when my daughter's thieving landlord withheld the entire deposit after her tenancy ended. She and her flatmates disputed the deduction via the deposit protection scheme. Now ... a new problem. I am really hoping the assembled expertise can help us out again ...
One of her flatmates submitted the claim (only one person can do so) and ticked the box putting herself forward as "lead tenant" on behalf of the 4 of them. Now she is saying that when the deposit is returned to her she will deduct a "fee" from my daughter's share (approx 800 quid) amounting to 3 days wages for filling out the form. This was not proposed or agreed ahead of time, and is not justified by the work involved - it's just a girl stealing money.
My question is - what can we do about it? My suggestion is, in the first place, go to the Police. Of course they won't send an armed response team straight over, or even give the smallest sh1t, but they may call the girl and frighten her, and maybe give my daughter some sort of an incident number that she can use later.
Or is small claims court the way to go?
Advice gratefully received.
Citizens Advice I'd suggest as a first port of call. Get armed with the proper legal info.
Or just doorstep her with the other two house mates and their parents and let her mum and dad know what she's up to.
Is she only deducting the fee from your daughter's share ?
I honestly despair about some of the things some people deem acceptable!
There's probably a few options but I think if it were me I would write to the TDS people now and tell them that due to the tenants having gone their separate ways at the end of the tenancy it is not practicable for the lead tenant to distribute money to the individual tenants and therefore request that they make payment to tenants individually.
If you google "lead tenant TDS" there's a guidance note I think.
The threat of forwarding to her parents a recording of the noise coming from her bedroom on a Sat night? Maybe with some animal noises and a complaint about custard getting in hard to clean places dubbed in? Or contacting the rest of the parents and getting them all to contact the "lead tenants" parents to suggest the deposit is returned. I would be interested to see what she seems as day rates for 3 days work as well. Honestly,some people are a waste of oxygen.
Write her a letter accepting the fee. Then charge her 3 days wages for your legal acceptance of the change.
Given that it's taken her 3 days to fill in a form, I'm confident you'll be up on the deal 😉
Is she only deducting the fee from your daughter's share ?
Yes. There was bad feeling between them at the end.
I have done some googling but not very encouraging. Small claims court seems to be the answer but she doesn't know this girl's new address. Sigh!!
The police won't be interested it's a civil problem, not criminal
I've dealt with the dps people several times and they are usually very good at sorting problems
I would get your daughter to ring them and explain , see what they say.
Really WTF are people like these days...
Go round in person and point out how normal people work. The leave a bill for your consulting and educational services.
As no one has mentioned it I'd suggest going round and carrying out one of the following:
- wee in her shoes
- own her with bombers
- kick her in the slats
But realistically a personal visit on the doorstep is a lot harder to ignore than a fire and forget letter/email. You could always phone her first and pre-warn her that you intend to pay a visit. That may do the job.
Id do it all by registered post say you want the money, explain that there's no need for the deduction and it's not beign applied equally.
Give a deadline for a response - say 7 days.
If there's no or a negative response then write again saying that if payment is not received within say 14 days you'll be going to small claims court. Maybe find out if a succesful claim will show on a credit check and explain the consequences to the person owing the money.
Then go to small claims court if the money's not received.
But before all that then some proper legal advice.
A stand up row on a doorstep will not solve this.
wtf is wrong with people, that's madness.
Only thing I can think of is counterclaim, for an equally spurious make believe cost of some kind.
Or you can let her proceed, perhaps calling her bluff, but be prepared to dispute it and push it to either mediation or a court hearing, it will almost certainly be thrown out, or her claim massively reduced. However I suspect she'll bottle it well before then.
Do not visit, and refuse visits. If she's willing to do this, she's willing to make up other nonsense. Everything in writing.
Even if you had her address, I wouldn't involve the girl at all. Go straight to TDS as "curto80" said, explain the situation and ask them to issue individual payments.
If she never stated beforehand and your daughter did not agree to the fee beforehand, than she can not take a fee. Basically what the person is doing is telling your daughter is "I am going to steal from you a sum of money".
CAB visit but a quick visit to a lawyer to send a threatening letter with court (which your daughter will win) may be quicker and be more threatening.
I'd inform her that you're going to the small claims court. I successfully used a small claims court to get my deposit back from a dishonest landlord.
Other than that, all I can say is WTF?
Oh and I did have a thieving housemate once, a call to his father fixed it all.
I see that young lady having a bright future in politics.
But....
[img] 
[/img]
Do you know where the ex-flatmate's parents live ? You seem to be quite involved in your daughter's life, they might be too ? You never know, they might be respectable people and horrified at what their devil-spawn is up to.
[img] 
[/img]
[img] 
[/img]
Obviously.
The advice about cutting out the middlethief and dealing direct with the TDS is the right way to go. Speaking to a human and explaining what's going on may get you a decent response, you never know.
Really WTF are people like these days...
It's not a new thing.
Go straight to TDS as "curto80" said, explain the situation and ask them to issue individual payments.
Curious as to why you put the user name in inverted commas?
Name and shame her - I'm sure STW can track her down before too long, after all it's what the internet is for!
Curious as to why you put the user name in inverted commas?
No real reason. I was quoting a name.
Having had a thieving alcoholic flat"mate" in the past, all I can say is best of luck, at least you have some legal recourse available.
I can just see a swarm of STW chat members stalking the young lass in there 4X4s (with optional fake mud splatters) and tutting at her 🙄
Edit to STW chat members household staff, driving the 4X4s and tutting
Edit to STW chat members household staff, driving the 4X4s and tutting
I'll get my man on it right away.
😆
Edit to STW chat members household staff, driving the 4X4s and tuttingI'll get my man on it right away.
Is he your Tutler?
Nice group of flat mate friends .......
Is he your Tutler?
[URL= http://www.sherv.net/cm/emoticons/hand-gestures/clapping-bravo-smiley-emoticon.gi f" target="_blank">http://www.sherv.net/cm/emoticons/hand-gestures/clapping-bravo-smiley-emoticon.gi f"/> [/IMG][/URL]
😆