UKC

Not sure if this is the right forum, not sure why I am on UKC and not googling advice forums, but here goes:

I rented a flat from October until June. I paid £500 deposit when I moved in. When I moved out the landlord said he would pay the outstanding bills and return any remaining deposit.

7 months later I got an email from British Gas saying my bill was ready. It turns out he had used my email address and phone number to sign me up for an online account with British Gas and I owed them 600 odd quid for a period from October to October (remember I moved out in June)

I phoned British Gas, got the bill proportionally adjusted to the correct period and payed it. Then I contacted my landlord asked for my deposit and got ignored for two weeks until I showed up at his property and left a message with his family.

He phoned me the next day saying to forward him proof I have paid the bill and he will pay the deposit back to me.
I did this immediately, got ignored for 2 more weeks and finally got a call off him today saying "The bill I paid was estimated. He has submitted meter readings to British Gas and I will need to pay this before he will return the deposit."

I believe he has submitted current readings and back dated them, or submitted incorrect readings to cover costs of his vacant property. This is the only way I could possibly owe more money on the account.

Here are my issues -

The first bill was not estimated, only the adjustment on the dates because he only submitted readings in October each year. I have an email from British Gas confirming the account is settled for the period I lived there.

He has been a complete nobber using my details to make an account without my knowledge.

He has been deceiving me to try and keep the deposit.

I have no problems paying bills but as he has said the deposit will be used for bills then why not return it to me now that I am the one paying them.

The whole situation is stressing me out, (I can't sleep as you can see from the time I am posting...) I want to try keep a good credit score so I can buy a house!

I am contacting the Deposit Scheme people when I get a break tomorrow at work, as well as British Gas.

What can I do to stop him coming up with an extra excuse to keep my money and to stop him passing around my details without my knowledge?

If anything this has served as a good vent....hopefully sort when the call centres open...thanks.

In reply to Tommyads:

I'm no lawyer - but that sounds like fraud to the max. If you can prove that - I'm not sure he'd be able to get away with that.

http://www.cps.gov.uk/legal/d_to_g/fraud_act/#a07 - hmmm....

In reply to SenzuBean:

I kind of hope it is, at this point I would very much like to turn the tables and stress him out...

The flat is above his commercial property. It's just occurred to me as I wrote that, that this might be what I am being charged for.

In reply to Tommyads:

Tell him you're going to the Police?

In reply to Timmd:

I'm not sure this is a police issue? Although I will be getting British Gas to investigate.

I have since found some good advice regarding the deposit side of things and as the bills are now my responsibility he has no right to the deposit so I will be contacting him in the morning regarding this. I imagine I will be ignored for two weeks, and then he will come back with another reason why he won't be paying.

As the deposit is protected it means they pay the landlord and then he pays me. The process will likely mean I have to dispute whatever bogus reason he has come up with to not pay, and potentially go to court to get this settled. I hope he would rather pay me and not have the hassle.

In reply to Tommyads:

If he's fraudulently opening accounts using your identity then I suspect it is a police issue.

In reply to Tommyads:


You might want to check this bit out, we always got paid directly by the protection scheme. Are you 100% sure it is protected? Do you have a letter or email from the protection people with your reference ID on it? Just start the claims process through their website. If he hasn't protected it look at taking him to court for up to 4 * the deposit.

In reply to JoshOvki:

Like JoshOvki says if your deposit is truly in a deposit protection scheme it will be paid directly back to you and you will have the option to object to any deductions by your landlord.

In reply to Tommyads:

After numerous issues with bills in rented accommodation I recommend to anyone to photograph and phone in all meter readings on the day they leave. My guess is that this bloke hasn't put your deposit in a scheme and that I'd say is your trump card as to getting your money back.

In reply to Tommyads:
I think you are also entitled to interest on the deposit.
If he hasn't used a deposit scheme, can't you report him and get him fined?
Contact citizens advice.

In reply to Tommyads:
It could be a police issue if it's fraud, and it could make him act to do things in the right way, even if you don't intend to go to the police. Having noticed you're in Sheffield, spreading his (bad) name as and wide as you can can't do any harm too. He certainly deserves it.

Edit: I'd be happy enough to help in blackening his reputation. It'd be karma for him.

In reply to Andy DB:


When I was a landlord for a few years the deposit was paid to me and I registered it with a scheme but it was my responsibility to give it back to the Tennant.
I'm not sure what it was because the wife took care of it but I do know it covered our legal obligation to protect the deposit.

In reply to Dax H:

There maybe different systems out there. Certainly the last house we rented the deposit came straight back to us. We also had to say we accepted any deduction that the landlord was making.

In reply to Dax H:
Are you 100% sure it came back you? I have used 2 / 3 of the deposit protection schemes. Each time out deposit goes to the landlord who then picks which scheme to put it in, along with our contact details. A letter gets sent to use which has a reference number on. At the end of the tenancy you log into the protection schemes website, login with the reference code and start the claim. Landlord can also start this process if they want to make deductions, when both parties are happy with how much money should go to whom it is deposited back into the reinvent accounts. The reason it wouldn't all go to the landlord to distribute out is that they might just keep it all making the scheme pointless.

In reply to Timmd:


"If you don't do X I will inform the police about a crime you committed" is getting close to blackmail.

Maybe a summons to the small claims court would concentrate minds, unless the landlord is really thick they will know that taking out a gas account in someone else's name is illegal and figure out for themselves what might happen if they don't settle before all the facts are put before a judge.

In reply to tom_in_edinburgh:

Nevermind

In reply to Tommyads:

Update:

British Gas have cleared this bill and told me within 16 days I will receive an email showing £0.00 account.

It's frustrating that web chat will give you a copy of the conversation for your records, but if you sort something over the phone (to get it done properly) you just have someones word that if you do nothing, in 16 days you will receive an email with your pardon.

So I am going to speak again with British Gas on web chat. I want to get the numbers and dates involved for the time I was there and for this additional bill. I want this all in writing showing how he has used my information and prompted unnecessary billing.

So there's no money leaving my account, now I just need to work on getting the deposit money coming in.

I have formally given my landlord 10 days to pay me back so this should get things moving. I will call the deposit scheme if I have time after my web chat, but it does say the landlord claims the deposit.

I haven't been able to get hold of Citizens advice yet (they are difficult to reach and I have been at work) but the website has been helpful.

Thank you for the replies. I'll hold off on the name and shame, fraud case and blackmailing for the time being. I'm not comfortable with any of that until citizens advice show me how to pull it off.

In reply to Tommyads:

If you have a smart phone you can get apps to record your calls.

If you do record a call, you have to inform the other party that you are doing so at the start or it is illegal to disseminate (so no using it in small claims etc)

In reply to Tommyads:
Visit him with a friend and explain how expensive private dental work is these days?

If he doesn't give you the money back you and your friend could then make him drink lots of Lucosade, or something...

In reply to Tommyads:

Sounds not entirely dissimilar to a Sheffield experience I had some years ago. Would be interested to know of the landlord - by PM if you prefer.

In reply to WildCamper:

This is good knowledge.

In reply to Ridge:

Welcome to generation rent. Unfortunately the system has been arranged that unless you make a Herculaen effort you will be screwed over by one landlord/letting agency after another til the day you drop (at work, because your pension scheme will have collapsed after being coerced to pay into it for 50 years)

I have been through all sorts of abuse of this nature, you sometimes win it back sometimes have to give up and move on, always incredibly stressful. Private landlords generally better than letting agents in my experience (but I guess not always)

I don't think the Police have any resources to deal with this sort of thing but why not, the Ombudsman is certainly a joke. Maybe small claims court

Good luck

In reply to Tommyads:

Try the MoneySavingExpert site and the House Buying, Renting and Selling forum.

Good luck

In reply to trouserburp:

I'm not sure, but I would think setting up a utility bill for someone else without their knowledge and then using it to obtain services you have no intention of paying for may well be a criminal offence.

In reply to Ridge:

Been there. Ombudsman took a year to reply and then this with a whole load of other despicable behaviour found in our favour and awarded princely sum of £200. Cost us a lot more than that each to move house in the meantime, never mind all the stress

In reply to Tommyads:

Things I have learnt:

Everything needs to be in writing because no one will do anything unless they are accountable. (I knew this anyway but I like to believe people are fundamentally decent, not anymore...)

A tenancy deposit scheme does not hold the money. The landlord has the money, and it is insured with the TDS in case of a dispute.

Legally a dispute can only be raised with in 3 months of the end of tenancy. This is why he has been messing me around with bills because I am now, no longer insured by a protected scheme.

I have up to 6 years to take him to court to get this money back, and he has a week left of my written notice to pay up. At which point I will take him to court, and in addition to getting my deposit I will be pursueing an investigation into fraud and energy theft.

Hopefully he chooses the easy option.

In reply to Tommyads:

Do please keep us informed as to progress, this is entertaining

In reply to Tommyads:

Wow, just read up on the TDS. Turns out if I ever become a tenant again I am going to insist that it is not kept with these people. Seems very much setup in the landlords favour.

In reply to Toerag:

Within 1 hour of me mentioning court, I have been paid back. I wonder why...

In reply to Tommyads:


Yeah not a lot of people realise this. I didn't until last week when there was a story here in Cornwall of major abuse of the system by an agent in Truro.

http://www.bbc.co.uk/news/uk-england-cornwall-38958848

In reply to Tommyads:

Hang in there, good luck, keep us in the loop if you can, CHECK IF YOU CAN IF HE HAS HEAVY PEOPLE (usually being in the restaurabt trade can be a warning flag here), and if not feel free to name and shame. If you're getting motivation from righteous anger, local paper too?

Good luck!

In reply to JoshOvki:
In most cases (assured tenancy agreement) the Landlord is required by law to register your deposit with these government schemes.

You are better off ensuring you rent through a reputable agency if you want more safeguards.

In reply to Tommyads:

Congrats

In reply to JoshOvki:

Legally it has to be done this way. And because like you , everyone always talks about the money being "kept" by a TDS I assumed that was physically where the money is, but it's just insured through them and the landlord has the money in his bank account...

Your best bet is to fully document inventory, meter readings, photo/video all rooms and get a signature from the landlord In case you have to go through something like what I have.

In reply to Tommyads:
Not always true either. If you rent through an agency, it is the agency who in most cases hold the money not the landlord. Again, if using an agency they will issue an inventory and do all the meter readings.

I'm now a landlord, and it makes my job easier this way.. and the tenant's too.

Works both ways... the tenant has to sign the inventory, as in my case, they left the property needing some cleaning to get it back to how it was.

In reply to Bellie:

We let our old house out for about a year and a half before we managed to sell it, (had to move away due to job).

As you say, we had no access to the deposit. It was held by the agent and registered with a deposit scheme.

In reply to Tommyads:


Fantastic!

I like how you've gone about this in a way which shows integrity on your part.

In reply to Tommyads:


It depends on the scheme.
MyDeposits will do either, so if you are a landlord you can either protect the deposit via insurance and keep it in your account, or you can transfer the deposit to the deposit scheme and they keep it for you.

Well done on getting your money back!

In reply to Tommyads:


good news... If I were you I would still look to register your fraud concerns with the police and the energy company concerned - it may help some poor future tenant

In reply to Tommyads:
Re my comment about blackening his name. After signing onto facebook, I was surprised at how interconnected social networks can seem in Sheffield. On the assumption that you'll know other people wanting to rent, it could seen as quite a good deed to to everything you can to warn people about him, and mention his commercial property to people here and there too, you possibly aren't the first person he's done this to.

It makes me cross when people like your landlord take advantage of people or try to. It's really unfair.

In reply to balmybaldwin:

Absolutely. There may be some kind of landlord feedback facility online too. Like trip adviser but but rental properties.