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Problems with landlord

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
I moved into a flatshare 2 months ago. I went to look around it seemed really nice had a homely feel to it and the landlord seemed ok too. However, from the day i moved in things have not been great. Whenever someone uses the cooker the smell of buring oil/ fat drifts into my room even when i have the door closed making everything that is left out smell like the chip pan. I found out later on even if you have switched on the extractor fan it doesnt actually work as there is no filter to take away the smell and the extractor hood does not vent out externally. I have spoken to the landlord several times about the problem but this has fallen on deaf ears. I even brought a draft excluder which was absolutely useless. 3rd time of notification was via a text message of which i had sent the landlord a link to a supplier website who deliver parts the next day I also said that if the problem wasnt fixed at the end of the month i would be giving notice to leave. Its also a health and safety issue as ovens shouldnt make such a smell and one of the rings on the gas cooker is not working, this unit. The landlord did not reply and i spoke to him later that night, he said he was surprised at the tone of the text, was going to order parts etc... but come end of the month nothing had happened so I gave the landlord my notice letter to leave.
Last weekend I spoke to the landlord and gave him the date that i was moving out and stated that i wanted my deposit back. He starts saying that he has cashflow issues and asked me if i was around several days later. I said when i move out i want the refundable part of my deposit back and went back to my room. The conversation got round to me telling him he needed to secure my deposit but he said he didnt as this wasnt a short term tenancy or something.
The atmosphere between us is not great especially when there is nothing to talk about and every time the oven is switched on i can smell that awful smell which has stressed me out for weeks (other tenants are not having this problem). I was hoping to go quietly on the day and leave with my deposit but the more i think about it i doubt that i will get my deposit back.
I did some research on a number of government websites and I am classed as being in an excluded occupancy tenancy as the landlord lives in the same flat and therefore does not have to secure my deposit. There is nowhere that tells me how i get my deposit back or what rights i have if any.
I have been on the local council website but am not confident enough to ring them as i dont need anymore trouble during my stay. The house rules have also stated that he monitors the internet traffic to make sure that it is not used fraudulently so does that mean this guy knows what webpages i have been reading?
Before i moved in i was told that of my £500 deposit £200 was not refundable as this covered breakages of which i havent broken or damaged anything during my stay so there is no reason for him to keep the other £300 unless he wants to make up stories about me.
I read an article in another thread about a small claims court would this be the last resort? Is there no other way? I would have to weigh up the pros and cons of going down the small claims court route.
I really do dread the day that i leave empty handed and it has put me off living in this area as i am worried that i will end up in another flat share like this


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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Unfortunately the information you've read is right: given the type of tenancy you have, he doesn't have to protect it. If he won't give the deposit back voluntarily then your only option will be to sue.

    This only applies if the landlord lives in the house you're renting a room in: if the landlord doesn't live there then they do have to protect it.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    thanks Artic roll, really does put me off flatsharing again especially if landlord lives in the same property.
    I am glad i have got this off my chest feeling better but not looking forward to suing.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Hey there and welcome to the boards :wave:

    Thanks for posting your problem; it sounds like a frustrating situation especially as you've done all you can to get rid of the smells from the kitchen!

    As Arctic Roll has mentioned, your landlord did not have to protect your deposit and therefore if he does not return it, you will have to go down the small claims route. Below are a few links that provide more information about this;

    1. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195118 - you may have seen this already. It's the Government website and includes lots of info about making a claim. Including making the claim online.

    2. http://www.adviceguide.org.uk/index/your_rights/legal_system_index_ew/small_claims.htm - this is the Citizen's Advice Bureau's (CAB) information from their website.
    You can also visit your local CAB office if you would like any further information - http://www.adviceguide.org.uk/index/get_advice.htm. Just put your postcode in using this link to find out where your nearest office is.
    You can also call them (the numbers are in that link).

    Hope this helps and please post again if you have any other queries.

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    What have you done about this as I'm in a similar situation?
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