PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Rental deposit return

Options
2456

Comments

  • theartfullodger
    theartfullodger Posts: 14,655 Forumite
    Name Dropper First Anniversary First Post
    edited 5 April 2017 at 12:04PM
    Options
    eggha wrote: »
    if you had read the OP properly you would see that your experience of student contracts is irrelevant since this is a "normal" AST not a halls licence

    the deposit has not been protected, true, but you missed out the word YET because it is not YET due to be protected as the LL had 30 days in which to do so. The contract terminated before those 30 days were up so the deposit is not in a scheme and the OP has no grounds for non protection. ....
    Disagree: The legislation refers to deposits taken "in connection with a shorthold tenancy". See s213 HA 2004
    http://www.legislation.gov.uk/ukpga/2004/34/section/213
    213 Requirements relating to tenancy deposits

    (1) Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received, be dealt with in accordance with an authorised scheme. ....
    (Bizarrely..) even if tenant never moves in (so there is no tenancy) the deposit protection rules would still apply.

    It was not returned nor protected within the 30 days from payment so OP is entitled to argue for it's return AND the up-to-3xdeposit penalty.

    Bonnand, sue the b*st*ard! There is good guidance on CaB website, start with a calm, polite, LBA.

    Cheers, Artful: (A landlord btw...)
  • bonnand
    bonnand Posts: 39 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Hello,

    Many thanks for your replies.

    I think the comment about LL "not using the deposit as a ransom" is apt in this situation.

    If we had been told we could move out, he would keep the deposit until new tenants were found then I would be in agreement. But that didn't happen, new tenants moved in 24 HOURS after we moved out.

    Also, if we were to be evicted the LL would have to give me 2 months notice, if I refused to pay rent and use it as a "ransom" to get repairs done I would be in the wrong.

    Thats why I feel that keeping the despising when LL us NOT out of pocket at all us wrong.

    Thanks.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Options
    theartfullodger wrote: »
    Disagree: The legislation refers to deposits taken "in connection with a shorthold tenancy". See s213 HA 2004
    http://www.legislation.gov.uk/ukpga/2004/34/section/213
    (Bizarrely..) even if tenant never moves in (so there is no tenancy) the deposit protection rules would still apply.

    It was not returned nor protected within the 30 days from payment so OP is entitled to argue for it's return AND the up-to-3xdeposit penalty.

    Bonnand, sue the b*st*ard! There is good guidance on CaB website, start with a calm, polite, LBA.

    Cheers, Artful: (A landlord btw...)



    Im inclined to agree to a point - factually you are correct (as usual)


    But realistically is a judge going to penalise the landlord. The defence almost certainly would be


    "I had 9 days to protect the deposit, the surrender took place and as part of that they surrendered the deposit, as is often the case"
  • bonnand
    bonnand Posts: 39 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Hello all,

    Once again many thanks for your help.

    Apologies but what does "LBA" stand for when I search the CAB site?

    All along I have been calm and polite towards the agent and LL but I just want our deposit back.

    Many thanks.
  • sammyjammy
    sammyjammy Posts: 7,403 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    Letter before action ( court action)
    "You've been reading SOS when it's just your clock reading 5:05 "
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Options
    bonnand wrote: »
    Hello all,

    Once again many thanks for your help.

    Apologies but what does "LBA" stand for when I search the CAB site?

    All along I have been calm and polite towards the agent and LL but I just want our deposit back.

    Many thanks.

    Letter before action
  • bonnand
    bonnand Posts: 39 Forumite
    First Post First Anniversary Combo Breaker
    Options
    Hello again,

    I have been to CAB and they have advised on LBA but I cannot find a template on their website. Does anyone have a suggestion of template I could use?

    Many thanks agin.
  • Heather2603
    Heather2603 Posts: 72 Forumite
    Options
    Link to the section on the CAB website complete with everything you should put in and a template. You won't get a template for your exact scenario just generic.
    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/
  • theartfullodger
    theartfullodger Posts: 14,655 Forumite
    Name Dropper First Anniversary First Post
    Options
    Guest101 wrote: »
    Im inclined to agree to a point - factually you are correct (as usual)


    But realistically is a judge going to penalise the landlord. The defence almost certainly would be


    "I had 9 days to protect the deposit, the surrender took place and as part of that they surrendered the deposit, as is often the case"
    The law is clear, penalty of between 1 & 3x deposit. So a judge should penalise, assuming evidence stands up: However, I'd agree this is a case where a judge may well be more "independent" than usual.
  • Kayalana99
    Kayalana99 Posts: 3,626 Forumite
    First Anniversary First Post Combo Breaker I've been Money Tipped!
    Options
    Before you start threating legal action, have you replied to said e-mail and told them you are not happy with this as it was not mentioned proir, explained how you feel it's unjustified due to tennants moving in the day after etc.

    My friend went through all this they tried to take the full deposit off them for cleaning reasons but they had took photos when they moved in and proved it was actually better state then when they moved out - then they tried to charge them £60 for not mowing the lawn but they managed to get out of that one too..

    They will try anything, but push back and you might find they hand it over as they certainly won't want a legal battle over it (but they will push their luck)
    People don't know what they want until you show them.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.5K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.6K Work, Benefits & Business
  • 608.6K Mortgages, Homes & Bills
  • 173.2K Life & Family
  • 248.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards