Advice needed on Landlord/Agent witholding deposit

gavsto2005

Hi all,

Me and my partner have been having serious issues with the landlord even since we moved into the property (beginning of March). To cut a long story short, they didn't provide furniture that we requested (as a condition of taking the property, this is even listed on the inventory that the agent has), we had not hot water for just under a month and since then barely enough to fill a quarter of a bath. The only shower that we had didn't work as it would not stay on the wall and was filled with mould and rubbish. They didn't repair certain aspects of the property (gutters, outside electricity box, fences) and many other things were left in a state of disrepair.

Based on this, me and my partner terminated the contract on the grounds of them leaving the property in disrepair. We served them with one months notice as required and then left.

We paid up to the day that we left. We were in a six months assured tenancy agreement. The landlord is witholding the deposit claiming he will be using it as the rent we didn't pay for the rest of our contracted period.

What can we do? Our deposit is held by the DPS and we will be disputing this claim on the form we that we have but does anyone have any experience/advice on where we stand what to do?

Thanks in advance!

sooz

gavsto2005 wrote: »

Based on this, me and my partner terminated the contract on the grounds of them leaving the property in disrepair. We served them with one months notice as required and then left.

We paid up to the day that we left. We were in a six months assured tenancy agreement.

If you had a 6 month AST which started in March, you were in a contract until September. You could not serve one month's notice until August at the earliest (or you could just leave on the last day of your contract)

As such, despite the condtion of the property, you have broken your contract, & you still owe the remaining rent.

Whilst still at the property, you should have taken advice from your local council, and specifically the TRO. Did you speak to anyone other than the LA about the conditon of the property? Did you put your concerns in writing? Another option would have been for you to get estimates, write to the LL and LA, and subsequently do the work & withhold those amounts from your next rental payments.

Premier_2

I think you should have sought independant legal advice before unilaterally deciding you could bring the contract to an end during the fixed term.

pinkshoes

Sooz said it all really - you had a 6 month contract, so you have to pay rent up to the beginning of September, so the landlord is not only entitled to keep your deposit to cover the rent, he's also entitled to chase you for the remainder.

You should ask for the keys back, seeing as you'll have to pay until September. As I have done previously in a poor quality rental, I notified the landlord in writing that if the work wasn't done within 7 days <give date>, then I would be getting the work done myself, deducting the cost from my rent, and issuing him with a copy of the receipt.

gavsto2005

Thanks for the replies so far everyone. I did received advice from a solicitor who said we were within our rights to void the contract as they had not abided to the repair part of it. Also yes we have everything documented.

Premier_2

gavsto2005 wrote: »

Thanks for the replies so far everyone. I did received advice from a solicitor who said we were within our rights to void the contract as they had not abided to the repair part of it. Also yes we have everything documented.

Then I'm sure your solicitor will be willing to act on your behalf in obtaining your deposit back

Personally, I think you've probably got more chance finding another solicitor who's prepared to sue the old solicitor for providing poor advice

Loretta

Your deposit is for damage etc it cannot be used for outstanding rent that is a seperate issue.

Premier_2

Loretta wrote: »

Your deposit is for damage etc it cannot be used for outstanding rent that is a seperate issue.

Nope, it is held as security for the performance of all obligations of the tenant under the TA

Moving Out

At the end of the tenancy, check whether you are leaving the property and its contents in the condition in which it was let to you - allowing for fair wear and tear- and check that you have paid your rent and any other expenses. Then agree with your landlord or agent how much of the deposit should be returned to you.

http://www.direct.gov.uk/en/TenancyDeposit/DG_066373

olly300

gavsto2005 Tenancy agreements come under different laws from other goods and services. This means not all the laws on goods and services are applicable to housing law.

That means if you pursue the landlord for your deposit the landlord can use the fact you have given him your current address, and housing law to pursue you through the small claims court to get some of the money back for some of the rent you didn't pay and get a CCJ against your name.

I suggest next time you have a housing problem instead of wasting money on a solicitor who clearly doesn't know anything about housing law you contact Shelter instead via their website - shelter.org.uk Read the website pages first as you may not need to contact them. Shelter are a housing charity so their advice is free. They have been around since the 60's and have helped many people on this site.