tell my LL to keep Deposit as last rent payment?

tia_meena

Hi all,
I'm stressed out and worried and would very much appreciate some advice.

I'm currently renting a flat in London. I've been there since Jan 2005 and every year I signed a now assured shorthold tenancy agreement.

I now want to move out and I'm about to give my notice, which following the agreement needs to be 2 months.

These issues are keeping me awake:

- I've been reading a lot on this forum and can't believe that even with the TDS lots of people go through issues and court cases in order to get their deposit back. My landlord should have protected my deposit when I signed another assured shorthold tenancy agreement in Jan 2008, which he still hasn't done!
- There was no schedule of inventory or schedule of conditions. Does this makes it even worse to get my deposit back as I can’t proof what fitting/ furniture were in the flat and the condition of it.

- I read on this forum about the gas safety checking on a yearly base. My landlord hasn't done this. I got a new boiler at the end of 2006, after I reported the heating not working and since then there has been no checks, also none before the boiler switch. I’m going to call the H&S department, but can I do this without having contacted the landlord first demanding these checks? I mean; does there need to be proof that I tried to get this done?
Also my LL has a building management company, so surely once he gets a call from the H&S he might be able to provide back dated certificates? I believe he MUST have a CORGI registered engineer as an employee.
- Last year the landlord made an entry – no notice, no missed calls trying to contact me – to look at some leak in the flat underneath mine, and surprised my friend (a guest from abroad at the time) who called 999 as she kept asking to identify himself which he didn’t, so hence the call to 999. I’ve changed the locks since then. I’ve read that’s not against the law as long as I put the original locks back at the end of the tenancy. Is this correct?

I’m not looking forward to the move – moving in with my BF - because I’m worried in advance about the problems I’m very likely to have. I feel I have 2 options:

:confused: 1. give my notice now. Which is 2 months, but move out after 1 month and tell him to keep the deposit to cover the last month rent. The deposit is more than the rent. Is it likely that he’ll try to take me to court? Even if I state the broke the law on the deposit/ gas boiler check/ entry? He broke the agreement on a number occasions, so I will be breaking the one that says: The Tenant shall not be entitled to withhold the payment of any instalment of Rent or any other monies payable under
this Agreement on the ground that the Landlord holds the Deposit or any part of it.

I won’t be expecting a deposit back so I don’t see the need of leaving a forwarding address. If I tell him I’ll be moving abroad, would it still be likely for him to come after me for more money? Or would he be able to track me down in the uk? (I’m intending to leave the flat in good condition / spotless and take pictures)

:confused: 2. give my notice now and move out in 2 months time. But then have the fight over the deposit. He might even try to charge me extra for fake damages or furniture missing, because I won’t be able to proof all the furniture is there and there is no damage as there is no inventory.

Would I be in real trouble if I go for option 1?

meena

moneysavinmonkey

1)
you say you signed a new AST each year - what is the fixed period of the AST? If it is 12 months and you signed January 2007 it is not so simple as to give 2 months notice.....

2)
Your landlord should have protected deposit. Ask him for details of how you deposit is protected - specifically "the prescribed information". You do not know yet that a) your deposit isn't protected or b) that you landlord won't give it back to you ... so don't need to get too ahead of yourself yet.

3) you can not tell your landlord to keep you deposit, but you could ask him nicely if that would suit him. It's not really in his interests to do this so he may refuse. It's best to keep relations as coordial as possible at this stage.

You are assuming the worst of your landlord and could be making things more difficult for yourself. Nothing you have said indicates that your landlord is going to try and keep your deposit.


The new tenancy legislation gives your far more protection so it's in your best interests to play by the rules. Pay your rent and then if you have to claim your deposit back through moneyclaim. If the landlord hasn't protected your deposit at this stage he has only 3 options:
1- return your deposit in full
2 - protect the deposit under an authorised scheme (who would then insure the return of your deposit)
3 - be ordered by the court to return your deposit + 3xdeposit penalty payment.

If you didn't pay rent then your landlord would likely keep your deposit + could still make up spurious damages and pursue you in court for these + you won't be getting any references from him for the next place you rent.

moneysavinmonkey

also to say the no inventory is in your favour as if it came down to it the landlord has to proove the damage was caused by you, not the other way around.

clutton_2

i f you are in periodic - then a tenant only has to give one months notice by law - irrespective of what it says in the AST

tia_meena

[FONT=Arial,Bold]

i f you are in periodic - then a tenant only has to give one months notice by law - irrespective of what it says in the AST

this is from the agreement:

Term of Tenancy[/FONT].
The Landlord lets to the Tenant the Premises for a period of 12 months. The Tenancy shall start on and include the

21 January 2008 and shall end on and include the 20 January 2009 but subject to clause 27.2.

Either the Landlord or the tenant shall have the right to terminate the tenancy, by giving not less than two months
notice in writing to that effect, not to be served before the initial 6 months of the term have expired (a minimum term

of 8 months)

Am I legally only on 1 months notice?

tia_meena

If you didn't pay rent then your landlord would likely keep your deposit + could still make up spurious damages and pursue you in court for these + you won't be getting any references from him for the next place you rent.

I'm really not worried about a reference for my next place I rent. I won't be renting again.
Just worried about the courtcase or whether he is happy with the extra money from the deposit and won't bother with the hassle of getting more money from me. Also what happens if I don't give a forwarding address?

moneysavinmonkey

why do you think that there will be a court case?
Seems you are giving away more money just in case of a worse case scenario or for an easy life - not really moneysaving and I wouldn't advise it - but it's your choice to make.

Your tenancy agreement seems really confusing i don't see how it can say both:

The Landlord lets to the Tenant the Premises for a period of 12 months

Either the Landlord or the tenant shall have the right to terminate the tenancy, by giving not less than two months
notice in writing to that effect, not to be served before the initial 6 months of the term have expired

The first sentence indicates it is a 12 month fixed term, the second seems to suggest that it's a 6 months fixed term then onto periodic tenancy?? Hopefully someone else can explain this or else you can use the ambiguity to your advantage seeing as you now wish to leave early.

At this stage I think you really just need to speak nicely to your landlord and see what he will agree too.

tia_meena

Sorry, I copied and pasted some line from the agreement.

I'm on a 12month agreement, with 6months break clause and 2 months notice to be given after that.

tia_meena

I found this on the MSE forum:

There isn't anything in law such as no inventory = no retention of the deposit, as far as I'm aware

.

However, the lack of one does not prevent a LL from making deductions from the deposit for claimed delapidations. Ultimately, if a tenant wants their deposit back they would need to take a LL to court to get it back if the LL is unwilling to give it back. The court will decide on the balance of probablility whether the damage was caused b

y the tenant during the tenancy. (and it not being fair wear & tear). The lack of inventory/statement of condition does not automatically mean the tenant wins - that is why it is both parties interests.

tia_meena

My LL has a building maintenance company so it would be easy for him to come up with all sorts of receipts for work done at the flat. As well as the certificates for the gas safety checking.
This can be used as proof on deductions from my deposit!

Am I just worrying to much?

moneysavinmonkey

Assuming that you haven't spoken to your landlord yet I'd say yes!

For all we know he might agree to your request, or say no, but then hand back your deposit straightaway you move out.

As the above quote says the judge will decide on a balance of probabilities who is telling the truth - if all the landlord has is a bunch of receipts from his own company then it's likely to go your way.

If you landlord has not protected your deposit then you could even put in a claim for the 3x deposit penalty fee (ie your landlord would get fined three times the amount of your deposit and that money would go to you). The only way he could avoid this is by returning your deposit or protecting it - so you really do hold all the cards.