Help Please Regarding Deposit

LittleLisa79

Can our landlord ask for a deposit after we have moved in?

He didnt require a deposit before we moved in but is now attempting to ask for one. Can he do this? If he can where do i stand with regards repairs and decorating we have done instead of a deposit i.e building a fence out the back decorating the house and having the electrics repaired which we paid for and the labour for having the fencing put up.

Any help would be appreciated as we are confused and havent a clue where we stand.

Thanks

moobembrick

Is this a private arrangement or did you go through a letting agaent? If you went through a letting agent contact them as they should be able to help. If you didn't check your contract and see what that says. The landlord should be responsible for all the repiars to the property (normal wear and tear) and he can only withold the deposit for damage to the property (smoking where he has requested that they don't etc). He should also put the deposit into an account so that interest is paid on the amount and returned to the tennant at the end of the lease.

Not an expert, but do own a few houses. Best to go through a letting agent and avoid private arrangements.

LittleLisa79

He didnt want a deposit when we moved in (not through a letting agent) and he will not sign a contract that shows both the tenants responsibilities and the landlords only wat he expects from the tenant. The deposit if given wouldnt be put into any account, he just all of a sudden decided now a month after we have moved in he wants a deposit. I havent a clue where i stand as this has never happened before

poppy10_2

LittleLisa79 wrote: »

He didnt require a deposit before we moved in but is now attempting to ask for one. Can he do this?

He can ask, but you don't have to give him a deposit.

LittleLisa79

Thanks alot. I justed wanted to arm myself with some facts before he came around asking again

Fire_Fox

What do you mean come round asking again? Is your landlord turning up at your rented property unannounced? That is breaching your right to 'quiet enjoyment'. Do you have a copy of a gas safety certificate, if there is gas in the property?

I'd ask for a proper assured shorthold tenancy agreement again, and I'd also find out if he has permission to let the property from the mortgage provider, and perhaps if he is registered to pay income tax. If you do choose to give him a deposit he must protect it in a scheme or you can claim for three times the amount!

Do you have it in writing from the landlord that you were to do repairs to the property instead of a deposit? Was the intention that you'd have this money refunded or get a cheaper rental price?

DaniellaG

I thought no matter what a security deposit has to be in a special account?Something sounds odd about this and how he does not want to sign anything. From this point forward anything you do to your place etc I would get a written note saying it is ok. When you move you don't want any problems. Do you have a lease agreement stating what you pay per month and what does it say about deposit? I would think what ever is stated there is what is.

princeofpounds

If there was no deposit agreed contractually, then there is no need to give him one now on a legal basis.

I would be slightly suspicious of why he asks for one now when he had all the time in the world to ask for one before letting the place out.

The only legal thing he can do to force you to reconsider is terminate your tenancy at the end of the fixed term. That may not even bother you if unless you want to be a long term tenant.

moobembrick

I'm not sure what your circumstances are, but i would definetly go through a letting agent in future. Not only do they check tenants for landlords, but they protect you from dodgy landlords! Out of interest did he offer you a cheaper rent?