landlord won't return bond.

cooltt

Hi everyone just a quick question.
I moved into a flat in january and moved out last week after 9 months. landlord is private i agreed an initial 6 months then rolling everymonth after that.Paid 500 deposit and a months rent up front. land lord said he would put my deposit in a protected scheme but he didn't and he never had me sign a tennecy agreement. Now he is saying that he is deducting cost for me ending the tenancy early going on about the agreement etc. but there isn't any. I've said i want all of my bond back but he is going on about the agreement, can he keep my deposit for incurred cost etc..?

Thanks.

tizhimi

there are so many posts on this... sue his hairy bottom! for 3 times your deposit back and tell him to shove his invisible contract up his hairy bottom hole!. (I'm in a bad mood today - sorry)

Bermuda_John

i think that seen as though you paid him every month and lived in his house there is a "contract" in place even though it isnt in writing

some legal person will be able to confirm why

Rimo2021

If he didn't get you to sign a short assured tenency form you could probably cause him all sorts of grief..

clutton_2

he has provided you with a property
you have paid rent

therefore an Assured Shorthold Tenancy Agreement exists in law

what is more difficult to establish is how long the agreement was for.

did you pay rent into a bank account - or did you pay him in cash ?

did you sign anything at all ?

did the landlord protect your deposit in a Deposit protection scheme ?

Rickh_2

If you haven't signed a tenancy agreement, there is no agreement, the landlord hasn't got a leg to stand on. He is also required by law now to put the deposit in a deposit protection scheme. You have a legal right to make him do this, even now. Write to him and politely give him 14 days to either return your deposit in full, or place it in a protection scheme. He has got no choice but to comply or you will be able to sue him for up to 3 times the amount in question. Good luck!

RLH33

Rickh wrote: »

Write to him and politely give him 14 days to either return your deposit in full, or place it in a protection scheme. He has got no choice but to comply or you will be able to sue him for up to 3 times the amount in question. Good luck!

From reading other posts about this issue I think that now the OP has moved out it is too late for the deposit to be protected. They can therefore go right ahead and sue for 3x the deposit. I would put this in writing to the LL and see what happens then - I'll bet the deposit is returned pretty quick!!

clutton_2

""If you haven't signed a tenancy agreement, there is no agreement,""

this is simply untrue.

I asked if the rent was paid in cash or via a bank account - if via a bank account, it will be easier for the tenant to prove his/her tenancy - if s/he paid in cash it could be difficult to prove

however, as suggested above, i would write to the LL asking for the deposit back and quoting the 3timex deposit legislation which is part of the 2004 Housing Act.

cooltt

Hi thanks for all your replies, i'm really annoyed over this.
Just to answer a few questions. I paid the rent by standing order direct to his bank account every month. We agreed a 6 month lease then month by month after that. He said he would pay my deposit into a protected scheme but hasn't provided me with any info as to where it is (as i believe he is required to do by law) i have now moved out of the property. When i first moved in the washing machine didn't work and i had to take time off work on several occasions to get a new one which was faulty and take it out of his rent which he agreed to do because he didn't live in the area. He's basically claiming i ended the 12 month contract early (which i didn't agree to) and now wants petrol money for having to drive up from england to show people round, and other expenses. I have said there is no written contract because he never sent me one but he is insistig he can take money from me etc..
Can someone point me in the right direction to start court action against him please.

Thanks.