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Landlord not returning deposit - Letter format

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  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    billi-jo wrote: »
    my landlady only just protected my bond the other week when i asked her if it was protected we have lived on our house since june 2007, but the new contract started on june 2009, are we still entitled to claim, or has she breached the contract as i want to move before june 2010 but dont want to loose the bond or her take us to court, any advice is much appreciated. Thanks

    Fairly often, due to poorly worded legislation, landlords who protect the deposit late (i.e. before the court case) are not made to pay the penalty. Others say that there is a bit of a postcode lottery that goes on and it depends on precedents for this in that particular court/by certain judges. Others say that judges used to give landlords the benefit of the doubt when the legislation was new but are a little less patient now.

    therefore there is a risk that you'll lose.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    billi-jo wrote: »
    my landlady only just protected my bond the other week when i asked her if it was protected we have lived on our house since june 2007, but the new contract started on june 2009, ,

    No she has not breached the contract, though she was (note was) in breach of the law.
    are we still entitled to claim?
    What do you want to claim? 3 times the deposit just cos you fancy some extra cash? She's protected your deposit (albeit not straight away) so there is now no problem and nothing to claim.
    as i want to move before june 2010
    Then why did you sign a new contract (which I'm guessing was a 12 month one?). The deposit issue does not have any connection with the term of the agreement. You both commited to (12?) months. If she told you to leave early you'd be pretty irate (rightly) and would be insisting on your right to stay.
    dont want to loose the bond or her take us to court
    if it's now protected, the only reason you might lose it is if you owe rent or do damage.
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