Checking my bond

Insomniac666

true.... hmm... well as paid rent in advance, the 2 months covered the 1st months rent, so I'll only have the one months rent back, if i pay this months rent, so by tellign them to use it, I'll need no money back off them.

as for damage, I'm finishing off filling in the holes from hanging my pictures, giving them their once over before spot painting them to cover... so if thye have any issues, i can sort that on leaving.

N79

Insomniac666 wrote: »

true.... hmm... well as paid rent in advance, the 2 months covered the 1st months rent, so I'll only have the one months rent back, if i pay this months rent, so by tellign them to use it, I'll need no money back off them.

as for damage, I'm finishing off filling in the holes from hanging my pictures, giving them their once over before spot painting them to cover... so if thye have any issues, i can sort that on leaving.

Good point - I misunderstood as I thought you had paid 2 months extra rent at the start (on top of the 1st months rent).

Insomniac666

At least this explains me not remembering to have the Deposit scheme notification, however does this leave me with any issues? or should I just bring it to their attention if they don't want to use this as my last months payment?

N79

You could always offer that they protect the months rent they have as a deposit and afterwards you will pay your last months rent.

However, the LL has tried to get around the rules and has failed, breaking the law in the process, so I really see no reason why you should make their life easier. If it was me I would just tell them that all your rent is now paid (it is) and thus you will not be making a payment in the final month. If they complain then point out that either you have paid them the rent or a depsoit and if a deposit then point out that it must be protected and that since it was not they should pay you 3 times the deposit. Job done.

The only proviso is that if you want a reference then it may not be very good!

Insomniac666

N79 wrote: »

If they complain then point out that either you have paid them the rent or a depsoit and if a deposit then point out that it must be protected and that since it was not they should pay you 3 times the deposit.QUOTE]

I think that would go down a storm!!! Is there a section of the law I can quote to them for that?

N79

Insomniac666 wrote: »

If they complain then point out that either you have paid them the rent or a depsoit and if a deposit then point out that it must be protected and that since it was not they should pay you 3 times the deposit.QUOTE]

I think that would go down a storm!!! Is there a section of the law I can quote to them for that?

It is in the deposit protection regulations which are contained in the Housing Act 2004 s212-215

Your LL tried to get around the rules by calling a deposit "advance" rent. This practice was encouraged, rather stupidly, by the RLA one of the major LL associations. However, a number of courts ruled that a spade is a spade (or a deposit is a deposit) and the RLA has since changed its advice.

MissMoneypenny

N79 wrote: »

It is in the deposit protection regulations which are contained in the Housing Act 2004 s212-215

Your LL tried to get around the rules by calling a deposit "advance" rent. This practice was encouraged, rather stupidly, by the RLA one of the major LL associations. However, a number of courts ruled that a spade is a spade (or a deposit is a deposit) and the RLA has since changed its advice.

Agree with N79.

Here is the government link to the relevant Act.

· Chapter 4
Tenancy deposit schemes
1. 212. Tenancy deposit schemes
2. 213. Requirements relating to tenancy deposits
3. 214. Proceedings relating to tenancy deposits
4. 215. Sanctions for non-compliance
http://www.opsi.gov.uk/acts/acts2004/ukpga_20040034_en_1

Section 214 (above) is the one about 3x the deposit being paid to the tenant.

Fire_Fox

If you are leaving in five weeks does that mean the landlord has served notice on you? If so your notice is invalid if your deposit has not been protected.

MissMoneypenny

N79 wrote: »

Also since it is rent they can not use this money for any damage you cause.

Insomniac666 wrote: »

also there is no inventory

Nor can they win in court for damages. From what I have read on here
no inventory/no signed inventory by both parties = no deposit deductions
as they can't prove what the house was like when you moved in.

RabbitMad

MissMoneypenny wrote: »

Nor can they win in court for damages. From what I have read on here
no inventory/no signed inventory by both parties = no deposit deductions
as they can't prove what the house was like when you moved in.

This is incorrect - it just makes any court case harder for them.

A court just rules on balance of probablities and if the house was trashed the LL could take photos of this or produce workman's receipts for repairs and show these to a judge. On the balance of probabilities the judge is likely to believe the LL that the property was in a reasonable state at the begining of the tenancy (unless the tenant has proof otherwise)