landlord wont meet to get keys back

joannemartin66

my friend has just rang for bit of advice she handed her notice in on her flat and last day was today and she was going down to make sure all ok and meet landlord, she has now moved 65 miles away, she spent all day waiting for him and he would not answer phone, she didnt know what to do, she then got text from him saying cant meet post keys back

she is ok with doing this but is worried that she wont get her bond back, she has took pics to show flat looks nice but is so worried that he can say that its not to his liking and keep the bond

i mentioned that it should be in deposit scheme but it isnt

what roud should she go down if he doesnt give it her, ive sent her link to shelter but she is still worried about posting keys, also if she doesnt till she has spoke to him can he try and charge her more rent??

DVardysShadow

She should send a letter, keeping a copy, noting the appointment for checkout and the fact it was not kept and ask for another appointment for checkout and handover of keys - or confirmation that there are no checkout issues which will impede full return of the deposit, once keys are returned.

Fire_Fox

Your friend needs to post the keys back urgently using Special Delivery (not recorded in this instance) along with a letter which states that the landlord failed to meet her for checkout and did not answer his phone so she is assuming he will release her deposit immediately. The reason for this is the landlord might claim the tenancy was not ended as she has not surrendered the keys, although obviously it is not her fault.

If the landlord does not return her deposit she can send a 'letter before action' (recorded delivery, keep the receipt) informing the landlord that her deposit should have been lodged in one of the three schemes, so she intends to take him to the small claims court if not returned within seven days. If still no joy she should start a small claims action which is not expensive or difficult - for supporting evidence she would use her AST, check in inventory if any, photographs (well done), recorded/ special delivery receipts, copies of letters.

StudentMoneySaver

If the deposit is unprotected your friend can sue the LL for the deposit plus 3 times the deposit amount (Housing Act 2004 s.214(4))

DVardysShadow

Fire_Fox wrote: »

Your friend needs to post the keys back urgently using Special Delivery (not recorded in this instance) along with a letter which states that the landlord failed to meet her for checkout and did not answer his phone so she is assuming he will release her deposit immediately. The reason for this is the landlord might claim the tenancy was not ended as she has not surrendered the keys, although obviously it is not her fault.

Given that there was an appointment not kept by the LL, I think it is perfectly reasonable to ask for instructions concerning return of keys. Just necessary to get a paper trail in place.