Deposit

Shonar0612

Hi all ...

My tenancy is up on the 27th of Aug. I am moving into a new flat at the end and my neighbours have said the people who lived here before took over a month to get there deposit back and from renting previous somewhere else last time it took me 7 weeks and should have only been 2 weeks as the lease stated.

Basically I cant afford to pay my rent and a upfront deposit and wait for my deposit back from here. alot of people have suggested that I say I am not paying my last month - keep the deposit. After all what are they going to do? Chuck me out! The person I am letting from is a family friend and wouldnt want a reference plus I could if I ever needed to get from other estate agents.

The flat is in perfect condition, well as good as when we moved in, probably cleaner! My OH said just say you cant afford it it will be late and move. I would be more confortable to say here is my notice I cant afford to pay it keep the deposit.

Is there anyway of doing this and will i incur any charges etc?

Thanks in advance

clutton_2

when did you last sign a tenancy agreement.. is the deposit in a Deposit Scheme ?

Shonar0612

Hi there I signed it on Feb the 27th. So its a 6 month lease. No I dont think just paid to the estate agents.

clutton_2

if your deposit is in a scheme - and it is up toyou to find out (ASK the agent) - then there are time frames for release of the deposit which cannot be over-ridden....

Shonar0612

I just called and it is not in a deposit scheme. Where will it leave me if I say to keep it I cant pay the last month?

Cannon_Fodder

clutton wrote: »

if your deposit is in a scheme - and it is up toyou to find out (ASK the agent) - then there are time frames for release of the deposit which cannot be over-ridden....

clutton - not sure that's quite right.

Are you not supposed to be informed by the LL, within two weeks or somesuch, with deposit account number etc...?

quick google;
http://www.residentiallandlord.co.uk/depositprotection.html
Since 6 April 2007 it has been compulsory to pay tenant's deposits into one of the protection schemes. This must be done within 14 days of taking the deposit and Landlords must also notify their tenants of the scheme details within 14 days.



Fair enough, if never told they now need to ask, might have been lost in the post...!

Shonar0612

I just checked the estate agents website which says it is held in a tenancy deposit protection scheme. I have never been told anything about it. They just took the deposit and wrote that it was taken on the front of my tenancy pack!

tbs624

Shonar - check with each of the three schemes and get confirmation from them in writing. TDS, DPS and mydeposits. ( assuming property is Eng/Wales, no deposit scheme in place for Scotland)

Do not simply take the EAs word for it.

If the deposit has not been scheme registered, and you have not been given the "prescribed information" , then you can sue for the return of your deposit in full, plus court costs, and a penalty payment of 3x the deposit amount.

If you don't already have your Lls name and address, write to the EA/LA now (keep a copy) requesting the info under s1 of the LL&T Act 1985. They have 21 days from receipt of your request to give you the info or they will be committing a criminal offence. This does not apply once you are an ex-T so do it now. Unfortunately a LL may scheme register the deposit on notification of intended court action and weasel their way out, but at least then you will have the protection of the deposit being in a scheme, albeit late.

If you withhold your last month's rent the LL *can* pursue you to court for rent due under the tenancy agreement and not paid.

Shonar0612

Hi there thanks. I do live in Scotland that is why I haven't had any information! Is it worth them taking me to court tho? As the deposit is the same amount as a months rent and I will actualy be leaving the flat on the 27th and the rent will be paid up to the 1st! So they will be getting 4 days more rent as well. I am not bothered about that money as I just dont want to wait for my deposit I cant pay another without the money its just impossible. I think I will just take the chance and give my notice and say to keep my deposit. I kno the house has no faults other than the one that they were supposed to fix when they came to do the inspection last month. ( ovens gas spark button is broken and has been since we moved in it sparks when the oven is on! )

BitterAndTwisted

Did you sign an inventory when you started this tenancy or was there any other proof of the condition and its contents? If you mess the LL around and not pay the last month's rent you could find that they will try to charge you for all sorts of cleaning and repair of damage in return and could well threaten you with court if you don't pay up. This might not be a risk which you are prepared to take under the circs. Is there any way you could get an overdraft or bank loan for your new property's rent and deposit instead?

Shonar0612

Yea I signed a inventory and also have a copy. No there is no way. I dont work my OH ( ex partner ) are going seperate ways now I have two babies and did not return to work so I cant get any credit. OH cant pay either as he has no spare money and what he does will need to buy cots etc. At the end of the day I keep thinking the kids come first and I kno the flat is in better condition now than when i moved in. I will maybe call them and try explain and see if anything can be done