Landlord/Deposit problem

hadenoughnow

Can anyone offer some solid advice please, We rented a property with the usual 6 months, the landlord has then decided he wants the house back and after 4 months gave us 2 months notice. We found a new place at the end of our 4months and moved out on the day his 5th months rent was due. My question is how long can he keep our deposit? he says he is getting an independant company in to check the property for damage and will the assess the report and photos that are taken. he has already told me it is dusty inside and needs cleaning (which is now done), then the block driveway needs weeding (done) can he charge for screwholes left by our curtain pole? and if filled can he then charge for painting? he is really dragging his heels, and we need that money, im so angry!!!

N79

Assuming your deposit was protected then the LL should provide you with a schedule of works within approx 2 weeks (the same timescale within which he needs to provide details to the TDS service used about what should happen to the deposit).

The screw holes from your curtain pole are damage and he can charge for filling and painting if he wishes. Cleaning and weeding are also valid deductions.

hadenoughnow

N79 wrote: »

Assuming your deposit was protected then the LL should provide you with a schedule of works within approx 2 weeks (the same timescale within which he needs to provide details to the TDS service used about what should happen to the deposit).

The screw holes from your curtain pole are damage and he can charge for filling and painting if he wishes. Cleaning and weeding are also valid deductions.

The deposit was lodged with a solicitor he says, is that legal?

N79

Not if the tenancy was subject to English law, started after May 2007 and was an AST. Can you confirm these points?

You may be on to a winner, irrespective of the "damage" you have caused.

hadenoughnow

N79 wrote: »

Not if the tenancy was subject to English law, started after May 2007 and was an AST. Can you confirm these points?

You may be on to a winner, irrespective of the "damage" you have caused.

It is an AST and was signed on the 5th feb this year, we live in wales

N79

hadenoughnow wrote: »

It is an AST and was signed on the 5th feb this year, we live in wales

Since Wales is subject to English law your next step is to check if your deposit was protected in one of the deposit protection schemes. Links to the schemes can be found here:

http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

Just phone them up and see if your deposit was protected. They will send you confirmation by post. It is possible that their solicitor protected if for them. It is also possible that they are talking rubbish.

hadenoughnow

N79 wrote: »

Since Wales is subject to English law your next step is to check if your deposit was protected in one of the deposit protection schemes. Links to the schemes can be found here:

http://www.direct.gov.uk/en/TenancyDeposit/DG_066391

Just phone them up and see if your deposit was protected. They will send you confirmation by post. It is possible that their solicitor protected if for them. It is also possible that they are talking rubbish.

The money is held by his solicitor in a client account, and will be withdrawn for me once he is happy with the house, however having spoken to a solicitor i know now that this is against the law, and in any case i am supposed to have written confirmation within x number of days of which scheme the deposit has gone into. So i will use that to threaten court should he refuse to pay, thanks for your advice

N79

Irrelevant to you now I know but the LL's notice is invalid and you are under no obligation, legal or moral, to leave after 6 months.

sharkie

My understanding is that you would get no deposit back, but actually would incur costs.

I thought you can serve a section 21 on any time prior and up to and upto the rent day of the last two months (rent day of month 4) of the lease, as he is just giving you the required legal notice.

So because you moved out early, broke the lease, he is still entitled to his 2 months rent plus damages

vaporate

landlord taking the pi$$ as usual.

Enfieldian

sharkie wrote: »

My understanding is that you would get no deposit back, but actually would incur costs.

I thought you can serve a section 21 on any time prior and up to and upto the rent day of the last two months (rent day of month 4) of the lease, as he is just giving you the required legal notice.

So because you moved out early, broke the lease, he is still entitled to his 2 months rent plus damages

Do you understand that the tenant is entitled to his deposit back and 3x as compensation, as it was not protected, as well?