moving out..telling tenants the truth / deposit / moving dates? HELP?

dizziblonde

If you've got the place to move onto and you can afford to risk your deposit potentially - speak up.

Otherwise how you answer questions can point someone to read between the lines quite heavily. We've had this moral dilemma ourselves recently with whether we did a total no-holds barred tell-all on numpty no-repairs-landlord. In our case it was enlivened by the fact we'll still have to live in the same street as the new tenants!

oldestgnome

Be honest with people but tactfully! I have been in this same situation and I just said things carefully but truthfully, this was fair on all concerned. Finding a property is hard enough without people hiding important information :-)

bryanb

natandchris10 wrote: »

the deposit isnt in any scheme which worries me.

Why worry? you are in a position to claim 3x the deposit

natandchris10

bryanb wrote: »

Why worry? you are in a position to claim 3x the deposit

Elaborate please? 3x deposit?

Yorkie1

If the deposit is not registered, there is the potential for the court to award the tenant 3x the deposit as a penalty. However, it's discretionary and the LL can avoid it by registering the deposit up to the date of the court hearing, so don't get too many hopes up.

In your position I'd be asking the LL in writing to confirm which deposit scheme it is registered with and not getting any more complicated than that. Has he given any indication that he might seek to withhold some of the deposit for any reason?

skint-student-nurse

Any deposits since April 2007 obtained by landlords or letting agencies from a tenant HAS to go into one of the three government approved deposit schemes within 14 days of it being received and you have to have a copy of the proof of it being paid into one of the said schemes. If it is not done so within 14 days or you do not receive proof of it going into a scheme you can apply for compensation for 3x of your original deposit for that property. I claimed against my last landlord who failed to pay my deposit into a scheme (paid in feb,got protected in november...!) I did get 3x the deposit back but it did take time to do so.

Please read:
http://www.direct.gov.uk/en/HomeAndCommunity/Privaterenting/Problemsanddisputes/DG_189243

which should clarify things further

BitterAndTwisted

Putting the deposit into one of the three approved schemes is a legal necessity, not an optional choice. Some tenants who have had their deposits withheld and have gone to the Small Claims Court have asked the court to award the 3x deposit as a penalty and some have been awarded it. It's not guaranteed, especially since a recent High Court ruling but it's always a handy threat to bandy about to an inexperienced and recalcitrant landlord.

natandchris10

Yorkie1 wrote: »

If the deposit is not registered, there is the potential for the court to award the tenant 3x the deposit as a penalty. However, it's discretionary and the LL can avoid it by registering the deposit up to the date of the court hearing, so don't get too many hopes up.

In your position I'd be asking the LL in writing to confirm which deposit scheme it is registered with and not getting any more complicated than that. Has he given any indication that he might seek to withhold some of the deposit for any reason?

Nope no reasons, i just thought if we were to say to anyone coming to look around about the issues if he would see to with-hold the deposit due to us 'putting them off' kind of thing.

What also concerns me is the fact he is out of the country untill the 13th january, we want to move on the 15th. we need our deposit back to move out.

G_M

Only in England and Wales. No deposit schemes in Scotland. Not sure the OP has specified where they are.

natandchris10

were in the UK. Peterborough to be exact

okay,

i think i have some ammunition, so he can be fined if the deposit is not in a scheme, and he can also be fined for not having the EPC, is this correct?

he was quick to tell us to find somewhere else when we made complaints about the heating and the breezyness of the house, so i have a feeling he is going to try and be awkward with us.

officially our notice runs out on the 22nd january, however because we are so fed up (and he is i presume also fed up) we have asked him to allow us to leave on the 15th January which is when out rent is paid upto as of now. we want to avoid owing him rent and just have done with it. unsure how it will pan out just yet.

its all going to be so rushed, his "help" is effing useless and just twists my words back to the landlord.

he has !!!!!!ed off abroad and is not contactable untill 9th january, so weve given notice in his absence (sp?)..he comes back into the UK on the 13th Jan, god no's whats going to happen

i just want to leave!

any ideas or suggestions?