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deposit and rent in advance problems

HI ALL, I RECENTLY MOVED OUT OF A PROPERTY AFTER RECIEVING A NOTICE TO QUIT AFTER LL DIDNT PAY MORTGAGE AND SOLD HOUSE.

I MOVED 3 DAYS AFTER NOTICE ENDED BUT AGGREED TO PAY EXTRA 3 DAYS RENT.

I SPOKE TO AGENT PREVIOUS TO THIS AND STATED I WAS FINDING IT DIFFICULT TO SEEK ACCOMADATION AS I COULDNT RAISE RENT IN ADVANCE/DEPOSIT. THE AGENT ASSURED ME I WOULD BE GETTING RENT IN ADVANCE BACK STRAIGHT AWAY THEN DEPOSIT BACK 10 DAYS LATER.

TOTAL £795.00 DEPOSIT
£795 MONTH IN ADVANCE

I NOW RECIEVE LETTER SAYING I WILL RECIEVE £600 DEPOSIT AFTER DEDUCTIONS FOR MINOR THINGS
WHICH I WILL BE DISPUTING.

MY QUESTION IS HOW DO I CLAIM RENT IN ADVANCE?

ALSO LL LIVES IN ANOTHER COUNTRY AND HAS SOLD PROPERTY.
AGENTS ARE ONES I ALWAYS WENT THROUGH
NEVER SAW LL EVER
RENTED PROPERTY FOR 1 YR.

MY RENT WAS PAID TO DATE I MOVED OUT.

NO ARREAS

THANKS:confused:
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Comments

  • Loubee_2
    Loubee_2 Posts: 327 Forumite
    the rent in advance would have been the rent for the first month that you lived in the house, I assume (that's what usually happens-you pay the deposit and first month's rent up front). So you don't get it back, only the deposit you paid (after deductions).
  • sultry33
    sultry33 Posts: 86 Forumite
    no my rent is paid by housing benefit as im a carer, so it was paid by them and up to date i moved out.

    i didnt realise id get it back but agent reminded me, but now there is no mention of it......

    thanks
  • If HB covered the full rent, and was paid by them from moving in date to vacating date, and you paid the first month's rent from your own funds, then there will be some rent to come back to you. But HB pays four weeks in arrears so their final payment to you/the agent won't be for around four weeks after you move out. Has it been this long yet?

    The other point is that HB rarely covers the full rent. DO you know for certain that the HB covered the full rent?
  • sultry33
    sultry33 Posts: 86 Forumite
    thanks, no hb only payed some and i payed the rest, but was no arreas.
    so do you think i get it back when it clears from hb?

    just no mention of it in letter from agent.

    moved out nov 18th, hb pays 2nd of month

    so would be due now.
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    Id give shelter a ring to be honest or does your carers assoication have a welfare rights worker who can deal with it.,

    My understanding is you ARE entitled to that money back
    did you get a reciupt for the rent upfront?
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    sultry33 wrote:
    ALSO LL LIVES IN ANOTHER COUNTRY AND HAS SOLD PROPERTY.
    This usually means if solely resident abroad/foreign national that you can't pursue and enforce small claims against them, and pursuing them could be very expensive. One of the national newspapers had a case covered regarding a scandanavian landlord recently and there was little they could do.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    if you paid the first months rent in advance yourself, and HB paid for your rent (less topup which you paid) - then the LA has been paid twice for the first 4 weeks. Wait and see what happens with the final HB payment - ring up your local HB office and ask them what date they are paying up to - then at least you will know the situation.
  • lynzpower
    lynzpower Posts: 25,311 Forumite
    10,000 Posts Combo Breaker
    This usually means if solely resident abroad/foreign national that you can't pursue and enforce small claims against them, and pursuing them could be very expensive. One of the national newspapers had a case covered regarding a scandanavian landlord recently and there was little they could do.
    barnaby and others
    would there be recourse from the letting agent?
    :beer: Well aint funny how its the little things in life that mean the most? Not where you live, the car you drive or the price tag on your clothes.
    Theres no dollar sign on piece of mind
    This Ive come to know...
    So if you agree have a drink with me, raise your glasses for a toast :beer:
  • As you would have paid your first months rent in advance and HB pays in 4 weekly arrears, you will probably find that you will still receive another months HB even though you no longer live there. You should also receive benefit for the extra 3 days although this may carry over to the month after. When you rent privately, you do not usually get your 'months rent in advance' back because you usually give a months notice to quit which then uses up that payment. Was your rent being paid to you or your Landlord?
    Thanks to everyone who posts comps, I love winning prizes big and small
    :A:A:A:A:A:A:A:A
  • sultry33
    sultry33 Posts: 86 Forumite
    HI JUST TO UPDATE YOU ALL, I RECIEVED CHEQUE FOR £600

    APPARENTLY THIS IS WHATS LEFT FROM £789 DEPOSIT

    AFTER THEY CLAIMED FOR MOVING 3 ODD SHOES IN TOP OF CUPBOARD, MONEY CHARGED BECAUSE APPARENTLY CONTRACTORS CALLED TO DO WORK AND I WASNT IN.. A LIE BECAUSE I WAS!

    £40 TO PUT NEW BARREL ON BEDROOM DOOR LOCK.

    JUST MINOR THINGS BUT APPARENTLY THEY ARE ONLY CHARGING ME £100 SO THEY SAY :confused:

    IM NO MATHS TEACHER BUT I CAN SEE MORE THAN £100 DEDUCTIONS

    THE RENT IN ADVANCE.... WELL APPARENTLY COUNCIL DIDNT PAY FOR 8 WEEKS AT START.. BUT SEEMS THEY JUST PAID MONTHLY AMOUNT.. NO BACKDATE?

    ALSO I ASKED FOR HB TO BE REASSED THEY THEN APPARENTLY FROM JAN REDUCED IT:confused:

    HOWEVER AGENT DID NOT TELL ME! FIND THAT HARD TO BELEVE IN BOTH.. ESPICALLY AS IT MEANT MY TOP UP PAYMENTS WERE SHORT OF £21 MONTH FROM JAN.

    I HAVE BANKED CHEQUE, CONACTED COUNCIL FOR MY RENT STATEMENTS

    AND CONFIMATION.

    SO NOW DONT KNOW TIL I RECIEVE REPLY FROM COUNCIL.:confused:

    IM NOT GIVING UP ON IT THOUGH, ESPICALLY AS FOR OVER A YEAR WE LIVED WITH DAMP IN BATHROOMS.. OF WHICH THE AGENT SAYS NOW WHAT DAMP..

    HAD 4 BEDROOM TOWN HOUSE, 2 BATHROOMS.

    1 BATHROOM <<< NO USE OF BATH AS TAPS BROKE. TIOLET OVERFLOW RAN CONSTANTLY AS DID SINK TAPS!
    2ND BATHROOM FLOOR WAS ROTTING SO TIOLET WAS SINKING<<
    THEN CONTRACTORS CALLED DISABLED TIOLET.

    SO OUT OF 3 TIOLETS ONLY 1 WAS USEABLE.

    HAD NUMEROUS VISITS FROM CONTRACTORS ABOUT BATHROOMS AS IT WAS INSURED SO NEEDED BEST QUOTE.

    STILL WASNT DONE WHEN WE MOVED OUT.

    HAD TO HAVE ONE BATHROOM CEILING TAKEN AWAY AS IT HAD MINOR ASBESTOS, SO THEN BEAMS WERE EXPOSED AND WERE ROTTEN. SHOWER DRIPPED,

    SO IM SHOCKED AT THEM SAYING WHAT DAMP.

    TEMPTED TO CALL CONTRACTORS TO SEE IF THEY GVE ME STATEMENT CONFIRMING DAMP.

    ALSO LL HAS GO TO COURT IN JAN AS MORTGAGE COMPANY SEEKING REPOSSION.

    THEY DID NOT KNOW SHE WAS RENTING IT OUT.

    THANKS FOR ADVICE EVERYONE:D
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