Deposit -Time scale

omega3dave

hi

i am vacating shared house, landlord has 1x months deposit, is there any legislation , guide lines for how long the landlord can take before returning deposit,

?

thanks

BitterAndTwisted

This shared house: what sort of tenancy was it?

Have you written to the landlord asking them to return your deposit, assuming they aren't seeking to make any deductions from it for dirt or damage?

Werdnal

When you say "Shared house" were you a lodger or a tenant?

If you were a tenant the deposit should be protected in a scheme - not actually held by your LL. You should have been given details of the scheme the LL used. LL will have to apply to the scheme to release your deposit and account for any damage/repairs he wishes to claim. You can then challenge this if you do not agree, and the scheme will arbitrate on the claim.

If you were a lodger, there is no need for deposit to be protected, and you will have to negotiate with your LL yourself.

Have you asked for deposit to be returned?

omega3dave

hi

I am a lodger ,


I will be informing of my leave this weekend,

LL has £395 as deposit,

I only have 2 rooms, will leave in top condition,

is just that LL is a real dodgy character, I know LL does not declare incomes on these lets, around £1000 per month,

just a real untrustworthy character,

any tips on how I should word letter of notice, especially wrt to deposit ?

all advice welcome

cheers

gordonbennet

If it was the sort of let covered by a tenancy deposit scheme the LL would have to return the balance within 14 days and give a written account of any deductions made.

As a lodger though there is no rule, but you could point to the scheme as an example of good practice. There is some argument for waiting for 14 days to check there are no unexpected costs like excessive bills or phone usage or fag burns hidden under the bed! But it's difficult to justify much longer.

If he's not forthcoming with the deposit soon you could mention that you will be forced to contact 'the authorities' or even the inland revenue!

omega3dave

emm, that is also what I am concerned, that if LL does not play ball, I will feel like shopping to local authority,

would have to do anonymously though, with previous tenants, when they left, LL starts to try to follow them, see where they gone (for no reason), LL is borderline psychotic , really.

if i had spare £395, I would say shove where sun does not shine, just to get out of there with little communication as possible, but alas i dont, times are harsh at mo,

one of the other reasons i am leaving now is that LL is turning half of house into public gym, so will be a builders yard for months to come and then lots of strangers coming and going 24/7 . (LL has not informed me of these imminent works , just that the garage is full of builders materials and I have heard some of the conversations with LL and 'boyfriend', who is married by the way. )

sorry to repeat question, but any ideas on how i should word leaving letter ?

tbs624

Werdnal wrote: »

When you say "Shared house" were you a lodger or a tenant?

If you were a tenant the deposit should be protected in a scheme - not actually held by your LL.

My bolding. Absolutely right that the deposit should (for post Apr 2007 tenancies) be scheme registered. However, only one of the schemes is custodial and the other two schemes allow the LA/LL to hold the actual funds.

gordonbennett wrote:

If it was the sort of let covered by a tenancy deposit scheme the LL would have to return the balance within 14 days and give a written account of any deductions made.

Ts should always check through their own scheme's Ts and Cs so that they know in advance of move out time exactly how the repayment process *should* operate and when to raise a dispute or seek return via the single claims process.

OP has now declared himself to be a lodger so obviously no deposit scheme reg applies but the fallacy about a LL not holding the deposit monies himself is oft repeated on these boards although s/he still obviously has to use the scheme's rules.

OP - as a lodger just write giving your notice ( for the agreed period): say that you intend to return the rooms in the same condition as when let out to you, save for fair wear and tear, and that you look forward to a prompt return of your deposit. Take very detailed photos on your move out date. Diary to chase the LL up at 10 working days if funds not received and/or no written notifcation of any proposed deductions is sent to you. If no funds forthcoming and/or you don't agree with deduction proposals then you send a "letter before action" telling the LL you'll be proceeding to the small claims court. Good luck.

omega3dave

tbs

write giving your notice ( for the agreed period): say that you intend to return the rooms in the same condition as when let out to you, save for fair wear and tear, and that you look forward to a prompt return of your deposit. Take very detailed photos on your move out date. Diary to chase the LL up at 10 working days if funds not received and/or no written notifcation of any proposed deductions is sent to you. If no funds forthcoming and/or you don't agree with deduction proposals then you send a "letter before action" telling the LL you'll be proceeding to the small claims court.

great advice, thanks. Like the idea of photos before I leave keys.

I did see other advice, saying 'you could walk through ' rooms , agree there and then , before handing over keys.

I not sure, LL not rational enough to even propose this idea, ..

G_M

Dear Mr landlord,

Just a short note to say I shall be I shall moving out on xx/xx/xx. I shall be doing a final clean of the room the day before so perhaps we could meet on the Xth to go through the room and check that you are happy with everything. As I have some large expected bills in the following weeks I trust my deposit will not be unduly delayed.

Can I take this opportunity to thank you for your hospitality over the last X months/years while I have been here.

Yours sincerely

A Lodger

omega3dave

G_M
great format, this leaves no stone unturned,

and I can at least try to finish with LL on reasonable terms, (there are no bad terms at minute, or have been. Is just the total irrational behaviour. Is dealing with personalities, as is case with my situations I guess )

I will draft letter along these lines, leave for LL this Sunday, this gives over one months notice