In a mess totally

cupcake287

We rent privately so no agent to go through, have a rental agreement signed, but our deposit is not in any scheme (not sure if this has any bearing on anything)

I think today they've been in my house but can't really prove it. - Where do i stand legally on this?

I had decided to move when my next rental year was up - next spring, but last month decided i want to bring this forward - feeling uneasy in my own home makes me want to move even more so.

I haven't got my contract to hand, but can I still give a months notice even though i signed for another year?

My deposit isn't in any of the schemes, but i did initially agree to that being okay as i was homeless and just needed somewhere to live...do i have any come back on this if my deposit isn't given back to me?

Werdnal

If your fixed term is still active, you cannot leave unless your LL agrees an early surrender. This usually involves you paying a settlement to them and covering their reletting costs etc. Unless there is a break clause at 6 months, 12 months is 12 months and you are bound to the contract until then.

What makes you think they have accessed the property? If they are taking advantage and entering in your absence, you have a right to change the locks, so long as you replace them when you leave, or give LL a set of the new keys at the end of the tenancy.

By the way, deposit protection is a legal requirement, not something you can agree for the LL to ignore. If they haven't protected it, it doesn't really affect your tenancy, until you leave, as there will be no opportunity for the deposit scheme to work in your favour if there is a dispute. LL may decide to keep the lot, without any reason, and you would have to sue for its return.

cupcake287

They've been in my garden and moved things, which leads me to think they've been in the property too.

I will need to find my contract and see if there is a break clause. as it will be six months this month.

So when they don't give me my deposit back even though i agreed about not putting it in a scheme, i can still go to court over it?

pararct

Was an inventory made listing fixtures. fittings and conditions of when you moved in? This is crucial in the deposit protection scheme as it gives a benchmark when you move out to compare the inventory taken at that time against! Any differences to the detriment of the LL may be grounds for withholding some or all of the deposit.

If was was not taken it would be almost impossible for this LL to legally withhold any monies.

If I was you I would write to the LL immediately and request he place your deposit in one of the recognised schemes. This of course may pre-empt him to issue notice to quit at the end of the tenancy or at the break point if one exists. If he does not register the deposit nor returns it to you it is a relatively simple matter to pursue it through the courts with the penalty being an almost automatic award of up to three times the deposit amount to you.

If he does move to register it now (all very legal) then when you left he would need to compare the inventories to decide whether there were grounds to withhold any.

angelsmomma

cupcake287 wrote: »

They've been in my garden and moved things, which leads me to think they've been in the property too.

I will need to find my contract and see if there is a break clause. as it will be six months this month.

So when they don't give me my deposit back even though i agreed about not putting it in a scheme, i can still go to court over it?

How do you know it was them

cupcake287

angelsmomma wrote: »

How do you know it was them

They have left a notice on the front of the property - which means i know there where here today and have mentioned they were not happy with the state of the garden



I've found my contract, and it doesn't state anywhere about the amount of notice i need to give....what does that mean?

Yorkie1

When did the latest tenancy start and when does it end?

Are you in England / Wales?

cupcake287

England, started in April ends April next year. - this is the 2nd year of the contract.

thegirlintheattic

How long a tenancy did you sign? i.e. standard 6 months or longer.

If you are still within this then you cannot leave until it is up.

If you have gone over this - so on a periodic tenancy you can give notice 1 month ahead.

Sorry OP answered when I was typing. If you have signed a 12 month you cannot leave without a penalty.

cupcake287

Orginially for a year, then we signed for another year- but like i said, nowhere in the contract stats this or anything about notice to given.

cupcake287

oh and yes there was an inventory