landlord doesn't want to give my deposit back

honestytenents

I am contacting moneysavingexpert.com, regarding my deposit. We have tried several times to ask our landlord C for our deposit back but he keeps saying that we haven’t given any notice ignoring the proof that the notice was given through SMS and that he received them. The notice was given on the 3rd of November for the whole flat, of which I had also informed Mr. C in September letting him know that we would be moving out on the 1st of December as I would be getting married and moving into my own home and M was going back to her native country. He also informed me in September that if I was to move out beforehand I would have to find people to move in and rent out the flat, which we did as he asked. Before we moved out Mr. C was already dealing with the new tenants, namely Miss P, Mr. M and Miss T who had already moved in on the 1st of December 2012 and were arranging a contract. When Mr. C had made the new contract all that was needed was the signature of the new tenants. The new tenants, who had just moved in organized on many occasions to sign the contract with Mr.C but he never showed up. Even though the new tenants tried to contact him by phone and text message on several occasions he never answered or called back. We have been trying to come to a conclusion with Mr. C but to no avail.
Please I need help the total of my deposit is £1560.00 and I really need my money back.

Kind regards,

squeeks

All notices should really be given in writing.

I am not entirely sure why you were arranging for new tenants!

Normally you would just give your notice in writing (usually one retal period, so if you pay weekly, you can be out in a week, monthly, then out in 1 month.). Once the notice is up approach the deposit protection scheme for the deposit. It can take a month or so to get your money back.

You should have an address for the landlord, start writing letters to Mr. C. stop sending sms or calling... if Mr. C stays un-contactable visit the CAB.

G_M

the notice was given through SMS

This is not valid Notice. Read your Tenancy Agreement - there should be and address "for the serving of notices". That's where you send your letter.

I had also informed Mr. C in September

Again - in writing?

Miss P, Mr. M and Miss T who had already moved in on the 1st of December 2012

In that case the tenancy has ended but possibly without proper notice

The new tenants do not need to sign a contract. If they have moved in, and are paying rent, they are tenants and have a verbal tenancy.

Your tenancy has ended. Your deposit should be returned.

The only question, then, is whether the LL can make deductions from the deposit for rent, since you appear not to have given proper notice before moving out.

Much depends, of course, exactly what was agreed between you and the LL, and how it was agreed.

Also relevant is what kind of tenancy you had: was it a Fixed Term? If so, start date? End date?

Or was it Periodic (monthly or rolling)?

Finally - is your deposit registered in a scheme? Which one?

(and are you in Scotland?)

* once you answer the Qs we can advise better on what you should now do, and what you should say in your next letter.

FireWyrm

Issue a dispute with the relevant deposit protection scheme. Its that simple.

Detail your evidence in writing to them and an arbitrator will make a judgement. However, if the LL has not incurred any cost, the cannot claim the deposit since that money belongs to the Tenant, you. Google how to get your money back via the DPS and go from there.

ValHaller

Just so as we know how muddy the waters are, did any of Miss P, Mr. M and Miss T live in the flat concurrently with you and did you have any involvement in introducing them to the tenancy.

G_M

And also unclear from your post:

1) what date did you move out?

2) who are 'the tenants'? Did you share this property? Was everyone on the same tenancy or did different people have different egreements? Did they all move out oronly some of them?

honestytenents

This is not valid Notice. Read your Tenancy Agreement - there should be and address "for the serving of notices". That's where you send your letter.
Again - in writing?
I have asked him in many occasion for his legal address but he never gave me, also he never send us any letter to enter in the flat he used to go without permission, I have just find out he doesn't have (HMO) I know I gave him a "informal" notice by SMS (which he received) and I didn't realize by then that would be a nightmare, I am foreign I don't know all the laws in England about private LL.
obs In our Tenancy agreement it doesn't say that I have to give him 30 days notice, but as a common sense We did anyway.

In that case the tenancy has ended but possibly without proper notice

The new tenants do not need to sign a contract. If they have moved in, and are paying rent, they are tenants and have a verbal tenancy.

Your tenancy has ended. Your deposit should be returned.

When he asked us to find people to take over of the flat he said that the new tenants would give the deposit and that way would be easy for everyone.

The only question, then, is whether the LL can make deductions from the deposit for rent, since you appear not to have given proper notice before moving out.

Much depends, of course, exactly what was agreed between you and the LL, and how it was agreed.

Also relevant is what kind of tenancy you had: was it a Fixed Term? If so, start date? End date? I did have a contract with a fixed Term From the 1st of April 2011 to 31st of March 2012

Or was it Periodic (monthly or rolling)?

Finally - is your deposit registered in a scheme? Which one? It is with mydeposits

(and are you in Scotland?) no I am in London

* once you answer the Qs we can advise better on what you should now do, and what you should say in your next letter.

honestytenents

G_M wrote: »

And also unclear from your post:

1) what date did you move out?
I left the property on the 3rd of December 2012.I had agreed with the new tenants that my husband and I, would legally leave on the 30th of November 2012, and we would pay the new tenants to stay other 3 days in the property, which was then under the new tenants responsibility.

2) who are 'the tenants'? Did you share this property? Was everyone on the same tenancy or did different people have different egreements? Did they all move out oronly some of them?

No, just my friend that was in the contract with me knew someone that as looking for a flat in that area. We didn't live with any of the new tenents before.

honestytenents

Be honesty with me please . Is that possible I don't get my deposit back? And will this money go to his account?
I am desperate, as I didn't get it back and just got married abroad I don't have money to pay my bills.

ValHaller

honestytenents wrote: »

1) what date did you move out?

I left the property on the 3rd of December 2012.I had agreed with the new tenants that my husband and I, would legally leave on the 30th of November 2012, and we would pay the new tenants to stay other 3 days in the property, which was then under the new tenants responsibility.

2) who are 'the tenants'? Did you share this property? Was everyone on the same tenancy or did different people have different egreements? Did they all move out oronly some of them?

No, they just my friend that was in the contract with me knew someone that as looking for a flat in that area. We didn't live with any of the new tenents before.

Did the landlord have any involvement in giving these new tenants their key?

Because I wonder if in fact you are still the tenant and the new tenants are in fact sub tenants of yours? If this is the case, you still owe rent until the LL accepts them or you can get them kicked out. You may need to collect the rent from them to pay the LL but if they believe Mr C is their LL they will be reluctant to pay you ....

honestytenents

ValHaller wrote: »

Did the landlord have any involvement in giving these new tenants their key?
He was there on the 1st of December he supposed to be there for the key but as always he didn't show up so I open the door and let them in when he finally arrive he just got the rent in cash with the new tenants and as always didn't give a recite he wrote in a piece of paper that he got the money and sign it. He supposed to bring the contract for them that day but he said that he was too busy to do it so they arranged a new day between them

Because I wonder if in fact you are still the tenant and the new tenants are in fact sub tenants of yours? If this is the case, you still owe rent until the LL accepts them or you can get them kicked out. You may need to collect the rent from them to pay the LL but if they believe Mr C is their LL they will be reluctant to pay you ....

I don't understand how it is possible if I wasn't dealing with him or her they were talking between them not with me.