landlord doesn't want to give my deposit back

Blackpool_Saver

the new tenants would give you the deposit ????????? !!

You couldn't make this stuff up...........or could you...ahem

squeeks

You should have an address which you can send legal notices to. It doesn't have to be the landlords residence. If you don't have an address you don't pay the rent - you're meant to put it to one side until you do have an address.

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.

It might be easier, but the deposit should be in a government affiliated scheme to protect the deposit, which I don't believe is transferable. If the money isn't protected in a government affiliated deposit protection scheme there are penalties that can be applied (3x the deposit amount if my memory serves me correctly).

You really need to see the CAB (Citizens Advice Bureaux). If your old place wasn't a registered HMO (i.e. three or more tenants forming more than 1 household) moving three tenants in may have inadvertently caused problems for the landlord.

G_M

OK - so many issues here it is difficult..... I'll try!

1) No landlord address. The solution is to not pay rent till you are given one. This is the law. Landlord and Tenant Act 1987 . Too late now though.

2) deposit from new tenants. NEVER exchange deposits between tenants. You give a deposit to your landlord at the start, and when you leave, the landlord returns it.

3) Notice. You have a Periodic Tenancy (month by month).You did not give valid notice, so can be made to pay rent for the period the notice should have been (a month or a bit more) OR till new tenant moves in (landlord cannot take rent from BOTH old and new tenants). In this case, new tenants have moved in on 1st December (I think!) and you moved out on 1st December.

So you should pay rent till 1st December. If you did this, you should get your deposit back.

4) What to do. You say your deposit is with 'mydeposits', so
a) write to LL and ask for your full deposit within 5 days. Use whatever address/sms/email/etc address you have. Use them ALL. Also have a letter in your pocket and if you see the landlord, give it to him personally.

b) contact mydepsoits and make a claim for your full deposit

c) if the landlord refuses, or makes a claim to mydeposits to take your deposit, raise a dispute with mydeposits. Make sure you tell them that new tenants have moved in.
If you can ask the new tenants for a copy of their tenancy agreement, witht the date (Dec 1st) send it to mydeposits to prove they have moved in.

Contact Citizns Advice Bureau for help with the letter and claim. Find your local bureau here

Note: to make your letters easier, please use short sentences, and lots of short paragraphs.

Like this.

It will help us to help you.

It will help when you write to the landlord.

And it will help if you need to write anything for Citizens Advice Bureau, or the deposit scheme.