Issue getting deposit back

mr-bob_2

Hi,

Long time reader, hoping you can offer some advise.

I rented a house for 6 months on a fixed term contract (AST) - and moved out on my last day to a house I have purchased.

I gave the landlord what notice I could, once I got my completion date - didn't want to end up homeless by telling the landlord earlier.

In any case, it is my understanding that no notice is even necessary - and it's the landlords own fault for not asking what it was I was doing sooner.

I stuggled for a month or so to even get the letting agents to do anything about it and had to raise a dispute with my|deposits - it then turned out the landlord wanted the full deposit back due to not giving adequate notice.

I recieved a letter this morning saying they have got the deposit (my|deposits have) but the landlord is refusing the Alternative Dispute Resolution and will wait for a court order in order to relase it.

This has been a massive hassle, and I thought the whole reason for doing this was to protect tenants? It's simple to see I didn't need to give notice - I can't understand why nothing can be done about it outside of court. This has been happening since Jan now.

What is the next step? Is it going to end up costing my money by taking the landlord to court?

Thanks very much in advance!

pmlindyloo

Just to make things absolutely clear (please correct if I get anything wrong)

You are in England/Wales? (Rules for Scotland may be different)

You were in a 6 month fixed term contract and you moved out on the last day of the contract? You gave the landlord as much notice as you could?

The landlord is now refusing to give back your deposit because you did not give them sufficient notice?

As far as I am aware deposits are held for any repair/replacement of anything in the property. Did you sign an inventory? Has the landlord said you owe anything from your deposit as regards cleaning, repairs etc etc?

I do not see how mydeposits are holding on to your deposit when the landlord is taking you to court for compensation for lack of notice (therefore rent owing). They are 2 separate issues.

Are mydeposit aware of this?

In your case I would be ringing Shelter and asking them for advice.

Edit. You are right and you do not have to give notice at the end of a fixed term.

Just out of interest, what did it say about giving notice in your contract?


Edit

According to this: http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deductions_from_tenancy_deposits#5

the landlord can make deductions for unpaid rent from your deposit - sorry, I didnt realise this.

Basically your landlord is saying that because you did not give notice then you owe him rent so he is taking you to court.

I would still give Shelter a ring and check about leaving at the end of your fixed period - they will check that you did everything correctly and tell you how to proceed.

UsetheFORCE

I have an 6 Month AST (from a large letting agent) and one of the clause states:

THAT THE TENANT MUST GIVE ONE MONTHS NOTICE IN WRITING PRIOR TO THE END OF THE TENANCY IF NOT WISHING TO RENEW THE TENANCY.


Assuming that this clause is legal then it would suggest that even on a fixed term that I must give ONE MONTH'S notice PRIOR to the end of the fixed term if I am not going to continue living in the property beyond the 6 month period.

If this is the case then your landlord would surely be entitled to claim a month or part thereof of the rent???

Did your AST have a similar clause in it???

Werdnal

Write a brief and polite letter to the landlord and copy the agent. Title it "Letter Before Action".

Explain that under letting legislation, a tenant can leave at the end of the fixed term, as long as they have paid all rent due and leave/return keys by midnight on that last day, without giving any notice whatsoever.

As you did that, and left the property in a clean and tidy state (I assume this is correct?), then you owe the landlord nothing in financial compensation for damage, cleaning, lost rent or lack of notice that you were not legally bound to provide. Ask them to provide a quote of the relevant legsilation proving you need to give notice in these circumstances (there isn't any that I know of!).

Give them 7 working days to return your deposit, or you will be launching a Moneyclaim online for the return of the deposit amount plus costs.

Moneyclaim is easily done, 10 minutes to complete the form online and costs around £40, which will be added to the final claim value. Court appearance is not usually needed. However, you you will be surprised how quickly a "letter before action" will produce results, so you probably won't get far enough to need to apply for it anyway!

mr-bob_2

pmlindyloo wrote: »

Just to make things absolutely clear (please correct if I get anything wrong)

You are in England/Wales? (Rules for Scotland may be different)
England

You were in a 6 month fixed term contract and you moved out on the last day of the contract? You gave the landlord as much notice as you could?
Correct.

The landlord is now refusing to give back your deposit because you did not give them sufficient notice?
Correct.

As far as I am aware deposits are held for any repair/replacement of anything in the property. Did you sign an inventory? Has the landlord said you owe anything from your deposit as regards cleaning, repairs etc etc?
There was no inventory. No mention of anything owed, no. They wanted the FULL deposit (even though it was more than a months rent, to make up the fact I gave little notice).

I do not see how mydeposits are holding on to your deposit when the landlord is taking you to court for compensation for lack of notice (therefore rent owing). They are 2 separate issues.
I recieved a letter from mydeposits saying they now have the deposit but won't release it without a court order. So I asume it's me that then needs to get a court order?

Are mydeposit aware of this?
Yes. I mentioned all of this countless times and in my actual dispute they advised me to raise.

In your case I would be ringing Shelter and asking them for advice.
Thanks. I'll ring mydeposits first and explain the situation again, and if there is no luck, I will go down that route.

Edit. You are right and you do not have to give notice at the end of a fixed term.

Just out of interest, what did it say about giving notice in your contract?
It didn't mention anything about giving notice at the end of the contract.

I have answered the questions above. Thanks.

Werdnal

UsetheFORCE wrote: »

I have an 6 Month AST (from a large letting agent) and one of the clause states:

THAT THE TENANT MUST GIVE ONE MONTHS NOTICE IN WRITING PRIOR TO THE END OF THE TENANCY IF NOT WISHING TO RENEW THE TENANCY.


Assuming that this clause is legal then it would suggest that even on a fixed term that I must give ONE MONTH'S notice PRIOR to the end of the fixed term if I am not going to continue living in the property beyond the 6 month period.

If this is the case then your landlord would surely be entitled to claim a month or part thereof of the rent???

Did your AST have a similar clause in it???

Anything can be written in a tenancy agreement - Its whether its legally enforecable that counts. You find the legislation to prove that a tenant MUST give notice if they leave at end of FT and I will eat my hat.

mr-bob_2

UsetheFORCE wrote: »

I have an 6 Month AST (from a large letting agent) and one of the clause states:

THAT THE TENANT MUST GIVE ONE MONTHS NOTICE IN WRITING PRIOR TO THE END OF THE TENANCY IF NOT WISHING TO RENEW THE TENANCY.


Assuming that this clause is legal then it would suggest that even on a fixed term that I must give ONE MONTH'S notice PRIOR to the end of the fixed term if I am not going to continue living in the property beyond the 6 month period.

If this is the case then your landlord would surely be entitled to claim a month or part thereof of the rent???

Did your AST have a similar clause in it???

Nope - only when wanting to surrender it early. And that I have to permit viewings during the last two months of tenancy.

Werdnal

mr-bob wrote: »

And that I have to permit viewings during the last two months of tenancy.

And even that is not enforceable without a court order if tenant chooses to refuse!

UsetheFORCE

Werdnal wrote: »

Anything can be written in a tenancy agreement - Its whether its legally enforecable that counts. You find the legislation to prove that a tenant MUST give notice if they leave at end of FT and I will eat my hat.

I wrote 'assuming' it was legal.

If the law says neither YES or NO then surely terms within the AST will come into force as BOTH parties are signatories to it!

I will now look at the law regarding it!

pmlindyloo

Werdnal wrote: »

Anything can be written in a tenancy agreement - Its whether its legally enforecable that counts. You find the legislation to prove that a tenant MUST give notice if they leave at end of FT and I will eat my hat.

Although I have no wish to see you eat your hat this particular area has always been somewhat unclear to me.

For instance, Shelter refers to looking at your tenancy agreement and so does gov.uk here;

https://www.gov.uk/private-renting-tenancy-agreements/how-to-end-your-tenancy

Perhaps it might help the OP to have the link to the legislation which says that you can leave at the end of the fixed term with no notice.

I have looked and can't find it (probably googling the wrong words)

mr-bob_2

I've just rang my|deposits and they've said it is now up to the landlord to go through the courts to obtain the money back.

If that doesn't happen within 6 months then I'll get the full deposit back.

This to me just seems like the landlord is doing it to be awkward and cause me to miss out on it for a further 6 months.

Anyone any advice on what I can do to try stop that from happening? The letting agent has been completely useless throughout.