My landlord and his obligations............

brainache75

I need some advice on the current situation with my current tenancy and landlord.

I have been a tenant for 8 years, rent always paid, never given him cause for concern. On 16th April 2013 i gave one months notice although my tenancy ends on 10th May 2013.

He has told me he wants longer notice and his wife has been calling me to tell me to make sure my home is 'pretty' for agents to photograph.

However, it has come to light that my deposit is not protected, i had never in the 8 years of being there had a gas safety check or been issued with a gas safety certificate and neither have they done an EPC.

I understand that the deposit protection came into effect in 2007, which is six years ago but each year since 2005 he has requested I sign a new tenancy, which I have. The tenancy agreement is a bog standard copy and mentions nothing about the Deposit Protection Schemes.

I'm really worries i wont get back my £1500 deposit. The house is immaculate.

Basically, does anyone know who i can approach for some help with having this all looked at???

marliepanda

If you are in a fixed term tenancy which ends may10th then you didn't have to give any notice (though its polite to do so )
So he does not need longer notice

After eight years he'll be needing to do a full refurb anyway so he is having a laugh really about it being pretty for photos!

As for your deposit I would send a letter regarding your deposit and how you expect it back in full due to the legislation which has not been followed. If this does not happen with immediate affect then you will be pursuing through the courts for up to 3x your deposit.

This is why landlords get a bad name!

thesaint

Your "one month notice" means nothing. You can't give notice during the fixed term of a tenancy.
If your last tenancy started on the 11th May 2012 for 12 months, then you are liable to pay rent until the 10th May 2013. You can leave on or before that day with no further rent liablity.

If you are still in occupation of the property on the 11th May 2013, then you need to give a written notice to quit.

The deposit is another issue.

jibbyboo

well said Marlie.

Had you been on a rolling contract you would have been required to give 1 month's notice.

If your LL is being difficult, you could also note on the letter you send that you are aware that your deposit has not been protected, and you agree not to notify relevant authorities so long as the LL complies and the full amount is returned to you by X date.

If there is any damage to the property, or it is not cleaned fully, the landlord can legally deduct this from the full amount - having said that, if he/ she didn't store the money in a deposit protection scheme, I'm not sure where they would stand with that.

Also, I would dig out any paperwork you have stating that the money was withdrawn by whatever means you did this. That way you have evidential proof that this amount was given to the LL around the start date of your agreement.