Deposit Refund for Student House Accom

olly300

Melissa177 wrote: »

I am fairly sure that 14 days is standard. 28 days is far too long. The LL shouldn't "have to get the cash together", he should be holding it in trust so that you all get it back at the end of the tennancy.

In my last tenancy contract it said 28 days. It was a standard AST contract.

And this is why the tenancy deposit schemes came into being as lots of landlords decided taking all or part of a deposit was free money to tide them over for repairs or vacancies which had nothing to do with the previous occupants.

Lady_K

I don't know why theres no mention of the deposit in the tenancy agreement does it mean he could get out of repaying it? He could say it was a non refundable deposit or something could he?

Still not sure exactly what the deposit reciept says though I'll check with my daughter

Eyesparky

When did they move in. If it is a 48 week contract did they really start it at the beginning of August last year. Seems early to me considering term starting in September. Anyway, If they are moving out on 30th June, then the beginning of August is around 1 month. Any longer and I would be concerned. It sounds to me like the landlord is intending to pay the deposits back from the deposits he gets from new tenants.

Lady_K

Thanx

My daughter actually moved in 3 weeks before the others as she was on a placement (student nurse) and had to move out of her previous one, from what I remember that one ran out on July 8th then 3 weeks later the others moved in and the 48 weeks started from there. The landlord added the extra 3 weeks rent onto the normal monthly rent staggered over the 48 weeks rather than her pay seperately for the extra 3 weeks. I'm going to recheck this though coz it sounds a bit out as it should be 51 weeks she was in and 48 of those were for the tenancy but shes paid extra rent per month for the extra 3 weeks

Eyesparky

Just keep an eye on the landlord ... "beginning of August" could easily become mid to late. Cash flow is king in any business and if the landlord has 15 properties he is likely to be playing a balancing act. All this is due to change of course with the introduction of the new deposit scheme ... Once the bureaucracy of government get to manage things who knows how long deposits will take to get back:)

RichyRich

Tell her not to pay the last week/months rent and to tell the landlord to deduct the deposit for that. E.G. if rent = £175 pw don't pay the last weeks, if rent = £200 pw just pay him £25.

That's what I'd do.

Rich

Lady_K

Thanx when she gets it hopefully she will I will post ere how long it took.

I think the weeks were right she moved in on July 8th and the agreement says the starting date for the tenancy agreement is 30th July 06 for 48 weeks that works out to June 30th 07 and he just added the 3 weeks extra rent on top of the monthly payments.

They have been good tenants though and all the bills are completely paid nothing is outstanding unlike bills from the tenants he had last year so I really hope he treats them properly. Hes had no worries about chasing up rent payments as its been dd and considering the crap they have had to endure this year he owes them this last bit of respect to repay the deposit at least within a month of them leaving

Lady_K

RichyRich wrote: »

Tell her not to pay the last week/months rent and to tell the landlord to deduct the deposit for that. E.G. if rent = £175 pw don't pay the last weeks, if rent = £200 pw just pay him £25.

That's what I'd do.

Rich

Yes I had thought of that but unfortunately its already been paid I think last week the last months payment. What if she has no proof the £175 was for a refundable deposit?

I know hes now started advertizing on the uni website so if they have trouble with the refund they could inform them of the problem

Eyesparky

RichyRich wrote: »

Tell her not to pay the last week/months rent and to tell the landlord to deduct the deposit for that. E.G. if rent = £175 pw don't pay the last weeks, if rent = £200 pw just pay him £25.

That's what I'd do.

Rich

The deposit is meant to be to cover any repairs/damages etc. from the actions of the tenants. Withholding rent will usually be in breach of most tenancy agreements and the landlord would be within their rights to put in a claim for non payment of rent. You have to be very careful with this.

RichyRich

Eyesparky wrote: »

The deposit is meant to be to cover any repairs/damages etc. from the actions of the tenants. Withholding rent will usually be in breach of most tenancy agreements and the landlord would be within their rights to put in a claim for non payment of rent. You have to be very careful with this.

But after the tenancy ends the landlord's remedies are purely contractual rather than proprietary. It's generally practically very difficult for landlords to succesfully sue for the last period's rent.

You could counter claim for non repayment of deposit.