Landlord not forthcoming with deposit

Empire

Hi

Just looking for a bit of advice regarding getting my deposit back, I'll try and keep things as brief as possible.

I had a 6 month assured short-hold tenancy which expired on 28/11/2012. Since then the property has been let on a rolling monthly basis.

The property is a converted house consisting of a flat downstairs and upstairs, with a communal hallway / front door.

A few weeks ago the ex boyfriend of my downstairs neighbor decided to kick down the front door early in the morning and I had to call 999. I'd also had problems previously with my neighbor downstairs, mostly noise, etc.

Needless to say this was the straw that broke the camels back and I couldn't stay there anymore as it was causing me stress and I didn't feel safe there. I called my landlord on 5th July and said I don't want to live there anymore and I would have my things moved out within a few days. He said this was fine and sympathized saying he would probably give notice to the downstairs neighbor as she was a liability for him. I asked if he needed any of this in writing and he said there was no need.


I sent the landlord a text message on 12th July stating that I've movead all my things out, so he now has the property back. I also asked him about handing over keys and getting my deposit back. He replied saying he was on holiday till 22nd, but would call once back to get keys back and sort money.

Needless to say he didn't call me. I then sent another text on the 24th asking him to arrange a time to collect keys and sort out deposit. He replied saying he would inspect property on 25th and call me to arrange time on the 26th to get keys, etc. Again, he didn't do this.

I sent him a further text message yesterday, which he hasn't replied to.

I know that he hasn't protected the deposit, I've checked all the deposit protection schemes.

I'm now in a predicament though.

Should I just send the keys recorded delivery?

If I have to take him to court could he claim that the tenancy hasn't ended (even though he agreed it could end)?

Also, he might try and claim damages (there aren't any). But I forgot to video the flat before I left as I was in a hurry to leave. I still have the keys, so I could go back there tomorrow to do it. In any case there was no inventory performed by the agent or landlord when I moved in.

What should I do? Any advice would be appreciated.

Thanks.

J_i_m

Seems like little of this has been done in writing, avoid text messages and emails... Get things in writing.

But if he really hasn't protected the deposit then he's onto a hiding to nothing.

Empire

J_i_m wrote: »

Seems like little of this has been done in writing, avoid text messages and emails... Get things in writing.

But if he really hasn't protected the deposit then he's onto a hiding to nothing.

Thanks. I'll send a letter to him today saying something along the lines of 'as per our telephone conversation, we agreed the tenancy ended on the 12th July, please contact me as a matter of urgency to arrange inventory check and hand over keys'.

I'm just thinking if it does goto court and they award me the deposit back + fine becase he didn't protect it, he might counter claim for extra rent due to incorrect notice given, even though he agreed to it verbally.

BitterAndTwisted

You are correct in that the landlord may claim your tenancy hasn't formally ended because you have not returned the keys and that you did not give adequate notice IN WRITING.

Life is full of risks but should he choose not to return your deposit you still have the non-protection ammo in your arsenal, and could use it as an inducement to reconsider his position.

From now on do everything in writing for your own protection.

Come back to this thread if you need any further guidance.

G_M

Every tenancy agreement, by law, must include an address for the landlord "for the serving of notices".

It is there for a reason. If you don't use it, and rely on vague verbal agreements, don't be surprised if later you have problems.

No, the tenancy has not ended (you have the key!). So rent is still due.
No, Notice was not properly served, so rent will be due for the Notice Period (another month at least) (see here).
IF you can prove the LL agreed a specific date for Early Surrender of the tenancy, and IF you complied with it, then rent would not be due from that date.

On theplus side, the failure to protect the depsoit means you can counter-claim for 3 times the deposit, so your best approach is to

* put all this in writing and
* negotiate to reach a mutually beneficial solution.