Can I ask for my deposit back?

dirty_magic

We bought a house last year and we still had 4 months left on our fixed term rental contract. We carried on paying our landlord rent and the council tax on our flat.

Our landlord said we could cancel the rent standing order when she had a new tenant, but she hadn't found one up until January. As our last payment was due in February for the period between mid Feb and March I called and asked if I could cancel the standing order 1 month early and our deposit would pay for the final month.

It now appears that a new tenant has moved in, so they will be paying rent for the last month of our contract.

Can I ask for our deposit back as they've found a new tenant, or is the landlord likely to just say I should have paid up until February anyway? The deposit isn't protected.

G_M

Since the deposit is not protected you can claim 3 times the deposit as penalty.

As for the deposit itself, it depends on:

* exact date tenancy fixed term was due to end
* exact date of monthly payments
* exact wording agreed between LL & tenant
* exact date new tenancy started
* whether any damage/cleaning deductions were due

pyueck

When did you pay the deposit to the landlord? If it is not protected and you have signed a new tenancy agreement since 2010 your landlord is in serious problems.

dirty_magic

I don't want to sue or cause any arguments, she's been a good landlord for the few years we were there.

Fixed term was due to end on the 15th March and our payments went on the 12th of each month paid in advance. I don't know when the tenant moved in yet, I just wondered if I can ask for the deposit back before I speak to her. We didn't leave any damage and we haven't been notified of anything. Nothing has been agreed in writing, we've just spoken on the phone.

happy_bunny_2

Ask for it back, see what they say.

If you get no where, the deposit protection issue may help with negotiations.

dirty_magic

happy_bunny wrote: »

Ask for it back, see what they say.

If you get no where, the deposit protection issue may help with negotiations.

I think this could be the way to go!

G_M

dirty_magic wrote: »

I don't want to sue or cause any arguments, she's been a good landlord for the few years we were there.

Fixed term was due to end on the 15th March and our payments went on the 12th of each month paid in advance. I don't know when the tenant moved in yet, I just wondered if I can ask for the deposit back before I speak to her. We didn't leave any damage and we haven't been notified of anything. Nothing has been agreed in writing, we've just spoken on the phone.

* exact wording agreed between LL & tenant?

(on the phone)

dirty_magic

It was a short conversation, I just said our last payment is due in February but as we haven't had our deposit back can we cancel it and she said yes that's fine. I asked her to contact me if she did find a tenant so I could tell the council someone else had moved in.

G_M

So you agreed to use the deposit to pay the rent.

You did not agree to end the tencnacy early.

dirty_magic

Yes but she said that she'd stop charging us when a new tenant moved in. I think I'm just going to ask and see what she says.

dirty_magic

I asked if we could have it back and she said she'll call back another time but I think she wants to think of a way to say no.

I asked if we could have it back as technically we've paid up until February and the new tenant will be paying for March. She said she's not getting any rent from the tenant this month as it's been taken up by agents fees, but then she said the agents fees are only half of our deposit. I asked if I could have half back and that's when she said she'll call me back.

I don't really understand the law on this and I don't think she does either, so I'm not sure if it's worth trying to get the money back.

At least I should get some council tax back since we've paid up until 31st March!