End of Tenancy Requirements, no deposit left?

oistefan

Hi,


My Partner, my daughter and I currently rent a property. We are due to leave the property on 28th of this month. The reason we are leaving is due to a breakdown in the trust between us and the landlord, with us being without a working boiler for 10 days (bearing in mind my daughter is a 1 year old) last month without any support or effort being given by the landlord, we were forced to find alternate shelter until he got it fixed (I had to have 3 days unpaid from my job as a teacher because of this issue). This wasn't the first time and he has always been reluctant to sort any issues we have over our 3 years in the property. We discovered that the letting agency hadn't had us sign any contract on a renewal so we had the right to leave 30 days notice and vacate the property.


When we first rented the property, the agency had a 'deal' where we only had to pay around £300, and then our first months rent rather than paying a deposit (I think this was because the house had been on the market for a while).
With me not leaving a deposit, is there any way in which we can be charged for the condition the house is in? I am getting the carpets steam cleaned and three floorboards which broke are being replaced as I feel that making some sort of effort is needed, however the garden has become quite overgrown and some general wear and tear around the house has occurred. As we haven't left a deposit, we could leave the house in a right state, which I'd rather not do, but can I be chased and charged say for the gardening fees he may have to incur? Or the bill for a few tiles to be changed or a fresh coat of paint to be applied etc.? As I have reported the floorboards and he hasn't done anything about it, is this my problem to fix will the landlord have to deal with it?


Any advice on my rights with regards to not having a deposit would be greatly appreciated.


Thank you.


Stefan.

sammyjammy

Why can't you tidy the garden so its in the state you rented it in originally? Was there an inventory?

oistefan

the garden is HUGE, used to take myself and my partner 2 days of solid graft to get it done, and with the move, work, and the weather it hasn't been possible. With us moving I don't really want to be paying £150 (cheapest quote I've found anywhere to cut my grass) if I don't have to? Also, the weather forecast for Wednesday and Thursday (which will be our moving days) is rain and even snow on Thursday! So, as I have no deposit to claim back from them or the Landlord, would it matter that I cant get it done or am I somehow legally obliged to do it?

Also, there was an inventory, and besides the things we have already reported to the landlord, everything else will be met, but my question was whether I would be responsible to fix it because the Landlord hasn't?

booksurr

yet another thread where we have only one side of the hysterics

the LL can sue you for any costs he cannot recover via deposit deduction IF
a) he can prove the "£300" was not a deposit in disguise
b) he has an inventory at the start showing the condition upon you starting
c) what he claims is related to damage only, not fair wear and tear nor with any element of betterment

whether the LL will just be glad to see the back of you and not waste any time and effort suing you is for him to decide

Guest101

oistefan wrote: »

Hi,


My Partner, my daughter and I currently rent a property. We are due to leave the property on 28th of this month. The reason we are leaving is due to a breakdown in the trust between us and the landlord, with us being without a working boiler for 10 days (bearing in mind my daughter is a 1 year old) last month without any support or effort being given by the landlord, we were forced to find alternate shelter until he got it fixed (I had to have 3 days unpaid from my job as a teacher because of this issue). This wasn't the first time and he has always been reluctant to sort any issues we have over our 3 years in the property. We discovered that the letting agency hadn't had us sign any contract on a renewal so we had the right to leave 30 days notice and vacate the property. - Incorrect, unless your previous contract said so. You need to give one months notice in line with your rental periods. 10 days to repair a boiler is fairly reasonable, what provisions did you ask the landlord to make?


When we first rented the property, the agency had a 'deal' where we only had to pay around £300, and then our first months rent rather than paying a deposit (I think this was because the house had been on the market for a while).
With me not leaving a deposit, is there any way in which we can be charged for the condition the house is in? - ofcourse there is, they can take you to court. I am getting the carpets steam cleaned and three floorboards which broke are being replaced as I feel that making some sort of effort is needed, however the garden has become quite overgrown and some general wear and tear around the house has occurred. As we haven't left a deposit, we could leave the house in a right state, which I'd rather not do, but can I be chased and charged say for the gardening fees he may have to incur? - possibly. Or the bill for a few tiles to be changed or a fresh coat of paint to be applied etc.? - possibly. As I have reported the floorboards and he hasn't done anything about it, is this my problem to fix will the landlord have to deal with it? - depends on why they broke.


Any advice on my rights with regards to not having a deposit would be greatly appreciated.


Thank you.


Stefan.

Lack of deposit changes very little.

oistefan

There isn't any hysterics? The boiler stopped working, Landlord said he would fix it himself, though he is not trained or certified to do so. I asked that he send an insured contractor out, which he refused. He then said I wont be able to have a look for three days, to which he looked and said he would need to book somebody out, and refused to then get it done within the next two days and left it 7 days before sending somebody out. He had the option to send out a contractor through the agency which he turned down ( I know this because they told me). I'm sorry that it may sound 'hysterical' that I was annoyed about the landlord expecting a 1 year old to be okay in a large, draught riddled house for 10 days. And again, I'm not trying to 'get out' of paying to have the things done, I was just asking about my rights. The £300 coved the admin fees for a joint application and credit check and wasn't a deposit. As I said the inventory will be the same I was merely asking the question about whether he could attempt to reclaim any money from me as the grass was a bit longer than it was when we moved in.

Guest101

oistefan wrote: »

There isn't any hysterics? The boiler stopped working, Landlord said he would fix it himself, though he is not trained or certified to do so. I asked that he send an insured contractor out, which he refused. He then said I wont be able to have a look for three days, to which he looked and said he would need to book somebody out, and refused to then get it done within the next two days and left it 7 days before sending somebody out. He had the option to send out a contractor through the agency which he turned down ( I know this because they told me). I'm sorry that it may sound 'hysterical' that I was annoyed about the landlord expecting a 1 year old to be okay in a large, draught riddled house for 10 days. And again, I'm not trying to 'get out' of paying to have the things done, I was just asking about my rights. The £300 coved the admin fees for a joint application and credit check and wasn't a deposit. As I said the inventory will be the same I was merely asking the question about whether he could attempt to reclaim any money from me as the grass was a bit longer than it was when we moved in.

You've ignored the crucial point, was your notice valid?


If not you'll still be liable for rent...

oistefan

The notice I have left was valid yes.

Guest101

oistefan wrote: »

The notice I have left was valid yes.

Ok perhaps im not being clear.


(unless your tenancy says otherwise - you should double check this!)


Simply giving 30 days notice on any given day is not valid notice.


If your tenancy says anything about this, please quote it. If not, and you have a statutory periodic tenancy, it is only valid if you served notice on the 29th of March or earlier AND your rental periods began on the 29th of the month on which you moved in.

oistefan

sorry! No I had to give 30 days from 28th, my rental day is 28th of each month and that's what I was trying to get at sorry for the confusion.

Guest101

oistefan wrote: »

sorry! No I had to give 30 days from 28th, my rental day is 28th of each month and that's what I was trying to get at sorry for the confusion.

Then your tenancy ends on the 27th, not 28th