Deposit advice

Michtaylor09

Hi
Can anyone offer some advice please?
My daughter paid a £500 deposit for a rental property on 13th August with a move in date of 23rd August. She did get a receipt for the deposit but no contract was signed and the private landlord said that the first months rent was to be paid and contract signed on move in date.
On 23rd august, the landlord gave her a set of keys but said she couldnt move in until the end of the month because the previous tennant hadn't finished moving out and had paid to the end of the month.
This was no good for my daughter, so she asked for her deposit back so that she could use it for another property.
The landlord has said that she can have £320 back, but is keeping the rest for costs.
The landlord refuses to say if the deposit has been protected and refuses a breakdown of costs.
I would be grateful if anyone has a template letter we could send to the landlord

Michtaylor09

Sorry for drip feeding
It now appears that the landlord also told her that she could have the house month to month so didn't have to sign a 6 month agreement.
The landlord does not live at the property and has a number of rental properties in the area

G_M

It sounds like the deposit was a holding deposit. This does not need protecting.

The breakdown of costs is irrelevant (likely to be crdeit vetting etc) since the LL has reneged on the terms under which he accepted the deposit.

If the agreement under which the holding deposit was taken was that a tenancy would commece on 23/8/16, and the landlord failed to provide that tenancy, the deposit should be returned in full.

Dear Mr Landlord,

Letter Before Action

I refer to the holding deposit of £500 which I paid on xx/xx/16 (copy of receipt enclosed). The agreement under which this was paid was that a tenancy for [address] would commence on 23rd August.

Although you provided the keys to the property on 23/8/16 as agreed, it was impossible to take up the teancy since the property was not provided with vacant possession. The previous tenants were (and are?) still in occupation.

I therefore requested the return of the £500 deposit. I have received £320, but the remaining £180 is outstanding and you have indicated you do not intend to return it.

If I do not receive £180 within 14 days of this letter, I shall commence legal action.

Yours sincerely,

MichTaylor

Michtaylor09

Thank you for that.
It actually says on the receipt that the £500 was a bond.

G_M

In that case it can only be witheld for things like rent arrears and damage to the property.

Landlord had 30 days from payment 13/8/16 to protect it, so again, not need to protect, though arguably the £180 that is outstanding should be protected by 12th Sept unless returned.

What is the exact wording on the receipt?

Michtaylor09

Exact wording is
Received £500 cash in leau for the bond. (Address of property)

It is then signed and dated by the landlord and my daughter.

The £320 hasnt been returned yet.

G_M

No idea what "in leau" means in this context.

However that does not seem to be a holding deposit.

Dear Mr Landlord,

Letter Before Action

I refer to the bond of £500 which I paid on xx/xx/16 (copy of receipt enclosed). The bond was for a tenancy for [address] which it was agreed would commence on 23rd August.

Although you provided the keys to the property on 23/8/16 as agreed, it was impossible to take up the tenancy since the property was not provided with vacant possession. The previous tenants were (and are?) still in occupation.

The tenancy was therefore never taken up and has not been created. I therefore request the return of the full bond.

If I do not receive £500 within 14 days of this letter, I shall commence legal action.

I would also point out that in the event that the bond is neither returned in full, nor protected in a registered scheme (as required by the Housing Act) by September 13th (30 days from payment), you may incur a penalty of 3 times the deposit for non-protection.

In the event that you retain and protect the bond, as required by the Housing Act, I shall, of course, apply to the scheme for its full return since the tenancy has never been created.

Yours sincerely,

MichTaylor

It might be worth getting some evidence, just in case, of the previous tenants' occupation on and following the 23rd august.

Michtaylor09

Thank you
We have a text message from the landlord trying to change the move in date