Moving out: landlord stingy

G_M

frugalacademic wrote: »

1) He received a letter from mydeposits that the deposit was not protected anymore
Are you sure the deposit was not re-protected with a different scheme? It does happen. Best to check all schemes just to be sure.

2) Cleaning the whole house: his parts and general cleaning yes, but the LL implies that the house needs to look pristine. So if another housemate leaves, for example, a dirty cabinet then the LL would say that it is my friend's fault. Obviously, a tenant needs to clean but it looks more that the LL is looking for ways to be able to deduct from the deposit. He has shown me some emails with the LL and in every issue, the LL is attacking my friend.
As advised, what matters is the check-in inventory. Use that as the basis for what needs cleaning to what level.

3) Read the contract correctly: He sent his notice the 8th of January to leave the 6th of February. His month normally runs from the 6th of the month. We are talking about two days of difference, not a week or more. Any reasonable person would agree to let the contract end. I think paying an extra week would be acceptable but not a whole month.

The law is very clear regarding the timing of notice (either way). Sure, LLs and tenants can and often do agree different notice periods, but neither side can either demand or expect this to happen.

We'd all rather see/hear of LLs and tenants who abide by the law rather than try to ignore it (as indeed we often hear on this forum), but by all means try to negotiate.

[Deleted User]

Just because you think giving notice on the 8th rather than a couple of days before the 6th (so notice is received before the 6th) is reasonable, the law does not have to agree. If his rental period ends on the 5th (which it does) he has to give notice (arrived at the LL's address preferably) by the 5th. Even the 6th can be viewed as a day too late. His rental periods were 6th of one month to the 5th of the next. Once he goes over to the 6th, he is in the next rental period. Whatever you think is 'reasonable' Reasonable is not automatically law. There was nothing but carelessness/don't care attitude making the tenant act in this haphazard way. If the LL was so 'evil' he should have been even more careful about giving notice. Hopefully he will learn how renting works now.

frugalacademic

With other LL's I never had this situation. Even when I received a section 21 (because the owner wanted to sell the house), the letting agent allowed me to end my tenancy earlier (so I did not pay the last month in full).
But point taken: friend should have been more careful.

FBaby

Ok so the letter was explicit, which would suggest that the deposit was protected in the Insurance Scheme.

Not to clear how this scheme works and whether the LL has then X time to re-protect afterwards. He needs to do some research on this first to be sure that the LL has failed in his legal duties though before he uses this to suggest the LL accepts his notice and not charge him for another month.

FBaby

Still confused because looking at the MyDeposit website, it says that the protection fee covers the full tenancy AND any rolling Statutory Periodic Tenancy, although it adds this is providing the LL informs them of the extension, so maybe the LL failed to do this and that's what prompted the letter, but it doesn't mean that indeed, the deposit wasn't protected any longer.

frugalacademic

So an update on how it finished: in the end, the landlord agreed that my friend did not have to pay the whole month of February. He inspected the house and saw some damages (my friend says that they were there before but ok) and will take it of the deposit. He did not bring up the deposit protection because he wanted to get out and forget about the house. So maybe some £50 in supposed damages, that is a fair deal I think.

agrinnall

£50 is a very good deal compared to having to pay the full extra month that the law would allow the LL to demand.

frugalacademic

Well, turns out the landlord changed his mind. On top of the £40 cleaning/damage costs, he took half of the deposit as the room was still empty. My friend decided not to pursue and move on.

Comms69

frugalacademic wrote: »

Well, turns out the landlord changed his mind. On top of the £40 cleaning/damage costs, he took half of the deposit as the room was still empty. My friend decided not to pursue and move on.

Each to their own I guess, it's free money - he has 6 years to claim.

ViolaLass

frugalacademic wrote: »

Well, turns out the landlord changed his mind. On top of the £40 cleaning/damage costs, he took half of the deposit as the room was still empty. My friend decided not to pursue and move on.

i.e. he didn't find another tenant?

Did your friend not get anything in writing?

Also, you earlier mentioned "What if housemates leave something dirty?" - did only your friend have the contract with the LL or was it a joint contract?

If the former then the housemates have nothing to do with the LL.