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Dispute with my Deposit
TianE
Posts: 2 Newbie
HI All,
Sorry this will be a long thread. But I do want some advice here.
My AST was due to come to it's fixed term at the end of April. I had discussed with my landlord the options of a new tenancy, he told me that I would be unable to continue on a monthly basis (I now know this is incorrect as my tenancy would have rolled on monthly), he wanted to charge two times rent in the first month if I wanted to take a 6 months tenancy, or take a 12 months tenancy with no additional costs. I was unhappy with the options presented and told him that I would think about this.
Essentially I had told the landlord in the end that I would take a 1 year tenancy, as I couldn't really see any other way around it. In between this time and me actually signing any tenancy agreement, myself and my partner separated, leaving me in a position where I could no longer see it viable for me to continue to tenancy due to costs.
I informed the landlord of this on the same night, asking that I have some additional time into June, preferably a week or so up to the 7th of June, to which he said he would discuss this with his business partner.
Roughly an hour later I receive an e-mail from my other landlord, informing me that my tenancy will now end on the 31/05/2019. I challenged this, saying that I did not ask for that to be the date I move out, but wished to have another additional week, I was told that even extended my tenancy to the 31/05/2019 was a gesture of good will and had it threw back in my face that I had previously agreed to sign a year tenancy, but was no longer able to.
Essentially I told them that they had no right to call it a gesture of good will, when it is my right to stay in the property until such time that I have provided written notice, or that they have provided me with notice in the form of a section 21.
I had also asked my landlord to provide me with the details of where my deposit was registered.
I was told that the tone of my e-mail is unacceptable and was told that my tenancy will now end 30/04/2019 and that my deposit was "safeguarded".
I replied saying they were more than welcome to serve me a section 21 and that telling me my deposit was "safeguarded" was not enough.
After several backwards and forward e-mails of various tones, being called dishonest and saying that I'm using "tactics" which is apparently clearly a indicative pattern of mine, notice was accepted for the 07/06/2019 in writing, by myself.
I probed further into where my deposit was registered, to which they did not provide an answer. After speaking to another landlord he assured me that the deposit was covered within 30 days and I should have received my certificate within this time. The landlord then e-mailed me to say "If I require a further copy of your Deposit Certificate we can, of course, provide this and will send it again in the post".
This morning I got off the phone with My Deposits after finding out that my deposit was not in fact secured until April 20th of this year, 1 day after my initial enquiry into where my deposit was protected.
Anyone have any advice on this? I have full e-mails to back up my case at this point and can happily provide them if needed.
Cheers
Sorry this will be a long thread. But I do want some advice here.
My AST was due to come to it's fixed term at the end of April. I had discussed with my landlord the options of a new tenancy, he told me that I would be unable to continue on a monthly basis (I now know this is incorrect as my tenancy would have rolled on monthly), he wanted to charge two times rent in the first month if I wanted to take a 6 months tenancy, or take a 12 months tenancy with no additional costs. I was unhappy with the options presented and told him that I would think about this.
Essentially I had told the landlord in the end that I would take a 1 year tenancy, as I couldn't really see any other way around it. In between this time and me actually signing any tenancy agreement, myself and my partner separated, leaving me in a position where I could no longer see it viable for me to continue to tenancy due to costs.
I informed the landlord of this on the same night, asking that I have some additional time into June, preferably a week or so up to the 7th of June, to which he said he would discuss this with his business partner.
Roughly an hour later I receive an e-mail from my other landlord, informing me that my tenancy will now end on the 31/05/2019. I challenged this, saying that I did not ask for that to be the date I move out, but wished to have another additional week, I was told that even extended my tenancy to the 31/05/2019 was a gesture of good will and had it threw back in my face that I had previously agreed to sign a year tenancy, but was no longer able to.
Essentially I told them that they had no right to call it a gesture of good will, when it is my right to stay in the property until such time that I have provided written notice, or that they have provided me with notice in the form of a section 21.
I had also asked my landlord to provide me with the details of where my deposit was registered.
I was told that the tone of my e-mail is unacceptable and was told that my tenancy will now end 30/04/2019 and that my deposit was "safeguarded".
I replied saying they were more than welcome to serve me a section 21 and that telling me my deposit was "safeguarded" was not enough.
After several backwards and forward e-mails of various tones, being called dishonest and saying that I'm using "tactics" which is apparently clearly a indicative pattern of mine, notice was accepted for the 07/06/2019 in writing, by myself.
I probed further into where my deposit was registered, to which they did not provide an answer. After speaking to another landlord he assured me that the deposit was covered within 30 days and I should have received my certificate within this time. The landlord then e-mailed me to say "If I require a further copy of your Deposit Certificate we can, of course, provide this and will send it again in the post".
This morning I got off the phone with My Deposits after finding out that my deposit was not in fact secured until April 20th of this year, 1 day after my initial enquiry into where my deposit was protected.
Anyone have any advice on this? I have full e-mails to back up my case at this point and can happily provide them if needed.
Cheers
0
Comments
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In your position I would now do nothing until the agreed move out date.
Then depending on how long it took the landlord to return the full deposit, I would decide whether or not to sue for late registration.0 -
a landlord wanting to start the process of getting their property back must serve two calendar months as notice by way of a section 21 notice in the correct format an email just wont cut it, that's the law.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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I think my main concern here is that if I had not mentioned it to them, I would have been none the wiser. They could have not registered the deposit and therefore I would not have had any dispute resolution at the end when asking for the return of my deposit. Plus the constant lies, for which I have proof.
I honestly feel extremely coerced into trying to re-sign, as well as them trying to force notice on me. It is as if they didn't think I would check my facts before I responded to them. Plus the personal attacks on my character just weren't called for!0 -
See
* Deposits: payment, protection and return
* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?0
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