No tenancy agreement, can they withhold my deposit?

Comms69

londonrenter2020 said:

greatcrested said:

londonrenter2020 said:

macman said:

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

Just to confirm there is no tenancy agreement hence the confusion on leaving notice. I will be researching STA and if it applies in my case thank you!

So did you all 3 move in together? Was a rent for the whole property agreed?

Or did you all move in separately? And/or agree individual rents (ie for your individual rooms)?

When the other 2 moved out, did you have to pay the full rent for the property (ie their 'shares')? Or continue to pay just for your room (ie the landlord now gets 1/3rd of the rent he was previously getting from the 3 of you)?

Yes all individual renters so not much contact or relation to the other tenants. So when they moved out  their rent etc didn't apply. It did mean that the deposit has been withheld from a scheme as would need to be entered as a unit, because they moved out (if that makes sense)

That isnt true. Each deposit should be registered seperately. 

greatcrested

So you each had separate contracts.

* it's an HMO. You are not renting the entire property with exclusive occupation. The LL can come in to the communal areas whenever he wants

* the LL can move anyone he wants into the other 2 rooms, at any time. He can enter the property to show prospective tenants the room at any time. Only your room is 'yours'.

* your deposit is separate from the other 2 deposits. What happened to their deposi is not your concern

* you consent was not needed for the property sale

* the new LL has 2 months to inform you of his purchase (see link previously)

* your contract has not changed, either by the flatmates' departure, or the sale. Your deposit is unaffected.

theartfullodger

londonrenter2020 said:

macman said:

Was internet access supplied inclusively under your original tenancy agreement? If not, then there is no requirement for it to be included now. If yes, point this out in writing to your new LL and ask him to restore it or reduce your rent in compensation.
You have failed to give proper notice, therefore the LL can claim rent for the period up until your exit date under the STA.
He's not in breach for failing to protect your deposit until 30 days have elapsed.
Your tenancy otherwise continues on the same terms and conditions as before. 

Just to confirm there is no tenancy agreement hence the confusion on leaving notice. I will be researching STA and if it applies in my case thank you!

There is a tenancy agreement - either the original one (on paper) or the verbal one you'd agreed with original landlord.  Both entirely legal, both continue after new owner, but with verbal ones hard to prove what was agreed.