Renters-Do we have a right to our deposit back?

graceplant

Ok, all fair points, thanks guys. In response to the question about a check in inventory, there was none. 

HampshireH

I find the number of posts on here where people have just upped and left without paying the rent they are contractually obliged to pay ( & want the deposit back) quite disappointing. Morally questionable to say the least.

Lesson to all prospective landlords thats for sure

[Deleted User]

HampshireH said:

I find the number of posts on here where people have just upped and left without paying the rent they are contractually obliged to pay ( & want the deposit back) quite disappointing. Morally questionable to say the least.

Lesson to all prospective landlords thats for sure

I've been thinking the same. If I was to not pay my rent (where able), I would feel like a thief. I'm concerned for tenants about how ignorant (we) seem to be. (OP has acknowledged the responses, fair enough). 

macman

If it's a self-contained dwelling unit, then the occupier is liable for CT-not the LL. So you will be liable for 4 months if/when that comes to light. So, tempted as you might be to dob in the LL to the LA, it might not be in your interest to do so.
But, seriously, one of your gripes is that it was 'extremely small'? Presumably it was the same size as when your parents viewed it for you...and the coin meter did not magically appear after the event either. How do you possibly think that is a factor that would allow you to break your contract?
Absence of any inventory is a huge bonus for you, as the LL has no chance of claiming for breakages or missing items.

graceplant

"But, seriously, one of your gripes is that it was 'extremely small'? Presumably it was the same size as when your parents viewed it for you...and the coin meter did not magically appear after the event either. How do you possibly think that is a factor that would allow you to break your contract?"
I mention the size only to illustrate the point that we had to get out before lockdown. It wouldn't have been a healthy situation for us to stay in, so we had no choice but to leave. Yes, of course the coin meter was there at the time of the original viewing, but it only transpired that it was an absolute rip off after we started living there. It was an extremely expensive coin meter that we suspect was rigged so the landlord could make a little extra cash from his tenants. We asked who the energy provider was several times and he refused to tell us. We highlighted other problems with the flat during our tenancy and nothing was done to fix them and improve the living conditions. 
Anyway, it's all irrelevant now. You may feel it's morally wrong for us to leave mid contract, but it's also morally wrong to have people living in such conditions and to be making money from peoples electricity payments, dodging council tax and charging an obscene amount for a flat in an unlivable condition. It's certainly not the first time his tenants have left early, and it wont be the last as long as he continues to operate in the same way. 
Thanks for your replies

greatcrested

graceplant said:

...... You may feel it's morally wrong for us to leave mid contract, but it's also morally wrong to have people living in such conditions and to be making money from peoples electricity payments, dodging council tax and charging an obscene amount for a flat in an unlivable condition.....

I think most of the responses have been pointing out that it's legally wrong, not morally wrong. You originally asked:

My question is, do we have any legal right to our deposit back, or did we forgo that when we broke the contract by leaving early?

and that is what the responses have told you.

You may well have a moral point, but that is another matter.

SuperHan

graceplant said:

But it's also morally wrong to have people living in such conditions and to be making money from peoples electricity payments, dodging council tax and charging an obscene amount for a flat in an unlivable condition. It's certainly not the first time his tenants have left early, and it wont be the last as long as he continues to operate in the same way. 
Thanks for your replies

You suspect he was making money from electricity - but that's not morally wrong. Every energy company does it, it's the basis of their company. Rigging a meter wouldn't be an easy task, but agree suspicious he wouldn't tell you the energy provider (and that may be legally wrong). 
And the dodging council tax - were you getting endless letters from the council to your property? If not, someone must have been paying it. 
You said it was fairly cheap - so also not an obscene amount. 
If it was unliveable, why did your parents not tell you that after viewing it? 

Your morals may be different to others,  and you're obviously comfortable that breaking the contract was the right thing for you to do. Others wouldn't feel the same, and they can say that... (I personally wouldn't have entered into a contract for a place like that, and if my parents were unable to judge that I would have sent someone else for the viewing)... 

[Deleted User]

SuperHan said:

graceplant said:

But it's also morally wrong to have people living in such conditions and to be making money from peoples electricity payments, dodging council tax and charging an obscene amount for a flat in an unlivable condition. It's certainly not the first time his tenants have left early, and it wont be the last as long as he continues to operate in the same way. 
Thanks for your replies

You suspect he was making money from electricity - but that's not morally wrong. Every energy company does it, it's the basis of their company. Rigging a meter wouldn't be an easy task, but agree suspicious he wouldn't tell you the energy provider (and that may be legally wrong). 
And the dodging council tax - were you getting endless letters from the council to your property? If not, someone must have been paying it. 
You said it was fairly cheap - so also not an obscene amount. 
If it was unliveable, why did your parents not tell you that after viewing it? 

Your morals may be different to others,  and you're obviously comfortable that breaking the contract was the right thing for you to do. Others wouldn't feel the same, and they can say that... (I personally wouldn't have entered into a contract for a place like that, and if my parents were unable to judge that I would have sent someone else for the viewing)... 

Generally agree except LL making money from electric/gas could make them liable for a small claim.

Comms69

brett19852010 said:

SuperHan said:

graceplant said:

But it's also morally wrong to have people living in such conditions and to be making money from peoples electricity payments, dodging council tax and charging an obscene amount for a flat in an unlivable condition. It's certainly not the first time his tenants have left early, and it wont be the last as long as he continues to operate in the same way. 
Thanks for your replies

You suspect he was making money from electricity - but that's not morally wrong. Every energy company does it, it's the basis of their company. Rigging a meter wouldn't be an easy task, but agree suspicious he wouldn't tell you the energy provider (and that may be legally wrong). 
And the dodging council tax - were you getting endless letters from the council to your property? If not, someone must have been paying it. 
You said it was fairly cheap - so also not an obscene amount. 
If it was unliveable, why did your parents not tell you that after viewing it? 

Your morals may be different to others,  and you're obviously comfortable that breaking the contract was the right thing for you to do. Others wouldn't feel the same, and they can say that... (I personally wouldn't have entered into a contract for a place like that, and if my parents were unable to judge that I would have sent someone else for the viewing)... 

Generally agree except LL making money from electric/gas could make them liable for a small claim.

Actually it leaves them liable for a criminal conviction i believe too, under resale of utilities laws - but it's so obscure the act and section eludes me at present

baldelectrician

Was the deposit protected?
If not then the landlord may be liable for up to 3 x the cost of the deposit.
Where is the property?
if in Scotland you have more rights and the term of your let is monthly (despite what it says on the paperwork)