Deposit

sassy_one

Hi,
Some of you may already know the issues that some relatives of mine have had regards the landlord.

The matter is still being looked into by various bodies.

I have a further question, if someone could offer some directions.

The deposit was not protected by this landlord, alone with not being registered as per RentSmart regs, and no gas safety certificate along with attempted illegal eviction and false imprisonment. 

The tenants now just want the deposit back and to move on.
Questions are, given all the above and its a rolling tenancy, can the tenants demand the deposit back without the standard one month's notice period? 

Thanks 

[Deleted User]

sassy-one said:

Hi,
Some of you may already know the issues that some relatives of mine have had regards the landlord.

The matter is still being looked into by various bodies.

I have a further question, if someone could offer some directions.

The deposit was not protected by this landlord, alone with not being registered as per RentSmart regs, and no gas safety certificate along with attempted illegal eviction and false imprisonment. 

The tenants now just want the deposit back and to move on.
Questions are, given all the above and its a rolling tenancy, can the tenants demand the deposit back without the standard one month's notice period? 

Thanks 

The tenants can demand what they like it doesn't mean the landlord is going to capitulate.  Despite the landlord's atrocious behaviour the rent is still contractually owed as is the correct notice period. IIRC from a previous thread the landlord had supplied an address for the serving of notices in England or Wales although you said it was invalid, not sure if we ever knew what made it invalid. Your relatives could just chance it and stop paying the rent in order to save a deposit as I get the feeling that a Money Claim Online is going to be required to get the deposit back in which case your relatives may as well go for compensation for non-protection of the deposit too but that doesn't help them right now.  Alternatively could you or anyone else lend your relatives the money for a new deposit just to get them out of the current property?

Your relatives might find Rent Smart's "A home in the private rented sector: A guide for tenants in Wales" and the Rent Smart Wales "Tenant Checklist" useful for the next rental property.

greatcrested

The tenancy ends when either

1) the tenant serves proper notice (see below)

2) a court ends it at the request of the landlord, or

3) the landlord and tenant mutually agree to end it.

The deposit should be returned (less any agreed deductions) when the tenancy has ended.

The history in your previous post is only relevant if it helps to pursuade the landlord to agree to 3) above.

Post 3: Deposits: Payment, Protection and Return.

Post 4: 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?