Deposit and Notice

samps1973

Hi,

I am buying a property which completes on the 23/5 and my rent is paid up until the 3/6 as I pay a month in advance.

I moved into the property 9 years ago. When I moved in I gave a months rent and a deposit and I received a tenancy which I think lasted a year. The tenancy was renewed for the first few years but then my landlady didn't continue to give me a contract.

I want to deal with and be fair about things, as long as it's fair both ways.

The buying a property has taken about 10 months and I told my landlord back then that I was looking for a place, she said thanks for letting me know and since then has been quite nice.

I think that she was hoping for things to fall through with me purchasing the new property but now that exchange and completion are on monday she is getting a bit snotty about things. 

I painted the flat about a year ago but the living area could do with a lick of paint which I'm happy to do as there are a few marks.

My landlady said when I moved in that the carpet was 12 years old however it was in very good condition as the flat used to be a spare room. A part of the carpet has been damaged recently as a radiator leaked and the drip tray perished on a small fridge freezer which also damaged the carpet with water. The damaged part is about a quarter of the size of a double bed. She said shed get that fixed when i move.

She said today that she can get a decorator in to paint the flat and take it out of my deposit and she then said oh I got a quote for a wooden floor and it will cost about £1200 I just thought I'd let you know that. The room is about 14ft by 14ft and is a very small studio flat with an ensuite and is shaped like a triangle tent.

Although she Is a very wealthy person she is extremely tight. She has a small box in her garage where she collects bits of metal she finds and once a year she'll take it to the scrappy and get £2-£3
The house is worth £2m and I live on top of her double garage.

My aim was to repaint the main living area and pay for the carpet to be cleaned which I think is fair. Considering I've lived here for 9 years the carpet is in a fair condition considering I do all my living including cooking in one room. Her husband has a carpet cleaning business and she said shed take it out of the deposit when I leave but since then mentioned the expensive wooden flooring.

I was also going to give a months notice and pay the £650 rent.

My main questions is if I dont have a contract do i have to give a months notice? Also can she take what she likes from the deposit 

My thoughts are if she wont pay my deposit back then why should i give her notice, if i dont pay the months notice that's kind of like keeping my deposit.

Like i said i want to do things properly but she has started getting really funny about things.

I knew i was going to have some trouble as i know what she is like with money for minor things.

Any thoughts on this?

And also is there anywhere online I can find out about this. I've had a look but can't find anything.

Thanks

canaldumidi

samps1973 said:

....
I was also going to give a months notice and pay the £650 rent.

My main questions is if I dont have a contract do i have to give a months notice? Also can she take what she likes from the deposit

Of course you have a contract. You pay rent and receive a home. You have a Periodic (rolling) AST

Yes you have to give notice.

She can try to deduct what she wants from the deposit. You can disagree. If you cannot agree between you, the deposit scheme arbitration service will decide what is reasonable.

My thoughts are if she wont pay my deposit back then why should i give her notice, if i dont pay the months notice that's kind of like keeping my deposit.

If you don't serve notice, your tenancy will not end and you will continue to owe rent.

Like i said i want to do things properly but she has started getting really funny about things.

So serve proper notice, but not till you have Exchanged contracts on your purchase. Make sure your notice is correct - see link below.
I knew i was going to have some trouble as i know what she is like with money for minor things.

Until she tells you what deductions she is making, and breaks down the costs, you do not know. Trouble? That is why the government introduced deposit schemes.

And also is there anywhere online I can find out about this. I've had a look but can't find anything.

Read

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?

samps1973

@canaldumidi

Thank you for taking the time to reply.

At least I know where I stand now.

The deposit isnt registered, I gave the deposit over with a months rent and that was it and have payed before the 3rd of each month since.

When I give the months notice will it be a month from the date I give the notice on the 23/5 or is it a month from the date I moved in, payed the deposit and rent and also signed the 1st contract which was the 3rd.

It just seems strange that i had to sign a contract every year for a few years and i havent signed one since. Will my terms and conditions be taken from the last contract i signed about 6 years ago even though it was a 12 month short hold tenancy? I'll try and dig it out.



Thanks

Slithery

samps1973 said:

When I give the months notice will it be a month from the date I give the notice on the 23/5 or is it a month from the date I moved in, payed the deposit and rent and also signed the 1st contract which was the 3rd.

Did you actually read the links that canaldumidi posted as they explain all of this in detail?

samps1973 said:

It just seems strange that i had to sign a contract every year for a few years and i havent signed one since.

Not strange at all as the law covers your exact situation. This is all explained in the above links.

ripplyuk

If this carpet was 12yo when you moved in, and you’ve lived there 9yrs, you shouldn’t pay her anything for it. 21yo carpet is worthless. She can’t claim betterment. 

If she didn’t register your deposit in one of the schemes, you can take her to court for up to 3x the value. 

genericn17

ripplyuk said:

If this carpet was 12yo when you moved in, and you’ve lived there 9yrs, you shouldn’t pay her anything for it. 21yo carpet is worthless. She can’t claim betterment. 

If she didn’t register your deposit in one of the schemes, you can take her to court for up to 3x the value. 

Also has she painted or decorated in the nine years you've lived there? If not the I don't see that you'd be required to now, she should expect to have to redecorate after that length of time.

If the deposit isn't in a scheme she'll struggle to claim anything, if it is she'll have to prove that it's fair - taking into account the age of items and expected fair wear and tear over that time.

genericn17

Also, if the damage to the carpet was caused by a leaking radiator/fridge - is that even necessarily your fault? (But as said above, if it's 21 years old she'd struggle to claim anything anyway as it's beyond it's expected lifespan).

canaldumidi

samps1973 said:

@canaldumidi

The deposit isnt registered, I gave the deposit over with a months rent and that was it and have payed before the 3rd of each month since. So she has broken the law and you can claim 3 times the deposit (as well as the deposit itself) as a penalty. Judge will find in your favour.

When I give the months notice will it be a month from the date I give the notice on the 23/5 or is it a month from the date I moved in, payed the deposit and rent and also signed the 1st contract which was the 3rd.

Depends if you have a CPT or a SPT- read the link I gave you, and the last contract you signed.

It just seems strange that i had to sign a contract every year for a few years and i havent signed one since. Not strange - very common. Will my terms and conditions be taken from the last contract i signed about 6 years ago even though it was a 12 month short hold tenancy? Yes

Please read the links I gave you. All answered there.

mobileron

Dont forget to take lots of photos the day u move out.

sammyjammy

You could just inform her of the law and then tell her you'll walk away if she waives your notice and pays your deposit back in full.

pinkshoes

samps1973 said:

@canaldumidi

Thank you for taking the time to reply.

At least I know where I stand now.

The deposit isnt registered, I gave the deposit over with a months rent and that was it and have payed before the 3rd of each month since.

When I give the months notice will it be a month from the date I give the notice on the 23/5 or is it a month from the date I moved in, payed the deposit and rent and also signed the 1st contract which was the 3rd.

It just seems strange that i had to sign a contract every year for a few years and i havent signed one since. Will my terms and conditions be taken from the last contract i signed about 6 years ago even though it was a 12 month short hold tenancy? I'll try and dig it out.



Thanks

This is VERY straight forward.

Dear Landlady.

I am giving you my 1 months notice to end my tenancy. This will end of XXX date in line with the my rent. 

Please return my deposit IN FULL as soon as possible, and no more than 14 days after the end of the tenancy.

Kind regards

SAMPS1973.

If she doesn't return the deposit, then write again informing her that she failed in her legal duty to protect your deposit, so if she does not return it in full within 14 days, you will take her to court for three times the deposit, as you are entitled by law to do. 

You can add that last bit to your initial letter if you wanted.