moving out rented flat

angeldeelite · 5 December 2006 at 12:17PM

Hi

we've had terrible trouble with neighbours and vandalism in our rented flat that we've decided to move out (3 of us). we're going to give our notice this week to move out mid January.

Issue is, the other 2 don't trust the landlord to give us our deposit back (we never signed a tenancy agreement, it's private) and they said we should jsut say to him use our deposit as the last month's rent. As much as i would like to do that i just don't think it's right and i'm unsure as to how we go about this. He does seem like the kind of guy who would keep most of it even though the flat is better condition now than when we moved in (we put up curtains including rails).

Has anyone been in a similar situation and have any advice? I'm a scaredy cat and don't want to rock the boat! :rotfl:

clutton_2 · 5 December 2006 at 12:36PM

without a written tenancy agreement you have some tenancy rights, but it would be very difficult to get the deposit back without taking him to court - and with no written agreement it would be your word against his. only you can judge the outcome of such a situation.

Why did he not give you an agreement in the first place ? is he an amateur, or is he on the fiddle ?

angeldeelite · 5 December 2006 at 12:59PM

i have no idea but it did also help me to avoid council tax (wrong i know but the others are students and i really could not afford to pay council tax on my own).

i jsut hate making enemies but i don't trust him either. When we moved in, it was on the basis of fully furnished. There was no bedroom furniture so we have to buy drawers and no curtains so we had to put these up. He kept putting it off all the time so we just went ahead with it ourselves. When we leave he'll have the curtains there which is better than it was when we moved in. I'd need that deposit back for the next flat and if we don't get it we're well and truely screwed. If i can keep next months rent for the deposit and let him use the deposit we gave him it would all work out but i don't want to upset anyone. We would give him the notice that this is what we planned, we wont just do a runner.

prudryden · 5 December 2006 at 1:12PM

So, who has been paying the council tax for that property?

Strange - he didn't have a tenancy agreement. Tax fiddle??

Sounds like the bunch of you ought to have a sit down meeting for a meaningful discussion.

angeldeelite · 5 December 2006 at 1:22PM

who knows, we didn't go into it. The two students informed the council that they live there so they are exempt from council tax.

I have no idea on taxes for renting out property but i would imagine he is dodging something as he has dodged paying out for lots of stuff for the flat.

i don't care i just want my deposit back. We havn't broken anything in flat (considering there was only 2 sofas and 2 beds there's not much to break!), no carpets etc. We've only been there 6 months so not much in wear and tear. We put in all lampshades, etc.

Generali · 5 December 2006 at 4:37PM

I used to work for a (slightly dodgy) landlord and his advice to me was never pay the last month's rent.

Tassotti · 5 December 2006 at 4:42PM

Don't withold the last months rent. You could find it becomes messy.

The important thing here is not the AST, it is the inventory. Were you presented with one at the start of the tenancy?

If not, the LL cannot withold any of your deposit money.

Tass

prudryden · 5 December 2006 at 4:43PM

In this case, Generali is probably correct as you do not have a Tenants Agreement which would prevent you from doing that. Clutton will correct me if not correct. But, you might want to talk to the Landlord about it first. You don't want the council people after you for 6 months council tax.

angeldeelite · 5 December 2006 at 4:55PM

yeah, we're going to tell him we're moving out in January and just to use the deposit we gave him at the very start as the last months rent. in fact, he will do better out of it because we are moving on 20th but he would still get a full months rent.
i would never dream of just not paying and not letting him know. regarding council tax, there isn't much he could do cos he can't prove i ever lived there. always paid him in cash so nothing to connect me to renting from him.

I just don't want things to get messy but i also want what i'm due.

Acc72 · 5 December 2006 at 5:37PM

Ok, the main issue here is that you want your deposit back.

Did you pay your deposit in cash ? - did you get a receipt ? If not, then forget about any advice of taking him to court as you will be wasting your own time.

You don't have a tenancy agreement.

You have also paid your rent to him in cash - did you get any receipts?

Your only option is to give your landlord notice and say instead of paying the last months rent, just knock this off the deposit - see what he says.

Let us be realistic, he is not going to take you to court (as he has obviously not declared this income) and he will not inform the local council (as he cannot prove you even lived there !!).

Your only concern is if you think he will turn nasty - if so, then you may be better off paying the rent, losing the deposit and moving on in life - just make sure that in your next place get a tennancy agreement / full inventory / receipts etc.

angeldeelite · 5 December 2006 at 6:08PM

we can't afford to lose the deposit or else we can't move to a new place - this is the deposit for the new place.

My only issue is i don't want there to be any bad blood, so hopefully he is reasonable about using the deposit. There is absolutley nothing in the flat we have damaged but i just wouldnt put it past him to come up with some hairbrained reasons.

thanks all for the advice, next flat there will definitly be an agreement!

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moving out rented flat

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