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    • Firsttimebuyers
    • By Firsttimebuyers 10th Jan 18, 9:49 AM
    • 158Posts
    • 160Thanks
    Firsttimebuyers
    Landlord hasn't protected our Deposit
    • #1
    • 10th Jan 18, 9:49 AM
    Landlord hasn't protected our Deposit 10th Jan 18 at 9:49 AM
    Looking for a bit of advice, we're exchanging imminently on our first house purchase, and need to give notice to our landlord


    We were on a AST which ended March 2017, we were then given a new contract - asked for a break clause to be inserted as we knew we were planning on buying and were told no, if we wanted to break the contract we'd have to give 8 weeks notice. So we didn't send the contract back, knowing that we'd go onto a one month rolling contract.


    Looks like we're exchanging contracts on the house purchase next week (hopefully) so wanting to get our ducks in a row I dug out the rental agreement. It states that our deposit will be held with one of the 3 government backed schemes - I've checked each one using their online search, and none of them have a record of our deposit.


    Where do we stand if our landlord decides to use our deposit to ensure we've given 2 months notice?
Page 1
    • tom9980
    • By tom9980 10th Jan 18, 10:28 AM
    • 1,285 Posts
    • 3,822 Thanks
    tom9980
    • #2
    • 10th Jan 18, 10:28 AM
    • #2
    • 10th Jan 18, 10:28 AM
    Since there is no signed AST you are on a rolling contract and only need to give 1 month notice coinciding with a rental period. We would need exact dates to advise on when you need to give notice.

    You can potentially sue the landlord for 3x the deposit for non protection. The landlord won’t be able to use it to make deductions he will have to return it in full and sue you for any damages instead.
    “In order to change, we must be sick and tired of being sick and tired.”
    • Firsttimebuyers
    • By Firsttimebuyers 10th Jan 18, 10:34 AM
    • 158 Posts
    • 160 Thanks
    Firsttimebuyers
    • #3
    • 10th Jan 18, 10:34 AM
    • #3
    • 10th Jan 18, 10:34 AM
    I'm fine with the notice periods, our rental period starts on the 1st of every month so I know we have to give notice for the full month of February, rather than a date of our choosing


    What I am worried about is getting back the deposit - there's no damage to the property, just wear and tear after living there almost 2 years, but I'm going to take pictures of it anyway after we've left.


    I guess if he decides to be awkward we could sue him, seems extreme but we're already going to be overlapping by pretty much an entire month with rent and mortgage so I'd rather not lose the deposit too.


    Thanks
    • Pixie5740
    • By Pixie5740 10th Jan 18, 10:57 AM
    • 12,180 Posts
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    Pixie5740
    • #4
    • 10th Jan 18, 10:57 AM
    • #4
    • 10th Jan 18, 10:57 AM
    See G_M's Deposits: payment, protection & return.
    • G_M
    • By G_M 10th Jan 18, 11:44 AM
    • 44,423 Posts
    • 52,728 Thanks
    G_M
    • #5
    • 10th Jan 18, 11:44 AM
    • #5
    • 10th Jan 18, 11:44 AM
    80% correct.
    Since there is no signed AST
    yes there is but the fixed term has expired
    you are on a rolling contract and only need to give 1 month notice coinciding with a rental period.
    1) true if it is now a SPT - it may not be.. It could be a CPT. Check the tenancy agreement and read the link Pixie provided
    2) 'rental period' relates to when rent is paid. This is irrelevant. What matters is the 'tenancy period'.

    We would need exact dates to advise on when you need to give notice.

    You can potentially sue the landlord for 3x the deposit for non protection. The landlord won!!!8217;t be able to use it to make deductions he will have to return it in full and sue you for any damages instead.
    Originally posted by tom9980
    Any claim for the 3x penalty is separate from the return of the deposit itself. The LL can still use the deposit for deductions, which would need to be negotiated/agreed, or disputed, in the normal way.
    • ThePants999
    • By ThePants999 10th Jan 18, 12:08 PM
    • 1,165 Posts
    • 1,431 Thanks
    ThePants999
    • #6
    • 10th Jan 18, 12:08 PM
    • #6
    • 10th Jan 18, 12:08 PM
    You're holding all the cards here. You have the right to sue for non-protection, and if your landlord attempts to unreasonably withhold some or all of the deposit, you can sue for its return. If you want maximum financial gain, you can do both. If you want minimum hassle, you can tell your landlord you'll waive your right to sue for non-protection if he returns the deposit in full.
    • Firsttimebuyers
    • By Firsttimebuyers 10th Jan 18, 4:31 PM
    • 158 Posts
    • 160 Thanks
    Firsttimebuyers
    • #7
    • 10th Jan 18, 4:31 PM
    • #7
    • 10th Jan 18, 4:31 PM
    Thanks All.


    ThePants999 - we were of that opinion ourselves. We don't need a reference from him, as we're buying a house, so we're in quite a strong position.


    I don't want to threaten him with that as such straight away, but I think the best way forward is when we give our notice in writing, to ask him to confirm who our deposit is held with, as we've checked online and there is no record of our deposit being registered.
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