How to get back the deposit( appartment) - HotUKDeals
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How to get back the deposit( appartment)

pinacolada Avatar
6y, 10m agoPosted 6 years, 10 months ago
Hi!

I need some advice and help. I'm moving out on the 15th of May. My landlord is not the nicest person I can tell, so I'm a bit concerned about the deposit.
Should I not pay the last rent to be sure I get my money back? How is this usually handled? How long in advance is the notice period before moving out?
I moved in on the 1st of July 2007, but already payed rent from the 16th of June, as the landlord demanded it in order to set up a contract. Would it be justified to only pay til 15th of May rather than the end of the month?

Thanks for any help!
pinacolada Avatar
6y, 10m agoPosted 6 years, 10 months ago
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#1
Isn't deposits meant to be held in some schemes these days,I thought it was some requirement.
#2
The notice period should be in your contract. AFAIK, landlords now are supposed to deposit your deposit somewhere for safe keeping. Provided you have stuck to the T&C of the contract you shouldn't have any problems getting it back.

Some info here. http://www.direct.gov.uk/en/tenancydeposit/dg_066383
banned#3
Just let him use the deposit for the last months rent.

Save the hassle of trying to get it back.
banned#4
They are supposed to use the secure deposit scheme, however if you feel there will be a problem, dont pay rent to the value of your deposit, but still give full notice to your landlord.

That way he keeps your deposit to cover rent and you dont end up out of pocket.


MAKE SURE YOU GIVE PROPER NOTICE TO YOUR LANDLORD THOU, OTHERWISE YOU WILL STILL OWE RENT
#5
wierdowoss
Just let him use the deposit for the last months rent.

Save the hassle of trying to get it back.


Not as simple as that tho, the landlord will want the extra £500 or whatever for the last months rent.

OP, best just ask him. He may be ok. Just see what he says.
1 Like #6
Best advice would be to see out your end of the contract properly - i.e. pay him what he's due in rent until the date you move out - that way, if it turns out he does try and sting you for the deposit, you will have fulfilled your end of the bargain and can take the matter to small claims/report him.

Take pictures of the condition of the property and go through the list of items specified in the property with him - get a signed copy of it and take it with you (if this applies).
banned#7
Of course its simple.

How the hell is the landlord going know where you're going.

Hes got his last months rent in effect, so who would he care ?
banned 1 Like #8
take a series of photographs on the day you leave documenting the condition of decoration / kitchen / any furniture / toilet area , include in the photos a copy of that days newspaper as proof of when they were taken. do not tell him you have taken these as this will be your insurance should he claim the place was damaged when you left. if you fail to pay the last months rent he may well do this .
make sure that you get a reciept for the notice you give or he may claim you did not give a full months then will withold your deposit to cover this. : )
banned#9
wierdowoss
Of course its simple.

How the hell is the landlord going know where you're going.

Hes got his last months rent in effect, so who would he care ?


because if you break the contract by not paying the last rent he may be able to legally reclaim that money and then may be inclined to find a way of keeping your deposit.
he may credit blackliist you , then he wouldnt need to find out where you went , it would be your problem , one that would follow you . : )
#10
wierdowoss
Of course its simple.

How the hell is the landlord going know where you're going.

Hes got his last months rent in effect, so who would he care ?


He won't care where you're going if he's sitting there with your £500 deposit in his hand.

How do you know the deposit isn't 2 months rent?
#11
Withholding the rent
79A tenant cannot lawfully refuse to pay the last period of rent because s/he fears that a landlord will not return the security deposit when the tenancy ends, or fears a dispute over the deposit. A tenant is legally liable to pay rent and the landlord could take court action to recover it. The tenant would then have to counter-claim for the return of the deposit. In addition, the landlord may refuse to give a reference. However, many tenants do withhold rent. If a tenant has withheld the rent, s/he should keep the money in a specially created bank or building society account in case the landlord decides to take action to recover the money.
80If a tenant withholds rent, it is possible that the landlord may attempt to keep some of the tenant's possessions. The local authority's tenancy relations officer should be able to help in these sorts of dispute.
#12
was your deposit paid into the deposit protection service (DPS). I would definitely pay your rent as per usual. The deposit protection service will help out if there are any problems as the landlord would need to submit a claim for all or part of your deposit arising from any damage to the property. If your landlord submits a claim you will hear about it and will be kept informed throughout. You can even contest a claim if it arises.
#13
How long have you had your tenancy? If it started in the past couple of years any deposit legally has to go into tenency deposit scheme. If landlord fails to do this I am of the belief you can claim 3 months free rent. Think from memory they have 1month to put your deposit into one of the schemes and then they have to let you know which one and all details of the scheme. Worth looking into if nothing else.
#14
Thanks for all your helpful advice. I live since 2007 there.

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