I am coming to the end of a horrendous tenancy. Landlord has openly admitted to me on phone that they haven’t kept up with maintenance I have requested, conservatory door can’t be opened, I asked 3 times for it to be fixed. When I moved in eaves of house and shed were full of her junk, she said she would remove and hasn’t, we had 2 carbon monoxide leaks which resulted in us having no central heating for 5 weeks this winter! I am now moving out, lease expires next week but we have agreed to extend by a month. Landlord has ALL personal mail delivered to house,mobile phone, credit cards, bank, you name it. she also told me to tell anyone asking that I am a family friend, which makes me think she does not have consent to let from her mortgage company. I did take the property on through an agency. She has made at least 6 appointments to come and see me to discuss lease extensions or maintenance and has failed to turn up for any. Leaving me sitting there all afternoon, wasting MY weekend! Then she rearranges for the next day just assuming it’s convenient for me. We are currently having viewings at the property. She is giving me 30 mins to 1 hour notice of them, if she is notifying me at all. Yesterday, Sunday afternoon at 4.30pm I got a knock from an agent and a family of 4! I tried to call my landlord and she didn’t answer – or return my call. Probably because she knew I was mad!
I have contacted all 3 deposit schemes and my deposit isn’t in any of them. When I confronted her she confirmed this to me and said she has it in a 60 day account. Currently she has verbally agreed to give me my deposit back early so I can put it down on another property. There was no signed inventory taken when we moved in. I was a bit naive there, but the property was filthy when we moved in and is certainly better now! She seemed very relaxed and friendly and after a break from renting for 3 years I was stupid enough to trust her.
However, yesterday was the last straw for me. She has absolutely no respect for us, is totally unreliable and untrustworthy.
I want to know if I am within my rights to retain the rent I would’ve paid next month in lieu of my deposit, considering she has not protected it, and has caused us so many problems.
I don’t want to make matters worse, but the fact is without it I can’t move into another property. It’s £1,150.
Any advice would be gratefully received, i’m at my wits end!

Marion

I moved into a private rented house in October last year, the deposit was one month’s rent (£240) but i’ve never had anything at all back from the Landlady about a holding bank ? What are my rights here?

Also my 6month contract is up on 1st April this year – she wants me to do the 6months THEN give 2 months notice – is this legal?? Surely after 6 months i’ve served the contract even if i do move out on the 6th month? Would i be entitled to my deposit back ??

Unfortunately ignorance of the law is not a defence! Suggest you get the bond submitted asap and see what happens. If your tenants get wind of what you have done (not done) be prepared to pony up 3 x the bond in compensation.

Jools

I didn’t know about the deposit scheme and I let out my home, so act as a private landlord. Is it too late to put the deposit into DPS? The tenants have been in the property for 7 months, and the assured shorthold tenancy ended in Dec, which i understand is now a periodic tenancy.

Thanks,
N

I agree with everything Jools said.

Further more, you had 14 days to secure the deposit, and she moved out with in that period, so that shouldn’t be a problem either.

if your proposed tenant signed the AST and has now given back word then she loses her deposit. Legally you are within your rights to insist that she pays the entire AST figure but this depends on how likely it is she will pay!!

She is also liable for your agency fee costs and any reasonable costs associated with getting a new tenant.

You could (if you were very nice) take the costs from the deposit and return the balance but you are under no obligation to do so. It is her decision to surrender the AST – DO NOT ACCEPT her surrender as you will be allowed to proceed with obtaining the full contract amount if you do.

To be clear – she forfeited her deposit the moment she broke the AST contract and has no rights in law to recover it.

Jools