return of deposit ... nightmare

[JoshHommesWife]

I moved out of my flat a day later than was stated on my contract.

I therefore entered what i was told was a periodic tenancy and so had to pay another month's rent... I did so reluctantly, but had cleared that up with landlord so i could get my £1500 deposit back!

It's now nearly 2 months since I requested the return of the deposit. The landlord has rejected the return on the following grounds:

1. I am in rent arrears - I needed to give two months notice as stipulated by my contract, so they're deducting one months rent and will return the measly leftovers

• I replied using advice from CAB and Shelter that monthly PERIODIC tenancies require just one month.

1. When they replied to my email they said this information was correct, but that my contract actually ran out November, not October.

• I sent them a copy of my contract which shows a clear end date of October, with both our signatures.

Now, they have started ignoring me. No reply to the copy of contract I sent. No reply on the DPS website. It's been a week.

I really need deposit to move into a new place (back with parents for now).

Has anyone had experience of this? It shouldnt be allowed!!! Fair enough a dispute over damages etc, but it's over an end date of a contract which clearly i'm right about

Is your deposit protected? If so, raise the dispute with the holding company immediately. They will arbitrate on the disagreement.

If it's not protected, your Landlord is in all kinds of trouble!

I emailed them asking for an update but nothing.

The agency is horrendous and speaks to me in the following way "You'd have to think you could return keys on the day your contract ended"// "Your employers won't be happy to hear you're in financial and legal troubles"

Yes, it's in the DPS. I've been told I have to wait 14 days for the landlords to respond, and then if they disagree we go into arbitration - which can take 28 days, then 10 days after this i will get money back

I'm just at a loss why I have to wait so long for a deposit - it will be nearly 4 months after I left the flat!

The DPD were really good when I had an issue.

Flat had a 1980s kitchen.

When a new job was fitted, the worktop were damaged.

Hob company had to pay to replace all of the worktop in the 1980s kitchen.

When I moved out a year later, there was a minute scratch on one of the worktops.

LL wanted £850 from my deposit to replace all of the worktops again.

DPS said no, £100 was enough to remove the scratch.

So instead of losing £850 out of my deposit, I only lost £100.

Forgot to add, it did take quite a while to sort out though.

Have you told the landlord you have contacts the deposit scheme? That might make them get a move on.

You say the agents mentioned the keys.. how long after the end of your notice did you give them the keys?

You are absolutely right, if you were in periodic then a month is all you give by law, no contract can override that, no matter what the LL or LA may try to claim. But if you returned the keys late then the LL could not have, again by law, assumed you had given up the tenancy, despite your notice - I know, but such are the vagaries of tenancy law.

But yes, arbitration can take a while!

Good luck

I returned my keys on the day of my notice - as this was a day AFTER the contract end date, and I was in a periodic tenancy, I was advised I legally owed a month's rent.

I paid this.

Now they've tried to ask for another month's rent - and when I said this wasn't required, said the end date of my contract was Nov - when I have signed copies which say Oct!!

Then push on with arbitration. Shelter give great advice if you feel the need for more legal, free advice.

I'd also report the agency to any relevant standing body. How dare they threaten to contact your employer. Disgusting blackmail.