My Landlord is trying to take my whole deposit

[GreenHatsin]

I live in a big city, I've been paying £1000 per month for a 1 bed flat for the past two years.

My landlord decided to sell the flat and gave me three months notice (absolutely fine).

I found another flat to move into within a month. He wants me to pay the extra two months and he's sent someone round to inspect the flat.

He said he'll be keeping my entire deposit because I haven't kept the flat to a "good standard."

If I could post pictures of the flat without outing myself I would, however, it is immaculate. I have pictures from when I moved in and I've taken pictures today. It's cleaner than it was when I moved in. I know people say this, but it really is! When I moved in there was dust everywhere and junk in the cupboards.

What can I do here? I am absolutely certain that he doesn't have a case against me. If anyone looked at the flat they would agree.

Well I’m it one of those landlords so it’s really not that hilarious

Report him for address fraud. He sounds a delight.

It’s not fine and if the local authority figure out he and the children are not living in the flat, they are likely to remove the children from the school.

Also, you’ve got a landlord who you knew was prepared to screw people over to his own benefit (the children who should have got a place at the school that his kids took) are you really surprised he’s now trying to do the same to you?

Yes, and they have to send it for a later S21 to be valid, not just protect it!

Its so easy, I basically forward the email!

We rent out a flat via openrent.

I think it's a very good system and basically forces landlords to do the right thing - electrical testing, gas safety checks, deposit scheme, etc.

As decent landlords, we find it slightly pricey, but also very convenient and helpful.

I'd certainly recommend it to tenants, based upon the landlord experience.

What's 'hilarious' is your claim that being a landlord backs up your claim - after an unnecessarily prolonged exchange on this thread where you just stated your position over and over instead of providing a reference when people questioned it - which presents the notion that "of course I know what I'm talking about, since I'm a landlord myself" when the point is that there are many landlords who don't have a clue what they're supposed to be doing (nor a care in the world about it), so the idea that 'landlord=knowledge of the legal requirements in renting' is at best extremely misguided.

I didnt know that, thanks for clarifying

It’s hilarious that I’m right in what I’m saying? And have proven I’m right

You’re easily pleased with your comedy aren’t you!

And you think someone who isn’t a LL is likely to know more than someone who is?

I must have had a sense of humour failure as I’m failing to see the hilarity?

The deposit protection scheme arbitration really isn't too difficult to go through. Years ago we moved into a flat that was dirty with scuffs on the walls etc when we moved in. When we moved out in was in a much better condition and very clean. There was one box accidentally left in a wardrobe. The letting agents tried to keep £500. I contested it through the DPS and made a counter offer of £10 to cover the cost of removing the box. The arbitration upheld out counter offer and the letting agents got £10.

OP, I know you have said that you aren't bothered whether the deposit was in the DPS scheme or your landlords bank account. But, the law around protecting deposits is to protect you from the landlord doing exactly this and taking your money for no reason. If they have protected it then thats great, contest it and use the arbitration service-it's easy. If not, you absolutely should report it. You will get at least your deposit back and more (up to three times your deposit) if the landlord has not met other legal obligations like making sure you have an up to date gas certificate or if he's been crap in the past with other people.

No you are wrong @Athousandwishes - there are two different types of deposit protection scheme (and then several different providers of them). Custodial and insurance. A landlord can choose which type to use, the insurance scheme the actual deposit monies stay with the landlord. Custodial scheme the deposit money is handed over to the scheme to hold

Both types are fully compliant

Careful, you’ll get accused of making people laugh with your facts 🤣

Ok, so, he can go swivel can't he?

Is his child/ children due to start school or move to another school in September? If so, you have him over a barrel.

You could, theoretically, ring up your current LA and every neighbouring one to let them know that your address is being used as an address of convenience for school applications. If they investigate and find that to be true, and provided the child has not already started at the school and been there longer than, say, 3 weeks, they will lose their admissions priority and likely find themselves having to resubmit their application as a late application.

Oops.

What @Goawayangryman sais. You’d be surprised how seriously LAs take address fraud for school admissions.

In regards to the landlord asking you to pay the extra 2 months, when was your tenancy ending/due for renewal? If your tenancy was due to end on x date and your landlord was giving you 3 months notice that on x date he will not be renewing the tenancy as he is selling the property then yes, you would be responsible for paying the remaining 3 months of your tenancy, unless there was a 6 month break clause by way that after the 6 months either party could give notice to leave the tenancy early. You would still be required to give notice on this regardless of the fact that he has already informed you that he would not be renewing the tenancy when it comes to an end.

Not fine at all. This is fraud. Might be worth reminding him that you can report him on this as well.

You have way more rights than you think.
If the deposit isn't protected he's up shit creek.

He has to evidence any damage with a proper before and after inventory.

LLs can't just keep deposits with vague explanations anymore. New laws that stop this have been in place since 2007!

Did you give him the required notice?
Yes, I know he gave you 3 months notice, but you also need to give him the required notice period for your tenancy agreement.
This happened to my DS. He was given 2 months notice, but when he left within the month, I found that legally he should also have given the landlord, his required notice. The landlord and him, eventually came to some agreement.

Technically you're right in that they have to register the deposit rather than hand over any cash but the effect is the same. Do you think you're clever arguing about it? Not exactly helpful to the OP

Do I think I’m clever? What do you mean - am I supposed to just tell you your false information is correct?? I don’t get it. Just admit you were wrong without being such a wet wipe about it.

She is not wrong. I did this just over a year ago when my rental agent folded and they ‘couldn’t find’ my tenant’s deposit. It was not registered in any of the 3 schemes but when I mentioned going to court, they suddenly found the money and returned it to the tenants. When I got new tenants, I protected the deposit myself, sent copies of the certificates to the tenants but have the deposit in my landlord account. This is perfectly acceptable by law.

As mentioned by a pp, if there’s a dispute re how much a tenant gets back, I’d have to send the money to the deposit scheme for them to hold while the dispute is resolved. Worth knowing the correct process and this can be looked up via any of the deposit schemes. I spent a long time discussing/researching this because I wanted to ensure the deposit wouldn’t go missing again.

Either small claims court or trash the place as you are leaving.

By law you have to put it in deposit protection scheme... and he should've sent you a certificate proving this.

Look at tds scheme website they have helpful guides and advice.

I imagine this is why he's selling as sounds like a dodgy landlord.

If your tenancy was a fixed term Assured Shorthold without a month break clause and not a rolling one (I’ve done this to give my tenants total flexibility) you are unfortunately liable for the rent until the end of the fixed period. If you have a new tenancy, ensure you have a break clause.

Op really you weren't given a right to rent document that clearly explains your rights as a tenant?
Ofcourse you know using your address is fraud could be pretending to live there and not declaring income to hmrc or have the correct mortgage.

Op - ignoring the arguments - just ring Shelter. If your landlord hasn't got the deposit registered you could end up quids in. If they have then you can use the dispute process.