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Landlord withholding deposit

4 replies

Angrywife · 02/10/2023 12:26

Hi, I'd appreciate some advice please. I'll bullet point the relevant information to make it easier.

6 month rental agreement signed on a shared flat.

Flatmate reported to police for threatening behaviour.

Crime ref number given to landlord who agreed to release me from contract early and waiver remaining 2 month's rent.

Landlord refusing to repay deposit stating I either wait until 6 months is up, or room is re-let. It's now been a month since I left.

Where do I stand? I've seen that I should receive my deposit back within 10 days of the contract ending but does that apply in this instance?

Thanks in advance.

OP posts:
OlizraWiteomQua · 02/10/2023 12:34

Was your tenancy an "assured shorthold tenancy" or were you there as a lodger? Your rights will be different depending on this.

If you had an AST then your landlord is absolutely obliged to put the deposit into a deposit protection scheme, and they will only allow deductions from the deposit refund if you agree, or if you dispute it then the landlord has to provide positive proof that the deductions are reasonable. If your landlord didn't use a DPS you can challenge this and will be awarded 3x the amount of your original contract.

If your contract isn't an AST but should have been (eg if the landlord didn't live there themselves) then you still have the same rights.

Speak to Shelter for advice.

Angrywife · 02/10/2023 13:39

Thanks for your reply.

I wasn't there as a lodger. I rented a room in a shared flat, direct from the landlord as advertised on a letting website.

I've asked the landlord to confirm which deposit scheme my money is in and am being ignored.

OP posts:
TheGander · 02/10/2023 19:24

There are only a few deposit schemes in existence I believe, you could try ringing around and explaining the situation, usually they are sympathetic to tenants.

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