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Original poster

End of tenancy can Landlord do this?

16 replies

Megabeth · 09/06/2019 10:22

I privately rented a house 6 months ago but have given notice to not renew the tenancy. I was new to private renting and basically desperate to find a place that would accept me on housing benefit. I didn't know at the time about tenancy deposit schemes. The landlord asked for 2 months rent upfront as a deposit and said the rent would always be 'paid one month ahead'
Since I gave notice to leave I have heard nothing from the landlord even though I have sent 2 letters to his home address.
I know now that by law a deposit should have been put in a deposit scheme but I have looked at my tenancy agreement and it doesn't mention a deposit anywhere. It states the rent will always be paid 2 months in advance. The only place that can help is Shelter but their online chat service is always busy and I can't phone them as the number is for emergencies only. Surely there can't be a loophole that allows dodgy landlords to get away with keeping deposits. I'm worried he could go after me for another month's rent, I have paid him up to the date the tenancy will end and have had to borrow from my Dad to get the deposit for my new home.

OP posts:
Aw12345 · 09/06/2019 10:38

No advice sadly but I would phone the shelter helpline personally, it is absolutely a legal requirement for you to get your money back! Good luck 🙂

mydogisthebest · 09/06/2019 10:46

I believe there are only 2 or 3 deposit schemes and you should be able to search online if your money is held in any of them

Original poster
Megabeth · 09/06/2019 15:05

mydogisthebest
I have already searched them and found nothing.
Aw12345
Hopefully Shelter will help me by phone.

OP posts:
lanbro · 09/06/2019 15:07

If he hasn't put it in a deposit scheme you can claim 3 times the amount plus the original deposit back, go to the CAB asap for help to do this

Original poster
Megabeth · 09/06/2019 16:25

If he hasn't put it in a deposit scheme you can claim 3 times the amount plus the original deposit back, go to the CAB asap for help to do this

I already phoned them, they said it's not something they deal will and said to contact the law society, I haven't done this as I thought Shelter would be of more help. Tbh I don't rate CAB, they never tell me anything I can't look up online for myself. The advisor was clueless and had to ask his manager anyway.

OP posts:
swingofthings · 09/06/2019 17:38

The problem is that you don't seem to have a y evidence that you gave him any money towards a deposit. It is legal to ask for two months rent in advance instead of asking for a deposit but it means you don't have to pay the last month as its already been paid.

Original poster
Megabeth · 09/06/2019 18:51

The problem is that you don't seem to have a y evidence that you gave him any money towards a deposit. It is legal to ask for two months rent in advance instead of asking for a deposit but it means you don't have to pay the last month as its already been paid.

Yeah that's what worries me because of the wording of the tenancy. There have been 7 payments in the 6 months I have been here so surely I'm entitled to one month of rent to be returned. I'll try and speak to Shelter asap.

OP posts:
MrsSquiggler · 09/06/2019 20:07

It seems that whether the rent in advance is treated as a deposit (and so, whether the landlord might be in trouble for breaking the deposit protection rules) might depend on the exact wording of your tenancy:
gcnchambers.co.uk/rent-advance-not-rent-advance/

But either way, if you've paid 7 months' rent but only been in occupation 6 you'll be due 1 month back - but you may need to go via the small claims court to get it.

twinnywinny14 · 10/06/2019 16:54

Definitely contact shelter, they were really useful to me a few years ago when I had trouble with my landlord x

Original poster
Megabeth · 11/06/2019 11:47

Definitely contact shelter, they were really useful to me a few years ago when I had trouble with my landlord x

Hopefully when I have more free time the online chat will be available. It always seems to be busy.

OP posts:
Original poster
Megabeth · 14/06/2019 09:15

I have contacted Shelter and been given a lot of links. Also had a chat with a no win no fee solicitor so they are assessing if I have a case. In the meantime the tenancy finishes tomorrow and I've still had no response from landlord. I really don't know what to do. I have had no advice about this immediate problem. Should I write again or just assume landlord will collect keys tomorrow?

OP posts:
hannah1992 · 14/06/2019 09:26

Well he should have contacted you to collect the keys and do an end of tenancy inspection anyway.

In regards to the money did you give 4 weeks notice at 5 months? If so and you've paid 7 payments you should get a month back. It does sound as though hes taken 2 months rent instead of a deposit.

swingofthings · 14/06/2019 09:43

If you piad in total the equivalent of 6 months, then you are fine. Leave the keys and write to him to confirm you've left the property on that date.

If you've paid 7 months in total, write to say that you've overpaid him, that you understand that the extra month payment was additional rent and not deposit and therefore expect him to repay it by x date irregardless of any damage/cleaning which in any case you expect to be none. If not repaid, you'll start legal proceeding.

Original poster
Megabeth · 14/06/2019 10:24

I first gave written notice on 11th May then sent a further letter on 25th May. I have paid 7 months in total.
@swingofthings
Thanks that's exactly what I want to say to him.

OP posts:
Original poster
Megabeth · 14/06/2019 10:47

hannah1992
Well he should have contacted you to collect the keys and do an end of tenancy inspection anyway.

The I'm not sure he did that last time. The oven was caked in black grease and one carpet stank of cat pee but apart from that it was clean.

OP posts:
RedPink · 17/06/2019 07:33

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