Hi, I've recently moved out of a rental property and I'm having some trouble getting my deposit back. However I'm not exactly sure of the law on these matters and would be very grateful for some advice!
We were on a rolling contract and had been living in this privately rented house for about two years. Then in June, we got a note through the door giving us 6 weeks notice to move out. I asked if we could have some more time (as indeed I was advised the legal minimum for a landlord giving notice is 2 calendar months), but the landlord said this wasn't possible and that we had to move out.
So, we found another place. Quite a lot more expensive then we had hoped but as we didn't have much time to shop around, we didn't really have a choice and had to go for something in order not to be homeless.
Now it's been several weeks since we've moved out and I so I text the landlord to ask, when will we get our deposit back? He said he will transfer it back to us, but that he will be withholding two weeks rent as we didn't pay the last two weeks of rent.
Now, this is what happened with the rent: Our contract started on the first of the month, we we had a direct debit set up for the 12th of the month (which the landlord was happy with). So we he gave us 6 weeks notice in June (to move out on the 12th of July), we had literally just paid the rent for June. He is now claiming that we have not paid rent for those two weeks in July. I guess this is technically true, but I don't feel I should have to pay this because of the following reasons:
- He is the one who gave us less than the legal minimum (I think?!) notice. If we had had the normal notice we could have moved into our new place a month later, and wouldn't have had overlapping rent, etc. It doesn't seem fair that he can just decide how much notice there is (not even to the whole calendar month! But just deciding on this random date!) and then we have to pay this to the exact date he gives us.
- He never even put our deposit in a deposit scheme, so there is noone I can ask or consult. As far as I'm aware it is actually illegal for a landlord not to place a deposit in a deposit scheme (and illegal to withhold money from such a deposit). It all seems really unfair.
Anyway, I really don't want to make this into a huge deal or a battle, I just feel like we have been pushed around for the last months and we were basically powerless. He owned the house and we just had to move, even if what he was doing was not legal. It felt incredibly depressing to be honest to feel so powerless, and now I've come through it all I just want my &%&* deposit back!
Sorry this is such a long message, I would really appreciate any advice. I guess if the law says I have to pay this additional rent even though I wasn't given the legal notice, and the deposit wasn't held in a scheme, then so be it. But equally if I'm in my rights to get my full deposit back, then I would very much like to get it back! Thanks again.