Can landlord withhold our deposit with no section 21 issued .

[Endoftensncyquestions]

I’m after some advice.
Two months ago our landlord verbally gave us two months notice. No section 21 issued.
After a nightmare trying to find somewhere we finally did and moved earlier this week.
We painted throughout and vaxed the carpets as per the tenancy agreement but we are worried that the landlord may withheld our deposit/part of it (they’ve been away so due to meet us there tomorrow to inspect).
Does not being issued a section 21 help us in any way if they did decide to withhold it?
We might be worrying needlessly (we’ve been good tenants, kept it tidy, allowed access when needed, always paid on time etc). I just want to be prepared and couldn’t find anything online.

Is your deposit protected by a deposit protection scheme? If not he's in trouble. If it is they have to look at all of the evidence and decide who gets what. An old landlord of ours tried bargaining with us out of deposit and blaming us for all kinds of crap. We refused to engage and let the DPS sort it out. They gave us all our deposit back minus a few quid for some cooker knobs that were melted when the grill caught fire (legitimately our fault). The DPS or similar scheme will look at check in and out inventory and photos.

Hi. Thanks, yes it is.

Did you give your landlord written notice that you were ending your tenancy, if they didn't give you written notice to leave?

My advice is to let them deal with it then. Our landlord tried to bully us out of £1600 and I was so proud when we won!

It’s doesn’t really matter as you left voluntarily.

take it up with the DPS if he tries anything.

Also our LL didn't inspect the property for several weeks after and by then mice had moved back in (told him there was a problem then he told us to deal with it so we got a cat which he knew about) and the garden was overgrown. He also said some bikes had been nicked from a shed but they weren't there when we lived there. The DPS just took all of our photos and took it against that. Did you take photos when you moved out?

Do you have any communication evidence eg texts? Sounds like he didn’t give you notice correctly but did you reply at all indicating you were getting ready to depart.

TPS will deal with this though

I ask about notice because depending on your tenancy agrrement, the LL may be able to argue that some or all of the deposit is withheld in lieu of rent for any applicable notice period, if neither of you have given any formal notice. If they're decent they shouldn't, but you never know...

No. Sorry if I wasn’t clear. They ended our tenancy verbally. They want to sell the house and verbally gave us two months notice to leave.

Ok, did you give them any notice in wrtitng that you were moving out?

If they asked you to leave I'm not sure how they can withhold money

@CornishTiger none. They live nearby. Yes, we agreed to leave and paid rent right until moving out.

@NewBootsAndRanty we continued to pay.

@NewBootsAndRanty no. We agreed to move out on the day that they requested.

Well, yes - people do tend to continue to pay tent in their notice period. That wasn't what I asked.

@NewBootsAndRanty sorry. I misunderstood. I am thankful for the help.

It really will depend on your landlord - ask them when you meet with them. If they do say they want to keep some or all of it (which technically they could, unless your tenancy agreement has some kind of clause saying no notice is needed, which is unlikely), raise a dispute with the protection service.

Does not being issued a section 21 help us in any way if they did decide to withhold it? it would if you had stayed in the property or had other evidence of being told to vacate the property by the landlord. As it is, you have no evidence you were evicted, but have left the property without giving notice yourself.

Your landlord should have issued written notice. A notice cannot be verbal
You have no evidence that you were asked to leave, or what date the non existent notice expired. If you have sent a text or email advising that you were leaving on a particular date you can provide that as evidence of termination of tenancy. In future please await a written notice. And tenants are also legally able to await a possession order before having to leave.

I would just go through the DPS but if they're approachable maybe ask

Thanks. Hopefully it wont be a problem and hopefully there wont be a next time but we will definitely get something in writing if it does

Just as an update. We got it back in full.thanks for the advice.