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Go Back   The Consumer Forums > The Consumer Forums
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Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 25th January 2008, 13:54   #1 (permalink)
cupid07
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Default landlord witholding deposit

hey everyone, i moved into the house on october 2007....i was suppose to sign a 6 month contract but realised some things just weren't quite right. for example there was a £500 debt on the electrcity metre which he didnt tell me about and effeictively i was spending £10 a day on electricity paying off his debt. And other security issues i wasnt happy with. 8 days later i told him i was moving out and that i also wasnt going to sign the contract (i wasnt happy with the terms) and he hadnt put my deposit into a scheme (when i asked him which 1 he said he wasnt going to do it).

I am now trying to get back my deposit back through the small claims for £400 but i heard if they dont put it into a scheme, they can owe you 3x the amount. do i sue him for the initial £400 or £1200?
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Old 25th January 2008, 18:30   #2 (permalink)
Joa
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Default Re: landlord witholding deposit

This is messy. First we need to establish whether there was a tenancy; in my opinion there was. You do not need to actually sign an agreement to create a tenancy. You paid for an exclusive possession, i.e. for a sole right to occupy this property and therefore your and the landlord's actions created a tenancy.
You have left early without the landlord's agreement. Therefore you are liable for the remainder of the rent, unless the landlord gets someone else in. You are therefore responsible for 6 months worth of rent. If you sue for the deposit plus 3 times the amount, guess what the landlord is going to counterclaim for?
My opinion is; watch very carefully if some new tenant moves in. This will mean that the landlord has "given up" your tenancy (surrendered) and you are no longer liable for the rent payments.
Then you can start the deposit recovery action.

Alternatively, you can take the risk that the landlord is going to be intimidated by the penalty for not entering into a TDS and pays the deposit back. You may play the benevolent, generous tenant who allows the landlord to give you back your deposit, instead of dragging him through the courts. But if the landlord is clued up or seeks legal advice- the game's up mate.
Lesson to us all; check, double check and triple check before moving in.

I will be happy to stand corrected if any of my learned friends wish to do so.
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Old 25th January 2008, 19:12   #3 (permalink)
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Default Re: landlord witholding deposit

I can see Joas point of view, but would be somewhat more "off the fence"

I can only see bad things if you continue suing for the deposit. You will almost certainly be countersued for the rent, and you will almost certainly lose such a suit, as you have no defence against it. I would strongly advise to let things lie, and only pursue the deposit IF you are sued FIRST for the rent.
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Old 25th January 2008, 19:57   #4 (permalink)
Joa
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Default Re: landlord witholding deposit

Quote:
Originally Posted by MrShed View Post
I can only see bad things .....
I am sorry I couldn't help but laugh, I just imagined you Sheddy with a colourful, jingly scarf on your head, blood red lipstick and a crystal ball....

Seriously though; I concur with your view; suing first would be looking for trouble.
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