Help Us!!! Claiming back deposit!!!

[Matt989]

Hi people, im just looking for some advise on getting my deposit back and the possiblity of compensation.

Heres the deal:

We (me and my fiancee) moved into a privately rented flat on 06/09/06. It was our first place so were nieve as to how complex things can get!

The lease was a standard scottish executive short assured lease for 6 months. £400 deposit was put down on the flat. We also discussed if early exit would be a possibilty should I need to move for work, we were assured this wouldnt be a problem. One mistake we made was no copy of the lease was left with us.

It started by the landlords mother (who we deal with) phoning us and informing us that she was giving us "2 weeks notice" to leave from 23/12/06 as "verbaly agreed" on signing of the lease. This is completely untrue! After the initial shock we decided it would be better if we were to move anyway as the flat is damp and after getting the "notice to quit" in writing we started to look for somewhere else.

On the saturday we were asked to leave we stayed in the flat to ensure no attempt to enter the flat was made, however nothing happened until 10am when we recieved a threatening voicemail stating that they wanted the keys back or else!! We did not respond and have not heard anything else since.

Luckily we have found somewhere else but will not be ready to move in until
13/01/07 (three weeks after asked to leave).

I am now worried that I will not recieve my deposit back as they are bein very uncooperaive and will lie through thier teeth to keep it.

I understand under scottish law they are liable for 3 times the rent should they force us out or keep our deposit. Is this true and whats the best way to go about leaving the property in order to protect myself from any bills!

Thanks for any advice in advance!!!

[callumsgran]

I dont know about scotland but in england you have to have a months notice and IN WRITING so i wouldnt worry!
1 piece of advice from me is make sure you take pictures when you leave to prove the state of the flay when you leave it or get them to come round and check it and sign it off

[Matt989]

Yeah, ive picked up some good tips from other peoples questions.

She has refused to sign it off while we are there, she will do it after we are out. Saying that though I will try and get her down to see the flat in order to hand the keys over, which I will record on my phone.

Will pictures stand up in should I take it to a small claims court? Itwould be possible to take pictures then wrecked the place!

[demon_x_slash]

She is being very unreasonable, and it does sound like she is angling to keep part or all of your deposit after you leave. It's VERY unprofessional to refuse to do the final exit inventory without you present. In other words, she's dodgy (but you have already realised that, it seems)! If you can't get her down there, take pictures (date and time stamped, or with that day's newspaper in each shot) and get several reliable witnesses to attend and attest to the truth of those pictures (signed statement or something to that effect). Do you have any 'upstanding' friends? Police officers, civil servants, doctors, even your local MP if you're friendly with them - as the landlord she has to prove that she needs to retain part or all of your deposit, but it can be a real headache, a protracted process ending in court action sometimes, and the more witnesses and photographs you have, the easier it will be for you.

[Matt989]

Ok...

I was thinking along the line of using the video cam on my mobile and using the news to confirm the date then looking round the house using the mobile.

She will have to come and collect the keys at some point.

Im starting to get a good idea that the law almost always sides with the tennant.

Ill keep you posted!

Thanks