Our Landlord and the deposit

[petethemanc]

Ok so we moved into rented accommodation on the 1st of August 2007. We are now moving to a bigger house (also rented) now when we moved into the the rented property in 2007 i paid a deposit of one months rent in advance. Now after reading through the forums i have found that the letting agency should have been held in a shorthold tenancy scheme. This was never mentioned by the letting agency and i was not aware of this scheme until i read so in the forums. I have also noticed on the tenancy agreement that it says

 

Sect 5.3 If a deposit is paid it shall be retained by the landlord or landlords agent as security for performance of the tennants obligations and shall be repayable to the tenant only after the end of the tenancy and then without interest and after deduction therefrom of any sums required to compensate the landlord whether wholly or in part for any breach of obligation to the tenants.

 

Does this mean that they had not updated their paperwork to be in line with the housing act 2004? I ask as the letting agency who the landlord uses are renowned for not getting their facts right and we think they will make life difficult in getting the deposit back. There were a few minor things that did need sorting out such as wallpapering the childrens bedroom which has been done. So we see no reason why a deposit should be witheld, but we are pretty sure they will try.

[Planner]

I think you just need to clarify what you actually paid as you have written i paid a deposit of one months rent in advance. WAs it therefore a deposit or a months rent in advance?

 

If its the former then it should be protected, if its the later then it shouldnt.

[petethemanc]

I paid a months rent up front of £475, and it states on the rental agreement that it is a deposit paid.

[Planner]

I paid a months rent up front of £475, and it states on the rental agreement that it is a deposit paid.

 

Your still not making it clear. When you move into a rented property you normally pay a months rent in advance and also a deposit which is normally a further months rent.

 

Did you pay both of these or only the months rent in advance?

[petethemanc]

Your still not making it clear. When you move into a rented property you normally pay a months rent in advance and also a deposit which is normally a further months rent.

 

Did you pay both of these or only the months rent in advance?

 

All the letting agency wanted was a deposit of £475, it does not stipulate in the agreement whether it was for a months rent up front. But it was agreed that it was a deposit only.

 

Also as far as i am aware, the act states "The Act applies to any money intended to be held (by the landlord or by someone else, e.g. the letting agent) as security for the tenant's compliance with the provisions of the tenancy agreement. For example, money held as security for the tenant paying the rent and keeping the premises in good repair" and the fact that on the rental agreement it states "deposit" and not rental in advance that the monies were in fact paid for a deposit. I need to be fully armed with the facts before seeing the letting agent on monday.

[Planner]

Its very very odd not to pay any rent before you move into a property.

 

The act only applies to a 'deposit' as you are aware. You need to be 100% sure that the amount you paid was a deposit and not a months rent in advance.

[petethemanc]

Well it states deposit on the tenancy agreement. And we did say it was a deposit when we signed. So would i be right in saying it is in fact a deposit?

[MrShed]

Easy way to decide. When did you first pay rent?

[petethemanc]

It was supposed to be the first of every month.

[petethemanc]

May i add, this letting agency are pretty well known around here for not having their paperwork in order. And judging by their T&C where it states any deposit will be held by them (the letting agent) and with no mention of any tenancy deposit scheme i am inclined to agree.

Edited March 1, 2009 by petethemanc

[MrShed]

Not "supposed to be" - when DID you?

[MrShed]

OK we need to 100% clarify the "rent in advance vs deposit" argument here, as it is not at all clear. So, back to basics (with respect, this thread appears to have turned into a "pulling teeth" exercise).

 

- What date did you move in?

- What was the monthly rent?

- When did you pay the deposit, and what was the amount?

- What does you receipt for the deposit state on it?

- what EXACTLY does the contract say with regards rent - i.e. due date, in arrears etc etc?

- On what date exactly did you first pay rent? And how much?

[petethemanc]

OK we need to 100% clarify the "rent in advance vs deposit" argument here, as it is not at all clear. So, back to basics (with respect, this thread appears to have turned into a "pulling teeth" exercise).

 

- What date did you move in?

1/8/07

- What was the monthly rent?

£475

- When did you pay the deposit, and what was the amount?

1/8/07 £475

- What does you receipt for the deposit state on it?

It states deposit only

- what EXACTLY does the contract say with regards rent - i.e. due date, in arrears etc etc?

It states for rental period payable in advance on the first day of ecah such rental period.

The tenant will shall pay the landlord on the signing of this agreement the amount of the deposit (if any specified) and the first payment of rent.

- On what date exactly did you first pay rent? And how much?

The rent was paid by the council and i do not know exactly what they paid as they always pay in arrears.

[MrShed]

Not exactly detailed answers to my questions there.

 

Sorry pete, but you want us to answer your question without any of the pertinent information - we cant do it!