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hi, i recently posted a thread about the tds, as we were told our deposit was been held in the tenancy deposit scheme yet we never got a certificate or a tenancy identifier number or any info at all about the scheme, we cut our contract short as the landlord broke the contract and threatened us, our etate agents told us it was fine and we'd get our deposit back as he broke the contract.

we gave our months notice at the beginning of june left end of june and its now been a month and they still haven't even checked the house out for us and now there saying we should give the landlord all of our deposit.

do they have to give us relevant info about the tds?

how long can they hold our rent and now do anything with it afterall we left the property a month ago now and we still haven't seen a penny?

is there anyone to report this to or am i wasting my time :s

any help would be much appreciated, thanks

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Contact the three deposit protection services and ask each of them if your deposit is protected. If it is, make a claim to the service. If it is not, threaten, and then take legal action.

 

Make sure you are confident that you terminated the contract lawfully as you could otherwise be liable for the rent. Simply breaking a term of a contract does not legally give you the right to end the contract.

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i have found our deposit and it is protected by the tenancy deposit scheme.

when we terminated the contract we had made several complaint, one about the gas fire never been connected to the gas and the landlord said throw a match at it, it didnt have a gas supply because someone had isolated it as it wasnt safe to use.

also the landlord had his things stored in the garage and didnt give us a garage key so even though we were paying rent for it we couldnt use it

we also had a sever leaking conservatory we couldnt put anything in there as it all got drenched, he was aware of this leak before we moved in yet didnt sort it out, which means he breached the contract that the landlord should make sure the property is watertight and everything is in working order at the start of the contract, due to this leak we also got water in the electrics but the landlord refused to sort it out.

the estate agents told us he had broke his contract and we had every right to move out as long as we gave a months notice, the landlord quickly got aggressive and threatend my partner over the phone!

there trying to do us for rent arrears though they said we wouldnt have any and everything would be fine :s

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i have found our deposit and it is protected by the tenancy deposit scheme.

 

That is good. I suggest you claim your deposit. If they object, they have to prove why. The deposit cannot be taken for unpaid rent unless the AST actually states that it can and you can insist it goes to arbitration. You will need to have all your information regarding the problems you have had to hand - dates and details and paperwork - but the onus is on the LL to prove he is entitled to keep the deposit.

 

when we terminated the contract we had made several complaint, one about the gas fire never been connected to the gas and the landlord said throw a match at it, it didnt have a gas supply because someone had isolated it as it wasnt safe to use.

also the landlord had his things stored in the garage and didnt give us a garage key so even though we were paying rent for it we couldnt use it

we also had a sever leaking conservatory we couldnt put anything in there as it all got drenched, he was aware of this leak before we moved in yet didnt sort it out, which means he breached the contract that the landlord should make sure the property is watertight and everything is in working order at the start of the contract, due to this leak we also got water in the electrics but the landlord refused to sort it out.

 

Regardless of what this Agent told you - and he obviously knows nothing about tenancy law - (and however sympathetic we are to your situation) none of these things give you the right to, legally, just walk away early from your contract.

 

What you should have done is contact the Environmental Health department at your local council. They would either force the Landlord to fix the problems, or declare the property unfit to live in. THEN you could have left the property legally.

 

the estate agents told us he had broke his contract and we had every right to move out as long as we gave a months notice, the landlord quickly got aggressive and threatend my partner over the phone!

there trying to do us for rent arrears though they said we wouldnt have any and everything would be fine :s

 

I don't suppose you got this information from the Agent in writing??

 

I think you are in a very difficult situation here. I suggest that you get some proper legal advice either from CAB or Shelter, but definitely claim your deposit and tell the Agents that you are taking legal advice about the situation and the incorrect information they gave you. I think any judge will be sympathetic towards your case.

 

If there was no proper check-in which you agreed to and signed they can't prove any damage to justify deductions anyway.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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