i got Judgement by default over failed deposit return - he set it aside!

[JeffW]

Hi.

 

I gave my landlord 1 month's notice today. I asked him whether he would be happy for me to leave before the month has passed, if I found a new place that I could move into right away. However, he told me that he would require me to serve a full month's notice.

 

My landlord told me he would not advertise my room until after I have left, so it is not the case that he needs a month to find a new tenant. I therefore consider his stance to be unreasonable.

 

My deposit is not registered, so can my landlord legally withhold some of my deposit, or some of my advance rent, if I leave before the month has passed? I have a 6 month ongoing assured shorthold tenancy agreement, and I have lived here for over 6 months.

 

Thanks in advance.

 

Regards

 

Jeff

[Guest Old_andrew2018]

Hi

 

You can leave at any time, I expect if you delay you could lose your new property, the landlords are correct however when they request the full rent for that month, and yes if you owe any rent a landlord is entitled to keep that portion from your deposit.

I am sure its all in your agreement.

 

Regards

 

Andy

Edited May 26, 2008 by old_andrew2007

[JeffW]

Hi Andy

 

Does it not amount to a penalty charge, given that my landlord won't start looking for a new tenant till after I've left and therefore won't be out of pocket if I don't give a full month's notice?

 

I took out the tenancy in November last year, but I'm pretty sure it isn't registered with the tenancy deposit scheme. If my landlord does withhold some of my advance rent, would I be legally entitled to say 'Give me my deposit back, plus the advance rent I paid for the few weeks when I won't be here, and I won't sue you for 3 times my deposit'?

 

Regards

 

Jeff

 

Hi

 

You can leave at any time, I expect if you delay you could lose your new property, the landlords are correct however when they request the full rent for that month, and yes if you owe any rent a landlord is entitled to keep that portion from your deposit.

I am sure its all in your agreement.

 

Regards

 

Andy

[Steve__M]

I do not believe it is a penalty as a landlord may need the month's notice for a number of reasons including planning any work that needs to be done in between tenancies, and he may not want to readvertise till the work is done. Or he may already have a tenant in mind who cannot move in immediately.

 

In technical terms, a cost is only a penalty if it exceeds a reasonable pre-estimation of costs incurred anyway.

 

Sounds like you may have the option to sue your landlord for 3x the deposit though...

[JeffW]

My former landlord didn't register my rent with a third party, and deducted part of my rent for damages that I felt fell into the category of 'wear and tear'.

 

I would like to sue him for three times the deposit amount, as I am entitled to do by law.

 

Will I be able to sue him using a firm of solicitors on a 'no win, no fee' basis?

 

Thanks in advance.

 

Jeff

[flyingdoc]

You dont need to use a solicitor for this. You can issue against the landlord yourself for a small fee, even using the northampton county court via https://www.moneyclaim.gov.uk/csmco2/index.jsp

[JeffW]

Thanks

 

Why would I use Northampton County Court (as opposed to my own local court)?

 

Also, do I risk being landed with a huge legal fee if my landlord contests the claim and hires an expensive firm of solicitors?

 

Regards

 

Jeff

 

You dont need to use a solicitor for this. You can issue against the landlord yourself for a small fee, even using the northampton county court via https://www.moneyclaim.gov.uk/csmco2/index.jsp

[flyingdoc]

the reason I suggested the northampton was that you can do it online.

 

How much is the deposit?

 

If the entire amount is less than 5k then the only costs recoverable are the issuing costs. If you issue and win then the landlord will have to pay your issuing costs, if you lose then no costs will be awarded.

[JeffW]

Thanks Flyingdoc.

 

The deposit, had one been taken, would have been for 330 pounds. So am I right in thinking that literally all I have to lose is the 30 pounds or so that it costs to register the claim online?

 

Regards

 

Jeff

 

the reason I suggested the northampton was that you can do it online.

 

How much is the deposit?

 

If the entire amount is less than 5k then the only costs recoverable are the issuing costs. If you issue and win then the landlord will have to pay your issuing costs, if you lose then no costs will be awarded.

[flyingdoc]

all you stand to lose is the issuing costs if you lose.

[Planner]

The information you have been given is incorrect. You Do Not use moneyclaim online/Northampton CC to issue a TDS non-compliance claim. You must instead download, fill in and print off a N208 Part 8 county court claim form from the HMCS website and hand it in to your local county court. The cost is a set fee of £150.

[flyingdoc]

Thanks planner for putting me straight on that.

 

Ill remember for future (always learning)

[Planner]

Thats okay,

 

The court guidance on issuing such claims was only released October/November so its all relativley new.

[flyingdoc]

Cheers - now I dont feel Quite so dumb

[JeffW]

Are non-refundable deposits exempt from the laws which require deposits to be registered and is the landlord legally required to refund the deposit if the property hasn't been damaged?

 

Thanks in advance.

 

Regards

 

Jeff

[help me kick his butt]

Hi Jeff, think you need to elaborate on your sitution as no one canm help you with your problem if we dont know a little more about what type of deposit we are talking about x

[JeffW]

Hi

 

Before I moved into my current property, I paid a deposit of £150.

 

This is what the receipt, which was signed by both parties, says:

 

I [landlord's name] or his agent of [address], hereby acknowledge receipt of the non-refundable deposit in the sum of £150.

 

In consideration of your payment of this deposit, I shall make enquiries and take references to determine your suitability as a tenant at the property of [address] (hereafter referred to as 'the property'). Furthermore, I agree not to let the property to any other person unless I should determine from my enquiries that you should not be a suitable tenant. In this event, I agree to refund the deposit after deduction of the sum of £50, which I shall retain towards the cost of my enquiries*.

 

If you should decide not to proceed with your interest on the property or not to accept an offer of a tenancy, then I shall be entitled to retain the deposit in full.

 

In the event of your taking a tenancy of the property, then I shall hold the non-refundable deposit as though it were paid to me as or towards any bond or deposit required under the terms of the tenancy.

 

*I'd be surprised if my landlord made any enquiries about me, given that he didn't know my former address or the name of my landlord...

 

Hi Jeff, think you need to elaborate on your sitution as no one canm help you with your problem if we dont know a little more about what type of deposit we are talking about x

[help me kick his butt]

It sounds like it was non refundable if you were to not take up the tenancy. It does however state that this will go towards a bond for the property, so I would presume, unless told otherwise by your LL that the deposit will be returned to you if property is left in good condition and rent paid.

x

[JeffW]

Thanks

 

Does that mean the rules regarding registering the deposit with a third party apply?

 

Jeff

 

It sounds like it was non refundable if you were to not take up the tenancy. It does however state that this will go towards a bond for the property, so I would presume, unless told otherwise by your LL that the deposit will be returned to you if property is left in good condition and rent paid.

x

[help me kick his butt]

Not sure about this one as it appears not to be an AST, so I doubt very much weather the TDS applys.

Although, I hope someone more knowledgable will be along to confirm or deny x

[JeffW]

I sent my landlady an email regarding where my deposit was being held, and this was her reply:

 

Hi, its registered with TDS, they do not hold it, we hold it, and you will be returned it directly from us, the deposit schemes only come in to play, should be refuse to refund someone's deposit, and they can appeal through them. Your bond will be returned to you, after the keys have been returned.

 

Is this legal, or should the deposit be held by the third party?

 

Also, is TDS a company, or is it short for Tenancy Deposit Scheme? If so, can you register a rent with 'TDS'?

 

Thanks in advance.

 

Jeff

Edited February 23, 2009 by JeffW

[jb9]

Deposit can be held by the landlady but she *must* register that she has it with TDS. You should have received a certificate of registration from your landlady confirming this. There is lots of information about the scheme at TDS -Home

[Kraken1]

I think it depends on the actual scheme; there are a few.

 

If it is TDS then the deposit needs to be registered but is only handed over by the agent if there is a dispute. Until then the agent holds it as stakeholder.

[JeffW]

Thanks.

 

I haven't received a certificate.

 

Is there any way of verifying that she has in fact registered my deposit with TDS?

 

Regards

 

Jeff

 

Deposit can be held by the landlady but she *must* register that she has it with TDS. You should have received a certificate of registration from your landlady confirming this. There is lots of information about the scheme at TDS -Home

[Kraken1]

check with TDS

Edited February 26, 2009 by Kraken1
sense