deposit and LL selling

[Britneyfan]

hey looked around couldnt find my exact situation. My landlord has nearly sold his property i think we are gonna be given our notice within the next week, with this i was wondering if we should be recieve our full deposit back, it should be in a scheme through the estate agent. there are a few things that need doin to the house maybe bit paint and bit filler here and there, but i dont want to do this if the new owners are gonna just knock walls down and redecorate anyway. im willing to scrub and hoover.

whats the chances of me receiving a full deposit back ? is it the landlords duty to say about deductions or is it the estate agent ? house was rented with full 11 page inventory.

thanks

[Guest Old_andrew2018]

when did you sign your agreement

[JimmySpangle]

Given your notice under what basis? He cannot evict you because he is selling! He can apply for eviction if you are 2 months in arrears with your rent or if he intends to move back in and it is his only home. Not just because he is selling.

[Kentish Lass]

Given your notice under what basis? He cannot evict you because he is selling! He can apply for eviction if you are 2 months in arrears with your rent or if he intends to move back in and it is his only home. Not just because he is selling.

 

Err, not quite right here. Assuming you are paying rent monthly:

 

If you are within the fixed term of an Assured Shorthold Tenancy and your rent payments are up to date, then your LL can issue a s.21 notice giving 2 months notice for possession, such notice to end on or after the last day of the AST term.

 

If you are no longer under an AST, then your tenancy has become periodic. Under a periodic tenancy, LL can issue a s.21 notice giving 2 months notice for possession, such notice to end on or after the last day of a rental period. (e.g. if your AST ended on 25th September, the notice would have to give you 2 months notice, to end on or after 24th of the month.)

 

That sounds like a pretty detailed inventory. I assume you signed your agreement to it and have a copy? It is likely that deductions will be made if the condition of the property at the end of the tenancy is not as it was at the beginning - allowing for fair wear and tear. I should study your copy of the check-in inventory and take a look. What the LL or the purchaser plans to do is irrelevant.

[bedlington83]

Given your notice under what basis?

Section 21 of the housing act

He cannot evict you because he is selling!

He can evict for no reason at all provided that he follows the correct procedures and the tenancy is periodic

or if he intends to move back in and it is his only home.

Did you make this up or do you genuinely believe it? If it's the landlords only home, who's living there?

[Britneyfan]

sorry forgot i posted on here moving out in 1 month today, basically theres a few things that need doing that i dont overally wanna do unless i have to, yes very detailed inventory that i will be going through, but who has the say about deductions estate agent or LL ? ok fair few marks on walls which i assume is wear and tear, got little hole in one wall that could be filled, few other bits like that, few handles on the windows (3) have broken still work but not full handle, carpets got bit wax on em (could get that off hairdryer?) one wall marked with blu tack (not wear and tear)? lots little bits like this and the house just needs a bloody good dust, hoover and clean, which i will do. Light fixture missing (it broke when changing bulb)

 

Can they take any deposit for these things ?? or similar? and as the LL will not be carryin out any of these things as he no longer owns the house, would he or could he take deposit for this ??

also we have smoked in the house when we shouldnt if they found this out could they take all our deposit ?

 

its just little bits and bobs, but i know what estate agents are like they end up chargin us half our deposit for all these bits !

 

we have lived there 2 years now and it wasnt in the best condition when we got there but inventory says all this about condition, it probably needed redecorating or at least lick paint years before we moved in.

Edited January 13, 2010 by Britneyfan