Security deposit

[Murkie]

Hi all.

 

Early this year I moved into a room in a shared house. I paid a deposit plus a months rent and signed a 6 month contract.

After living in the room for 1 week I found out that the rest of the household enjoyed to smoke cannabis freely around the house. As my employer has a drugs policy I decided to make arrangments to move out.

 

I explained to the landlord that I wanted to leave the house without giving the reason of the drug use - mainly due to the fact that as I was still living in the house I didn't want to risk putting myself in any sort of danager should the LL take action against this.

 

Once I had moved out about 1 week before the end of the 1st month I contacted the LL and explained the drug use and told him that I thought it would be unfair to expect me to continue to pay rent. He told me the room was being relisted and that we would discuss the rent issue "as it comes up."

 

This was at the end of July. I hadn't heard anything from the LL until yesterday when I phoned him to ask for my deposit to be returned.

His answer was an out-right "no" as he claimed he was using it to cover the unpaid rent for August and that if I was going to start "being like that" he would draw up a list for unpaid rent (which would now also include September as he claims the room is still not rented out).

 

I have never recieved the "Prescribed details" for my deposit and have checked on all 3 websites to try and find out if it was secured but there are no records for it, though he claims the deposit was secured but he has now unsecured it. I asked the LL over the phone a number of times for the reference number and the name of the scheme, but he is ignoring this request and constantly asking for my current address so he can send the relevent paperwork (not sure what he means by this),

 

I have also sent a recored delivery letter requesting the same plus the return of my deposit.

 

My next step is to contact the deposit schemes by phone and make a visit to the CAB before possibly taking the case to court.

 

What do you think my chances are? Even assuming that he did secure my deposit, he has never contacted me regarding overdue rent or that he was intending to keep my deposit.

 

Thanks

[Conniff]

You should tell him that you want the return within 48 or you will report him to the police as allowing his house to be used for drugs use. As you have told him about the drugs, you have every right to report this to the police anyway.

[Murkie]

When I told him about it he claimed to be unaware and that he would be taking action over it. I haven't followed up on this and I have no idea if he did investigate the issue.

[Conniff]

Well he has been aware since you told him, so tell him you are reporting it anyway.

[Murkie]

Hi conniff, thanks for the replies.

 

I've been informed that my surrender may have already been implicitly accepted by the LL. I moved my belongings out of the room in the 2nd week of the 1st month of the tenancy. I cleaned the room and left the keys at the house - telling the LL where to find them. He accepted this without arguement.

 

According to w w w . letlink.co.uk/articles/topic-introductions/surrender. html

 

"In order for the circumstances to imply that both parties agree to a surrender, it is important that the actions of both parties show that they consider the tenancy to be at an end. The conduct of the parties has to be unequivocal, such as the tenant returning the keys to the landlord or removing from the premises all signs of occupation, including furniture, belongings and any family, friends or pets who were living with him. The landlord must then clearly accept the tenant’s surrender, such as by accepting the keys."

 

Does this mean that as of the 2nd week, when I returned the keys I ceased to be responsible for the rent?

 

Thanks again.

 

(had to break the link up so I could post it)

[mariner51]

IMO you did not return the keys, you left them in the property for someone to find. You did not give due Notice in writing and T not accepted by Deed of Surrender. I appreciate your drugs dilemma so why not invite LL round while the aroma still limgered or report to BiB?

[Murkie]

IMO you did not return the keys, you left them in the property for someone to find. You did not give due Notice in writing and T not accepted by Deed of Surrender. I appreciate your drugs dilemma so why not invite LL round while the aroma still limgered or report to BiB?

 

I left the keys in a concealed place and phoned the LL to tell him where they were - this was exactly as he requested. I also have a record of text messege conversations with the LL as that was our primary way of communication. 1 text messege inparticular states my notice to leave, clear out the room and return the keys.