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Rent in Advance claim from Landlord


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Hi All

 

I paid £850 deposit about 3 years back when I moved into a rented house. I have moved out of house this month and requesting them to pay my deposit back. Landlord and agency trying to avoid me and seems not in a mood to pay my money.

 

My money is not protected in any of the TDS schemes. When I send Agency and LL notice to pay my deposit or else I would go to court and claim 3x then agency told me that its not deposit its actually 2 months rent in advance. I have been paying rent each and evrymonth and also paid rent last month.

 

Please can some one advise if I should still go to court on completion of 14 days notice?

 

Also, I have not handed over keys as I have told them that I will give keys only when they pay my money back. Will this have any impact on my case when I go to court?

 

Regards

techTD

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So you made two months in advance.

Did you pay in advance from the second month.

sorry just trying to get what you had paid.

If you paid in advance they owe you for one months over payment.

I cant understand why they asked for two months upfront instead of one month rent and one month deposit.

Have you got proof of all payments and when payments were made.

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I suspect the 2 month rent in advance was to evade the tenancy deposit rules.

 

Unfortunately, recent case law indicates that you would struggle to get the 3x penalty because you have now moved out. However, you could sue for the deposit.

 

I guess you should write again and state that you would like your overpayment of rent back.

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Yes, When I moved in, first month I paid two months advance. From second month onwards I kept paying one month rent every month in advance. So basically they have had extra one month rent in advance.

 

Do you think the house keys can impact my case? I have not handed over keys yet.

 

Edit: I have paid rent each month online thru my bank account, I can get my bank statements.

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Have you and the agent clearly understood that you have moved out. The risk in keeping the keys is that they say that you haven't actually moved out (or they pay a lot of money to change the locks and take it out of your deposit). Personally I would return the keys.

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You certainly have good grounds on getting your one months over payment back, you could go down the small claims track. I would also give keys back asap. With a stern letter that they have so many days in paying back the over payment or you will start court proceedings via the small claims route.

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The most relevant case is:

 

gladehurst properties ltd v hashemi

 

See for example:

 

http://www.all4landlords.com/archives/4206

 

As far as most people are concerned, the judgement is technically bonkers. But essentially that is now the law unless and until the Localism Bill includes an amendment.

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