landlord

[sweet tooth]

hi my daughter and partner just moved out of their rented acommadation privatley owned they paid 500 pounds bond the landlord is refuseing to pay it back they gave him plenty of notice to quit and left house as it was when they moved in. who do they seek advice from to get money back. they called citizen advice told to speak solicitor but carnt find one that deals with matter.

[lawlaw83]

I had the same problem when I moved out of rented accomadation. Basically the landlord has to advise you in writting within 30days of moving out of any reasons for withholding the deposit, you will then have the option to object to the comments or agree to them. If you object then this is automatically delt with by an indapendant advisor and they will assess the disputes and make a decision as to whether the deposit should be returned. If you have not rec'd a response within the 30days then you would need to take legal advice. Hope this helps

[buildersmate]

The law changed on1st April 2007 (yes, seven) to make it hard for landlords to hang on to these deposits. If her rental agreement started since this date her position is much stronger - can't remember any more of the details.

[Motoxchick25]

Basically in April 2007 a law was brought it that any deposit taken from a tenant has to be put into a Government Tenancy deposit scheme (look on direct.gov website for more info). These were brought in to stop situations like this happening. If they haven't protected it (which it sounds like this hasn't happened) then your daughter can go to the local county court and apply for a judgement, which would award her 3 times the amount of the depoist plus return the orignial deposit. If anything else it could be a good barginning tool. My suggestion is go back to your local CAB and find out what your next steps could be. Good Luck xx

[Twenty20]

You say they gave notice to quit - was this in line with their AST? Had they come to the end of a fixed term or were they in a periodic tenancy (i.e. gone past the fixed term and not signed a new agreement)?

If they have left the property during a fixed term or without keeping to the terms of the AST then the Landlord can withhold the deposit in lieu of the missing rent.

If, on the other hand, they have done it strictly by the rules and left at the end of the fixed term or by giving at least a months notice ending on a rent day if in a periodic tenancy, then they probably have justification in requesting the deposit back. It really depends on these factors.

When did the tenancy start, how long for, when did they leave, what notice did they give and, yes, was the deposit protected?

[BRAVO1]

Go to the County Court and ask advice on taking a CCJ out against the landlord.

Don't forget - ALWAYS take pictures of a place when you move in - ALWAYS take pictures when you move out.

Remember WEAR AND TEAR - Is the place clean, are the carpets clean is it in good repair, no smashed doors or ripped wallpaper.

I rent my 3 houses, and the deposit covers the damage I have to repair when people leave.

Good luck