Renting with no agreement and no dps

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  • Renting with no agreement and no dps

    Hi All,

    I am renting for past 1 year. I paid one month's rent as deposit (£800) and rent in advance for the month (starting on 10th of the month). I was never given an agreement. After 4 months, when I repeatedly asked for it, I was given AST agreement with landlord's signature and my signatures are not taken by the landlord. There was only one copy and landlord even hasn't got a copy of the agreement.

    I am leaving at the end of the month. I know that my deposit is not kept in DPS. I am worried that I might not get my deposit. I am hoping that I don't pay any rent for the current month and ask my landlord to adjust the deposit.

    Can I do this? What rights I have with no contract and no DPS? If I do pay rent for the current month, what will I have to do to get my deposit?

    Thanks,
    T

  • #2
    1. You do have a Tenancy Agreement, even though it's only oral. An AST need not be in writing to be valid.
    2. Who currently holds your deposit- L or L's Letting Agent?
    3. If it is not returned to you, you can sue L for it- plus 3x deposit as a civil penalty. See threads re s.214(3)/214(4) of Housing Act 2004.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Many thanks for your note Jeffrey.

      Deposit is with the landlord. There's no estate agent involved. I rented the house in response to internet advertisement.

      Given this, is it safe to pay rent for the current month hoping I should be able to claim my deposit back from landlord?

      Comment


      • #4
        Originally posted by idnotfree View Post
        Given this, is it safe to pay rent for the current month hoping I should be able to claim my deposit back from landlord?
        If you don't pay, you'll be in default; and L might reasonably sue you.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

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