Deposit for new let if old L holds deposit on old let

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Deposit for new let if old L holds deposit on old let

    I have been given notice on my current flat which has 2 months of the tenancy left to run. A deposit was taken of double the monthly rent plus half a week, which in total equals 11 weeks rent.

    The letting agent inspected the property recently and has confirmed in writing that during the tenancy the rent has always been paid on time and in full and that the flat has been kept in an immaculate condition and that I have proved to be a good tenant.

    I have asked the letting agency that in view of this would they please return 5 weeks worth of the deposit as I need it to secure a new flat but they have refused. Without this money I am in a catch 22 situation as I cannot find £700 for another deposit plus moving costs and would be unable to move out.

    My rent is due in 4 days time and my only option is to not pay the rent and ask them to take it out of the deposit.

    Do you think that this is a reasonable step to take given that I would be reliant on the present letting agent to give me a good reference.

    #2
    This is a common problem, as deposits are rarely returnable in time for the next landlord. As you seem to be assured the full return of your deposit, maybe you could obtain a short-term loan off friends / credit card / overdraft or employer? This way you get to keep your good reference.

    Comment


      #3
      Landlord Issues

      Typical landlord trick.

      I would put to them in writing that you want a refund of the 5 weeks or that you are going to withold the last month's rent.

      Think of your next move and secure that first.

      Keep all details of any correspondence too.

      IE

      Comment


        #4
        Originally posted by Ian1000evans View Post
        Typical landlord trick.

        I would put to them in writing that you want a refund of the 5 weeks or that you are going to withold the last month's rent.

        Think of your next move and secure that first.

        Keep all details of any correspondence too.

        IE

        NO! Please stop advising tenants to break contracts. Witholding rent is - or should be - a serious action, only contemplated if the LL is in breach of contract himself and is ignoring all requests to remedy a serious situation (e.g no heating for weeks on end in mid-winter).

        It is not a remedy for the normal system of waiting to release a tenancy deposit until after the T has moved out.

        If T does withold rent, he risks being sued for its return and being refused a reference for his next home. Stupid move. He should get a loan, as advised above - or move back in with family/friends until he has got the deposit back.
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Originally posted by Ian1000evans View Post
          Typical landlord trick.

          I would put to them in writing that you want a refund of the 5 weeks or that you are going to withold the last month's rent.

          Think of your next move and secure that first.

          Keep all details of any correspondence too.
          tut! tut!! tut!!!

          T needs to keep to terms of contract. Not paying the last months rent is only going to put OP in breach, AND may result in a bad reference anyway. Then what?

          Deposits are only to be returned at the end of a tenancy, after tenant has vacated and agreement reached on whether deductions are to be made or not.

          I've just had a tenant do that, cancel the DD, not pay last rent, then request a reference etc. at the advice of someone from the council (so he said). Do you think he got a reference?

          Comment


            #6
            Why did you agree to give 11 weeks rent as deposit?

            In any event, if you agreed to the deposit, you agreed to the terms of the deposit, which is is not usually returnable until after you have vacated, as then it would not be serving the purpose for which it is intended.

            The recent inspection is of no consequence because while you are in possession of the property, you are solely responsible for it and thus the deposit must be held until you hand over possession of the property to the agency/LL and it is inspected for condition, etc.

            Anyone who gives back a deposit before a tenant has left is leaving themselves open to untold damages/costs as the tenant has nothing material to stop them from being irresponsible, careless or malicious.

            If you are working, may I suggest that you should have some savings for "unknown events", such as this, since you would have know the terms of the deposit at the time you gave it or when you took possession of the property and had your lease in front of you.

            Withholding rent is a breach of the lease that you signed and it will hurt you down the road, including your next home.
            Please ignore the 'advice' form those who tell you otherwise.

            Comment


              #7
              Pitfalls of renting a property that is currently on the market for sale

              Hi, some advice on the following would be greatly appreciated.

              My current tenancy is coming to an end in a months time and I have not been able to find at this point in time anything suitable for a long term let.

              I have viewed and been offered a property on a 3 month agreement and thereafter 1 month periodic. The reason being is that the property is up for sale and the vendor, having been unable to sell because of the current market has been advised by the Estate/letting agent to rent it short term to generate some cash.

              Apart from the possibility of it being only short term(but this will afford me some breathing space to find a long term rental) which will incur all the expenses of a new rental, does all the other legislation apply as would longer letting: ie; would the landlord still have to give 2 month notice period, serve S21 etc. As I understand it, the property is a 'legacy', so it is not the owners current home, but the home of a deceased relative. Sorry if I am not clear, but not sure what I should be asking or be aware of before I continue to proceed with the rental.

              thanks if you can help

              Comment


                #8
                The new landlord would not be able to serve you a S21 to leave before a minimum six months anyway, that's the law.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  Originally posted by jta View Post
                  The new landlord would not be able to serve you a S21 to leave before a minimum six months anyway, that's the law.
                  No, it's not. L can serve a s.21 Notice at any time after an AST begins. Even a Possession Order can be sought during an AST's fixed term.
                  What L cannot do is to obtain such Order that's operative during such fixed term.
                  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


                    #10
                    Also, L could let on an SAT (still within the Housing Act 1988). There's no minimum possession period for these.
                    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


                      #11
                      Originally posted by jeffrey View Post
                      Also, L could let on an SAT (still within the Housing Act 1988). There's no minimum possession period for these.
                      But does a SAT not default to an implied AST if it not defined by one of the Schedule 1 exclusions? (that is a question btw, I don't know the answer)

                      Comment


                        #12
                        Originally posted by matthew_henson View Post
                        But does a SAT not default to an implied AST if it not defined by one of the Schedule 1 exclusions? (that is a question btw, I don't know the answer)
                        No. Analyse the position like this:
                        1. Is a specific Letting Agreement capable of being within the scope of the 1988 Act?
                        2. Look at s.1 and Schedule 1 to determine this.
                        3. So it's the Act (not the parties' actions) that defines whether a specific Letting Agreement is within the scope of the Act.
                        4. If the Act applies**, does the Letting Agreement constitute an AST?
                        5. Look at Schedule 2A to determine this.
                        6. So it's the parties' actions (not the Act) that define whether the Letting Agreement creates an AST or an SAT.

                        **- if it doesn't, the Letting Agreement is a common-law contractual arrangement.
                        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


                          #13
                          Originally posted by Newmarket View Post
                          Sorry if I am not clear, but not sure what I should be asking or be aware of before I continue to proceed with the rental.
                          Bottom line is that there's really no disadvantage to you in proceeding with it - you already know it's not going to be a long-term let, and that you are likely to be pestered by viewings, so that's fine. The only 'risk' here is borne by the landlords, ie that you might decide not to play ball and leave after 3 months.

                          Comment


                            #14
                            Not sure what a 'SAT' is - is this good or bad, better or worse than an AST?

                            Ericthelobster: What risk is there to the Landlord should I be difficult after 3 months and decide not to leave? This would not be my intention, but if I was difficult, what course would the landlord then have to follow to reclaim his property

                            Comment


                              #15
                              SAT=
                              Standard
                              Assured
                              Tenancy.

                              It means 'any tenancy that is within the Housing Act 1988 but is not an Assured Shorthold Tenancy (because of Schedule 2A to the Act)'.
                              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

                              Latest Activity

                              Collapse

                              Working...
                              X