Can T keep key if L does not return Deposit on expiry?

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    Can T keep key if L does not return Deposit on expiry?

    On the last day - Landlord will have an inspection..I have no problem that damages to be deducted from the deposit..however im worried that he will not hand me over my deposit due to him believing i never paid rent for last month..

    so what should i do if i dont get my deposit...keep the keys? or give him the keys and sue him later?

    advice is appreciated.

    thanks

    #2
    Is your deposit protected in a scheme?
    '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

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      #3
      Originally posted by mind the gap View Post
      Is your deposit protected in a scheme?
      i dont think so.

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        #4
        Originally posted by ihatefraudandscams View Post
        i dont think so.
        Should it be? In other words, is it an AST in England or Wales with an annual rent rate below £25k? Did it begin after April 6 2007?
        '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

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          #5
          Originally posted by mind the gap View Post
          Should it be? In other words, is it an AST in England or Wales with an annual rent rate below £25k? Did it begin after April 6 2007?
          oh...its an AST England and Wales which has expired 2 + years ago ... thats all i know.

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            #6
            Originally posted by ihatefraudandscams View Post
            oh...its an AST England and Wales which has expired 2 + years ago ... thats all i know.
            What do you mean, that's all you know?! You must surely know when the original AST started?
            '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

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              #7
              Originally posted by mind the gap View Post
              What do you mean, that's all you know?! You must surely know when the original AST started?
              yes i know when it started after april 2007...

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                #8
                Originally posted by ihatefraudandscams View Post
                yes i know when it started after april 2007...
                OK. So the deposit should be protected in a scheme. Read about deposit protection here: http://www.direct.gov.uk/en/tenancydeposit/index.htm

                If it isn't protected (you can check with each of the three schemes), move out as planned, hand back the keys (otherwise you will continue to be liable for rent) and then send you LL a Letter Before Action advising that unless he returns your deposit in full within five days (give a date), you will sue him for its return and for three times its value - this is the penalty which can be imposed on LLs who fail to protect deposits.

                This usually galvanises sloppy landlords into returning your money pronto, but if it doesn't, it is quite easy to claim it back through an online claim. The 3x penalty is trickier, but you can claim for that too if you wish. (It's a different procedure though).
                '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

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                  #9
                  Originally posted by mind the gap View Post
                  OK. So the deposit should be protected in a scheme. Read about deposit protection here: http://www.direct.gov.uk/en/tenancydeposit/index.htm

                  If it isn't protected (you can check with each of the three schemes), move out as planned, hand back the keys (otherwise you will continue to be liable for rent) and then send you LL a Letter Before Action advising that unless he returns your deposit in full within five days (give a date), you will sue him for its return and for three times its value - this is the penalty which can be imposed on LLs who fail to protect deposits.

                  This usually galvanises sloppy landlords into returning your money pronto, but if it doesn't, it is quite easy to claim it back through an online claim. The 3x penalty is trickier, but you can claim for that too if you wish. (It's a different procedure though).
                  excellent.

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                    #10
                    This form will send an enquiry to all 3 schemes.

                    This Letter Before Action has worked for others on this site and elsewhere.

                    You are welcome to use either.

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                      #11
                      OP : Unless you can prove that you did in fact pay the last month's rent, however, your LL may of course counterclaim for that amount.
                      '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

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                        #12
                        Deja Vu

                        http://www.landlordzone.co.uk/forums...ad.php?t=28732
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

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                          #13
                          thanks everyone i have got my deposit and happy moved out

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