Help please - LL not refunding deposit

[Shazah]

What can one do if a landlord refuses to return your deposit after you have left the property because of damp/mold affecting your health?

A six month lease was entered into in May 2004 which expired in October 2004 which then reverted to a month to month rental. The agents were notified that the condensation adn dampin the house was becoming unbearable and starting to affect the health of the tenants. The agents supplied a dehumidifier in December. From December 2004 until 12 March 2005 90 litres of water was extracted from the dehumidifier. The tenants gave notice on 24th February that they would vacate the premises on 31 March 2005 and also gave the reasons as being mold and damp and saying that the landlord would need to fix the problem. It was so bad that the clothes cupboard was mouldy and the tenants clothes and shoes had gone mouldy as well.

When the keys were handed back photographs and a letter explaining the reson for early departure were given to the agent who was really shocked at the state of the damp. The tenants bed, bookshelf, clothes etc were all damaged by mould.

Now the landlord refuses to return the deposit because they did not give a full two months notice. What can be done?

[zoe]

small claims court.

[P.Pilcher]

And just to clarify matters further, unless your original AST specified that two months notice was required from the tenant if they wished to leave, a tenant only has to give one month's notice that they intend to do so. as Zoe says: www.moneyclaim.gov.uk

P.P.

[Jennifer_M]

Tenants don't have to give 2 months notice but just 1 month when it's a periodic tenancy.

Write a letter giving the LL a certain delay (7 - 14 days) to refund the deposit or you'll take him to court.
And if he doesn't send it back, as Zoe says: small claims court

http://www.landlordzone.co.uk/notice_to_quit.htm

[Shazah]

Oh yes, forgot to add -

The landlord wouldn't extend lease as they were putting the place on the market again which they were only told after they had been living there a few months. The gas fire was not allowed to be used due to no ventilation in the lounge - the only thing you could open was the outside door. (only mentioned after the lease was signed - when they asked the agent on viewing the place he said it was fine) very handy in winter!

They had prospective buyers traipsing through the house continuously. They were called anytime of the day to say that someone would be viewing in a few hours. Never did the tenants complain. They tried to be as flexible as possible. One agent even phoned while driving down the street - oh they were in the area could they pop in to view?

One agent said 'how she was expected to sell the place with all their stuff in it was beyond her!!!!!'

[Jennifer_M]

All this wouldn't add any weight in the balance. The deposit is due back, that's final.

If the tenants put up with the viewings and stuff, they can't complain now they are out. They could have refused the viewings at the time but now it's just a bitter memory, no more no less.

The best way to do it is be "professional", stick to the point.