Deposit not protected - take landlord to court?

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    #16
    Originally posted by laura243 View Post
    Date fixed term commenced (dd/mm/yy)? 02/11/10
    Is this date correct?
    Are all the other dates you've given correct?

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      #17
      No.apologies, I meant 02/11/09!!

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        #18
        Originally posted by laura243 View Post
        surely I can't lose if the facts are there in black and white?
        You realy need to wait for the High Courts decision on Potts v Densley & Pays.

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          #19
          What is this and when is this decision due do you know?

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            #20
            It is a High Court case that was heard some months ago. It will set a precedent (unless appealed) to decide if it is okay for a LL to protect a deposit after the end of a tenancy.

            It is not clear when the decision will be announced, but it can't be long - it was imminent when this was published almost 2 months ago http://blog.painsmith.co.uk/2011/02/...n-hq%e2%80%a6/

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              #21
              Originally posted by laura243 View Post
              The problem is I have just moved out of a property I rented for 16 months and found out the landlord has not protected my deposit, I paid him £470 and he has given me £190 back, £230 has been taken off for not giving enough notice
              Date fixed term commenced (dd/mm/yy)? 02/11/09
              Length of term (and whether an expiry date is specified)?
              6 months, no expiry date specified
              Rent payable monthly/weekly?
              Monthly
              Date you gave notice?
              10/03/11
              Date of expiry of your notice?
              10/04/11
              Date you actually moved out?
              02/04/11

              So, the fixed term expired 1st May 2010, and the tenancy became periodic thereafter, with tenancy periods running 2nd - 1st of the month.

              Your notice to quit should have given LL at least one month, also expiring at the end of a tenancy period, i.e. on the 1st of the month.

              You gave notice on 10th March 2011. The earliest this notice could expire would be 1st May 2011; therefore, you are liable for rent in lieu of notice up to that date.

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