Deposit not protected - take landlord to court?

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    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?


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


        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.


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


            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


              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?
              Date you gave notice?
              Date of expiry of your notice?
              Date you actually moved out?

              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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