Landlord refusing to pay back deposit :(

[srinivas]

Hi,
I just wanted to ask you one last thing. The letter he gave me said that the contract will be terminated by both parties on 21-05-2012 at the house. Does this mean the contract is terminated automatically on the said date and he did not need to give me another letter saying so on the 21st. So sorry to bother you but I am in a fix and dont want to get in to another mess.

[srinivas]

Hi,
I don't think you fully understood what the issue here was. When I decided to move out, I asked him what my options were and he told me a months notice would be enough, although he also stated that I could move out earlier provided I find a replacement tenant. I said i'll try but cannot promise. He agreed and started advertising himself and a lot of people were viewing the room when I was living there. A week before I left the place he asks me for the £85 pounds for the extra week so I did give it to him on the condition that he return my full deposit when I left. He agreed, but on the day I was leaving he did not have it, and it's been 4 weeks now and I still don't have it. The reason I withheld the keys is because I knew he would try to pull something like this. how is this fair on his part? For all I know he already has a tenant and made off with my £340 as well.

[srinivas]

Hi,
thank you very much for the advice I will let you know about the outcome soon. Thanks again.

[westminster]

According to OP he only gave verbal, not written notice, contrary to contract, and LL only gave written confirmation that he would return deposit on a specific date, not that he accepted Ts Notice.
I despair when people want hotel accom from res LLs, and why LLs accept such Ts, unless they are running a hostel.
Both seem confused with diff between a T & lodger
OP was a lodger, with min rights, living in someone elses home, by agreement. Breaks this agreement (contract). LL is entitled to some comp for breach of Contract, but not properly negotiated, IMO

Yes, the LL handled it badly by agreeing to return the deposit. OP seems to feel hard done by, when he is the one who gave notice a week after moving in, then threatened to withhold the keys. Hardly surprising that the LL wasn't overjoyed.

[Snorkerz]

The letter is more powerful than being able to prove the room was re-let. So long as it doesn't say 'you can have your deposit back on 5/5/12 providing I can find a new lodger' then you should have no problem. Follow my advice in post #2, and this may be useful too: http://tenancyanswers.ucoz.com/index...formation/0-53

There is no need for a solicitor, it is a simplified process, but it may be an idea to see if your local library has a book on the 'small claims process'. I have one by 'Pearl and Goodman' called "Small Claims Procedure: A Practical Guide"

[srinivas]

I agree to have breached the contract, but only did so because he agreed to my verbal notice. The only reason I agreed to move out was because he agreed to return my deposit as well. Now what I have in hand is a letter which states the terminationof the contract and also a written statement of deposit return. The problem here is that I feel the landlord has deliberately done this and is nicking my deposit even after finding a new tenant of who I would have no clue about about because I don't live there anymore. So if I go to court could he just say he had an empty room for a while and counter-claim. The only thing I really have in my favour is the letters he gave me,but I dont know if I can win a case with that

[mariner]

According to OP he only gave verbal, not written notice, contrary to contract, and LL only gave written confirmation that he would return deposit on a specific date, not that he accepted Ts Notice.
I despair when people want hotel accom from res LLs, and why LLs accept such Ts, unless they are running a hostel.
Both seem confused with diff between a T & lodger
OP was a lodger, with min rights, living in someone elses home, by agreement. Breaks this agreement (contract). LL is entitled to some comp for breach of Contract, but not properly negotiated, IMO

[srinivas]

So would it be ok to threaten the guy with a formal letter and then go to court if he does not pay up. What are my chances of winning. I really don't want to lose more than what I already have especially to a dishonest man like him. I appreciate the the help. Thank you very much

[Snorkerz]

Nothing there to suggest you had exclusive use of, so yes, as you originally stated, you were an excluded occupier.

[srinivas]

Hi, thanks for getting back,
It says,
Agreement for letting furnished accommodation at xx street on the first page.
The second page states again that:
Property - xx street
Contents - The fixtures and fittings at the property together with any other items as listed in the inventory which isattached to this agreement.(There was no inventory carried out when I moved in)
Also on the third page it states that
The landlord agrees to let and the tenant agrees to take the property and contents for the term at the rent payable asstated on page 2 of this agreement.
The following are the things which are included/not included
Not included - Food, room cleaning,
Included - Bedding, table, closet
Basically the landlord lived on ground floor with his wife and 3 tenants lived on the top floor with exclusive use to a bathroom. All three of the tenants shared the kitchen with the landlord and his family.

[Snorkerz]

In the AST he has provided me, it states that.
Not to end the tenancy prior to the end of the fixed term without the written permission of the landlord, such permission will not be unreasonably withheld and to compensate the landlord all costs incurred with finding a replacement tenant. Where the tenant wishes to terminate the contract prior to the end of the fixed term and where the landlord has agreed in writing. The tenant must give at least 1 months notice in writing to the landlord.
I have just given him a verbal notice and not a written one, but would this be applicable in my case. The reason I ask is because the contract he has provided me with and my tenancy status is completely different and hence misleading to me as a tenant. Please let me know.

Any terms that you have agreed to in the contract stand.

The fact it says 'Assured Shorthold Tenancy" on the top does not make it an Assured Shorthold Tenancy, but it is still a contract that you have agreed to.

If you took the lable off a tin of custard, and wrote 'beans' on the tin, that wouldn't make it a tin of beans!

I think it is important to clarify one important point - you are not a tenant - that is dicated by your status, not what it says on a piece of paper.

There is only one thing that could possibly change this. Does it state anywhere on your written ageement that you have exclusive use of any pert of the property? Also, can you clarify if any food was included? room cleaning? Bedding laundry?

[srinivas]

In the AST he has provided me, it states that.
Not to end the tenancy prior to the end of the fixed term without the written permission of the landlord, such permission will not be unreasonably withheld and to compensate the landlord all costs incurred with finding a replacement tenant. Where the tenant wishes to terminate the contract prior to the end of the fixed term and where the landlord has agreed in writing. The tenant must give at least 1 months notice in writing to the landlord.
I have just given him a verbal notice and not a written one, but would this be applicable in my case. The reason I ask is because the contract he has provided me with and my tenancy status is completely different and hence misleading to me as a tenant. Please let me know.

[Snorkerz]

1. The false contract he has given me(AST) while I was a excluded tenant. Would that bear any weight?
2. The letter from him stating the termination of the contract and deposit refund.
3. Another letter changing the date of deposit refund twice.

2 & 3 = good
1 = irrelevant

[Snorkerz]

So then, the agreement for the OP to of stayed in the property until July is still valid. So technically if the LL had not agreed to let the lodger leave early then the LL is within his every right to take the lodger to court for the rest of the rent in accordance with the signed agreement. So OP just needs the evidence that the LL agreed to terminate the contract early, and to pay the deposit back. If I was the LL I would of personally agreed expenses to be deducted from the deposit such as loss of rent between lodgers and cost of advertising to find a new one.

Not quite.

With a tenancy there is no doubt that if a tenant leaves mid-term, the landlord can treat the tenancy as continuing and therefore rent will continue to be due. Most landlords in the situation decide that it is not the best way forward, but they can do that and the court would have no problem with it.

In this instance, it isn't a tenancy, therefore the 'worst' it is is breach of contract. In that case tha landlord can pursue for any financial loss that the breach has caused but unlike above, he has to minimise (mitigate) that loss. It is not an option to just sit back until the end of the contract, the landlord has to seek a replacement lodger ASAP.

[srinivas]

Hi,

Thank you very much for the advice.
I believe I have enough evidence.
1. The false contract he has given me(AST) while I was a excluded tenant. Would that bear any weight?
2. The letter from him stating the termination of the contract and deposit refund.
3. Another letter changing the date of deposit refund twice.