Renting with no agreement and no dps

[idnotfree]

Hi All,

I am renting for past 1 year. I paid one month's rent as deposit (£800) and rent in advance for the month (starting on 10th of the month). I was never given an agreement. After 4 months, when I repeatedly asked for it, I was given AST agreement with landlord's signature and my signatures are not taken by the landlord. There was only one copy and landlord even hasn't got a copy of the agreement.

I am leaving at the end of the month. I know that my deposit is not kept in DPS. I am worried that I might not get my deposit. I am hoping that I don't pay any rent for the current month and ask my landlord to adjust the deposit.

Can I do this? What rights I have with no contract and no DPS? If I do pay rent for the current month, what will I have to do to get my deposit?

Thanks,
T

[jeffrey]

1. You do have a Tenancy Agreement, even though it's only oral. An AST need not be in writing to be valid.
2. Who currently holds your deposit- L or L's Letting Agent?
3. If it is not returned to you, you can sue L for it- plus 3x deposit as a civil penalty. See threads re s.214(3)/214(4) of Housing Act 2004.

[idnotfree]

Many thanks for your note Jeffrey.

Deposit is with the landlord. There's no estate agent involved. I rented the house in response to internet advertisement.

Given this, is it safe to pay rent for the current month hoping I should be able to claim my deposit back from landlord?

[jeffrey]

Given this, is it safe to pay rent for the current month hoping I should be able to claim my deposit back from landlord?
If you don't pay, you'll be in default; and L might reasonably sue you.