deposit difficult landlord!

[gemini]

hi there
i need some help. my land lord came to the property sometime back and mentioned that he will not be giving the deposit back if we left our child gates and shower rail as they 'alter' the property features! I mentioned to him that i would definately take them when i move as they are mine and i still need them. he asked why i had put up pictures on the wall [ these walls already had nails in them as he had left his own portraits which i exchanged for my family pictures].He later served me notice to move by the end of March coz he wanted to sell the flat.
My rent is due on the 4th. We are not in arrears. But I honestly dont think he will give me back my deposit due to all the little fuss he has been picking with me. i would like to know whether i can just ensure the house is cleaned [ there is nothing to reapair as well have been there for a very short time] and leave before the next rent is due but leave him with the deposit?

[Dan]

Gemini,
You need to provide details of your agreement with your Landlord. You say that you have been there a "very short time". How short? When was your agreement due to end? Do you wish to move out of your home?

[Paul_f]

:confused: Gemini - can you post the following information and I will tell you your rights?


When did your AST start?
When does/did the fixed term expire?
When did your landlord give you "notice"
In what format was it?
How much notice did you receive?
Does it say on your AST how the deposit is held, such as stakeholder or agent of the landlord? How much is it?


I will then try and help you further.

[gemini]

thanks for taking time to answer guys.

1.When did your AST start?... IT STARTED 26TH AUG 04

2.When does/did the fixed term expire?... IT THEN BECAME PERIODIC COZ HE WANTED TO SELL.

3.When did your landlord give you "notice"... HE FIRST GAVE NOTICE IN DEC BUT THE NOTICE WAS INVALID SO HE WENT AND GOT A SOLICITOR WHO ISSUED IT ON 25 JAN 05

4.In what format was it? IT WAS THE SECTION 21

5.How much notice did you receive? 2 MONTHS

6.Does it say on your AST how the deposit is held, such as stakeholder or agent of the landlord? How much is it?ITS £1000 AND IT JUST SAYS AGENT TAKES DEPOSIT ON BEHALF OF LL TO SECURE TANANTS PERFORMANCE...

When we asked about the deposit, he said he had to get a solicitor so he doubts we would be getting it. the rent goes out on the 4th coz the house was not ready a week before that.

We have been in the property for
1,6 months [ with viewings going on constantly so no chance of slacking there!]

thanks again

[MrWoof]

Gemini, you haven't answered Paul's question, what was the original term, we can assume six months but is this correct? It is this date which determines whether the tenancy is periodic or not. You have not done anything to warrant legal action so he can't claim solicitor's fees for a section 21 from your deposit, only damages or arrears.

Plenty of people will correct me if I'm wrong but if your agreement started on the 26th August but you could not move in until the 4th September because the property was not ready, I would have thought that was an illegal agreement, that really justifies a solicitor and no, he still can't claim those expenses from your deposit.

[Paul_f]

Gemini. You don't have to let anyone in the house to view as potential buyers. I've posted lots about this, and even today on another thread.

Your deposit is silent as to how it's held therefore you might have a case to suggest it is held as stakeholder. This means you have to agree to any deductions by the landlord in advance. Try to get the landlord to state in writing that the deposit is held as stakeholder as that will reinforce your position.

As the rent is paid on 4th of the month did you in fact not move in until 4th September or did you take possession on 26th August (or any other date?). This is very important.

When I ask a question please give me a full answer. As Mr Woof says you didn't answer one!

[gemini]

Hi Paul thanks for replying but the truth is that i did answer your questions ,[if you look at the above thread you will notice your questions numbered and my answers in caps.] Unless you mean i answered them all wrong but i did answer them. Never mind anyway, i have sorted it out.