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afosa_ragazza | Am I responsible? Can she keep my deposit? |
I recently moved out of a property and still haven't had my deposit back. The guy who replaced me has moved out after 3 weeks and never signed a contract or gave a deposit. I'm not even sure if he paid rent for while he was living there. The other two guys who live there are now moving out but haven't found people to replace them. They have told the landlady to use their deposits for any repairs or lost rent which is fair enough but now the landlady says she's going to use my deposit too. Surely this is not right as I moved out and it is no longer my responsibility? Is there any way I can get my deposit back? My landlady seems to think that my ex housemates will pay me it but they have no money! I cannot afford to loose over £300 because of someone else's mess!
Additional Details
I gave my landlady a months written notice and she said it was ok for me to leave as long as someone moved in to replace me. I have lived there for over two years and have the contract updated this summer to include the new housemates (both of which had been living there for over a year!). We have never had an inventory of the house and it's contents and the landlady did not see the state of the house after I left so how can she prove any damages were made by me? |
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Landlord
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You are one of several on the lease?
Deposits are not returned until after everyone leaves. If you had previous roommates there you need to wait until everyone has left. Repairs are calculated at that time. |
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Erin R
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Usually when you move out you go through the place with the landlord and mark on a checklist the condition of everything and how your leaving it. If you dont agree with something she marks down there is a space where you can write down your opinions or comments.Then you both sign it and within approx. 30 days you should be sent a copy of the list and and a list of all the things repaired or worked on and receipts to prove what they did and how much money was spent.
If something is wrong then you are supposed to take them to court.
Check to see if you have a landlord and tenant board in your area that you could call or meet with someone who you can explain your situation and either help you or give you proper advice. |
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stephaniexxxxx
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Phone the citizen's advice bureau and they should be able to help.
On the day you left the property the landlord should have done a walkround with you and pointed out anything he/she wasn't happy with and justified keeping your deposit then - you should not have left without it!
http://www.bbc.co.uk/wales/x-ray/x_guides/renting/9-1.shtml
There is a link about getting your deposit back.
Hope you get it back - £300 is alot of money to loose for no reason!
xx |
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Dan B
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It sounds like you sub-let the property to someone else? You won't see your money because you are still responsible up to the end of the lease period. Anyone who moves into the property as a sub-lease and causes damage, you'll be responsible for unless you got your name removed from the lease. They would be considered housemates, not new renters. |
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Chris S
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Check your lease agreement. If you don't have one, you're probably not going to see that money. Even if you do, a bad landlord can make it absolute hell for you to get your deposit back. As much as I hate to say it, this might be an "educational investment"... |
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susie x ♥♥♥
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You had a contract. Unless she can prove you left the flat in a state of disrepair and had to use your deposit I think she has to return it. Go to your local CAB and speak to a solicitor who will give you better advice. |
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nutty_girl_2001
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It totally depends if you signed for the property together or not. IF you signed to rent the property as a group, you are ALL reliable for it - whether or not you have an idiot in the group who wants to screw you all over for their mess.
You don't phrase your question very clearly - can you explain things a bit more clearly?
Deposit money is supposed to be for repairs/damage - not missed rent. If tenants leave without paying rent this is still illegal. If you're in the UK, deposit money is held with a 3rd party and it only supposed to be released for proven damage, not to replace rent, and hence your 'mates' will be taken to court if they do not pay it.
You should have been given a certificate number for your protected deposit, and the name of the scheme it's held in (depending on when you signed your contract). If you have any disputes, ring your letting agent/landlord and try and settle them, otherwise it will lead to a delay in repayment while you go through the dispute. |
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stanworkshard
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iT ALL DEPENDS ON THE LEASE AGREEMENT BUT IF EVERY THING IS IN TIP TOP SHAPE (NO DAMAGES) YOU SHOULD BE ABLE TO HAVE YOUR DEPOSIT' , AS A MATTER OF FACT SHE SHOULD HAVE GAVE IT TO YOU WITHIN 7 DAYS OR SO DEPENDING ON LAW IN YOUR TOWN. |
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sheila.taylor84
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Sounds like a jointly made deposit, and if there was not a specific deposit made from you to the Landlady, then the way forward is to claim your portion back from your fellow housemates. If you are a named contributor on the deposit submission, you can appeal to the mananging company. E-mail if you want more detailed help. |
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stanthemansmum
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If you moved into the property after April 2007, you have her by the short and curlys!! By law she had to put your deposit in the Safe Deposit Scheme. If she didn't, and you do have a contract, get in touch with someone like Shelter or the local council's private tennant officer and see if you can take her to the small claims court - by law, if she hasn't protected your deposit, she has to pay you back three times the original amount. Because of her failure to do this, the judge has to order this money to be paid.
You got people to replace you - it's not your fault that there is so obviously something wrong with the property and landlord that no one will stay there! It is the landlady's business to pay you. No one elses. Get advice and don't let her get away with this. |
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reggie
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As the law stands and, more importantly,is interpreted, the landlord can do what he likes. You can go to the small claims court, but judges - well pretend judges cos they are only recorders, will rarely find for a tenant
I sued a former landlord and ended up being ordered to pay another £400 on top of losing my deposit to cover repair of damage caused by subsequent tenants. The landlord told the court that he'd only noticed the damage a year after I moved out! |
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Sal*UK
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Did you give her notice? Did you move out at the end of your tenancy agreement or before that date?? |
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