No contract but witholding bond …help ! | The Tenants' Voice
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No contract but witholding bond !

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437 views 1 replies latest reply: 07 October 2016

Hi all , my fiance has just moved out of a private rented house and the landlord is now trying to withold the bond for decorating and cleaning even though the house is in very good condition, i was flicking through the tenancy agreement earlier and noticed that it expired 6 months ago and my fiance informed me that the landlord said hed renew it but just never bothered 

This to me means that for the past 6 months her tenancy was terminated and as the landlord only has 28 days after termination to make a decision he now has no right to withold the bond , i dunno if im right but it seems pretty straight forward that if you dont renew your contract you are no longer tied by its restrictions and therefore no one has a right to hold you to its conditions….not to mention the fact that she has left over £400 worth of fixtures in the property which was agreed by the landlord , i really think hes just nit picking and being greedy but dont know where we stand , any help would be amazing …

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Nope. You’re fundamentally wrong about this.
Residential tenancies don’t expire out of existence. When your fixed term (in your case the 6 months in the contract) expires, the landlord can choose what to do – go for another fixed term or end the tenancy. However, if they do nothing, the tenancy rolls into a periodic tenancy. 
Periodic tenancies roll from month to month and continue indefinitely, until a new tenancy is created or either side terminates the contract. You have the same responsibilities AND rights, however, it’s more flexible for either side to end the tenancy.
So, the landlord is still in their rights to deduct some money out of the deposit. You can dispute these deductions in the deposit protection scheme, where the money was registered by the landlord.
Also check the inventory report and make sure you’re really not owing them this amount. Be realistic with yourself. Check the links I gave you for more information.

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