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Refuse to give my deposit

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440 views 1 replies latest reply: 13 October 2016


Im contacting you because I need your advice.

On the 16th September 2015, I signed a tenancy agreement for a flat in Manchester and agreed with the landlord that I would stay only a year, as I’m a foreign student. In August 2016, I noticed that I forgot to send her a written notice about me leaving the flat and I sent her a text to remind her I would leave on the 16th September 2016. After reading my contract, I noticed that I don’t have any end date nor any break clause, so I’m trying to contact her again, but she failed to reply to any of my texts. On the 14th September, she finally answered, saying she would come to check the flat on the 16th. She came, took one set of keys and agreed that I could stay 3 more days because I was working and my flight back to France was 3 days after. On the next Monday, three days after I tried to get in touch with her again, to give her the last set of keys, but she never replied and I had to leave the keys in the mail box, as I was leaving… 

Then, a few days after, I texted her to know if she was able to get the keys back and if she knew when I could get my deposit back. She replied that her accountant and husband thought I should have give her a 2months notice and so that she wouldn’t be able to give it to me. Following that, I asked her if I could get in touch with her husband (she told me it was out of her hand and that he was the one in charge of the contract) but she refused to give me his phone number or email address.

After this, she said it was because I was late to pay my rent a couple of times and that she could even ask me to pay some More charges. However, she never wrote anything to me (No reminder or notice) about it, and I always let her know when I was late, she never ever replied. She wasn’t even concerned by it so I guess it’s too late for her to ask me to pay charges (there is nothing written about this on my agreement).

Moreover, she never protected my deposit, even if she said she did (only two days ago), I know she didn’t and she doesn’t want me to know the scheme she used. Now, she’s afraid I could go to court, she is trying to scare me, talking about council tax (which I didn’t pay as I was a student, and my flatmate paid, she still has the papers and receipts as proof). She is being a bit offensive. I don’t really know what to do.

Im afraid she could create fake paperwork… she didn’t make me sign anything when she came to do the check out… she could say she never came, didn’t agree for me to leave and that I put the 2 sets of keys in the mail box, I won’t be able to argue as I don’t have any proof either… 

In short, her first reason was the written notice I didn’t send, then late rental payments (never more than a week and she knew it) and now something about the council tax…

She owes me £825 which is a lot and I’m afraid I will never have my money again… 

Do you think I could loose the case?



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If you signed a fixed term tenancy, you’re perfectly entitled to walk out on the last day of that fixed term with no notice. It’s not polite, but you can, and you made the arrangements to let her know and she knew and accepted it. The tenancy was surrendered. 

Two months of notice is over the top. The default is one month, so you might even counter that as being an unfair clause in the tenancy agreement (if it ever was in the tenancy agreement). But again, you’re allowed to leave on the last day, your landlord knew and accepted it. 

She never protected her deposit – that’s her problem. You can take her to court for up to 3 times the amount. No matter what you did or did not do, this penalty is unrefutable if you can prove it, and you can – easily. I suggest to just negotiate for your full deposit back and be done with her. 

Bottom line – don’t get hustled out of your money. Stand your ground, threaten legal action and demand you money back. 

Here are a few links for you:

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