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Withhold deposit?

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67 views 1 replies latest reply: 07 November 2016
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Tenant

Hi

I currently rent a property but have purchased a new house. I asked the landlord via the agent to put me on to a 1 month rolling agreement but they refused. instead they offered me a 3 month agreement only which would take me up until the end of January. The problem I have is that my new property is ready to move into Mid December. I have rented this place for 3 years and been a very good tenant so this has annoyed me somewhat. However it just so happens I have not signed the new tenancy agreement.

What would happen if I refused to sign the new agreement? I am still obviously paying my rent and will do including December but I don’t want to pay rent for January when it’ll be empty.

I have asked the agent to market the property and told them I will be moving out in December but they ate chasing the new tenancy agreement.

Can the landlord keep my deposit even though I am not in contract at the moment?

Any advice appreciated

Thanks

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Tenant

Okay here is the deal: 

Nothing happens if you don’t sign the new tenancy agreement. Provided your current tenancy agreement has a fixed term due to expire, the tenancy is going to roll into periodic tenancy with a one month tenancy period. 

This is just what you asked for, so it’s good so far. 

However, the landlord may choose to evict you for not complying and not signing the new tenancy agreement. In this case, they must serve you a Section 21 notice with two months of time before you need to leave. 

The Section 21 is essentially just officially asking you to leave, so the real eviction procedure only starts after these two months expire. This is the law. 

This is just the two months you needed. 

Your background record will remain good because you were never officially evicted by the court. AND you can just the same claim your deposit returned. 

Being evicted / leaving on your own and the deposit are two separate things. If there is no outstanding rent or bills and no material damage on the property, you’re very well looking at getting all of your deposit back. 

For your security, you need to look at how and where your deposit is protected. Having it with a scheme is essential to receiving a fair treatment regarding any deductions. 

Here is some more info:

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-protection-schemes/

http://www.thetenantsvoice.co.uk/advice_from_us/deposit-disputes-3/

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