Returning a Security Deposit - UK

Discussion in 'General Property Investment Discussion' started by Nicholas Wallwork, Jun 10, 2017.

  1. Nicholas Wallwork

    Nicholas Wallwork Editor-in-Chief Staff Member Premium Member

    I don't think you've helped yourself by not signing the tenancy agreement intentionally... you've set the tone for a problematic relationship by doing that in my opinion...

    Have you got a signed agreement from the landlady? If so she legally has to protect the deposit with a protection scheme (DPS like Mydeposits.co.uk for example). If you have a signed AST from her then you have a strong case to ask for the full amount back otherwise she could face a penalty (of 3x the deposit from memory) as a fine... check the below site for all the exact fines and rules your landlord needed to have carried out:

    https://www.gov.uk/tenancy-deposit-protection/overview

    IF you have no signed tenancy, the landlord (if unscrupulous!) could argue you didn't pay a deposit, were just "renting as a tenancy at will" etc meaning you'd have to go to court. With a court fee it simply wouldn't be worth the stress of fight I'd suggest...

    If you do have a signed agreement then you can state the relevant rules and fines to your landlord and that should cause her to pay the £100 back as she will realise she is in the wrong...

    Let us know how you get on!



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  2. Anon Private

    Anon Private Member

    I don't think that I have made myself clear.

    I did not move in, and rented elsewhere. Hence, I did not need to sign a tenancy agreement with that landlord.

    The landlord wants to subtract £100 for the work, including travel, that she and her husband undertook, and for the inconvenience of the current tenants who, evidently, went to some trouble in the expectation that I would be moving in. Further, she takes the view that I did not complete my contract. From my point of view, I did not start the tenancy, and went elsewhere instead.

    Since I did not begin the tenancy, I don't think the deposit was protected.

    I am wondering whether to just accept the £100 loss from the security deposit
     
  3. Nicholas Wallwork

    Nicholas Wallwork Editor-in-Chief Staff Member Premium Member

    Ah ok sorry I understand now...

    Morally I personally think it's a fair admin charge as it sounds potentially like you (all be it not intentionally) messed them all around a little...

    I'd personally drop it and say sorry for wasting their time and potentially loosing them a few days rent holding the room for you...

    Legally as per my advice earlier it's going to be extremely difficult to argue the terms of the deposit as there is no signed agreement between the two of you...

    That's my advice but I'm not a lawyer and as it's such a small amount of money the court and legal fees and your time aren't worth pushing it in any event...


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  4. Anon Private

    Anon Private Member

    Thank you for your advice.

    Best wishes.
     
  5. Nicholas Wallwork

    Nicholas Wallwork Editor-in-Chief Staff Member Premium Member

    No problem...


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