Landlord not returning deposit.

Mia85

I'm moving house and have given one month's notice. My landlord has said that unless I find someone to move in in my place, he will keep my deposit (one month's rent). Is that even legal? What can I do to get my deposit back without finding someone to move in!

Agent J

Mia85 wrote: »

I'm moving house and have given one month's notice. My landlord has said that unless I find someone to move in in my place, he will keep my deposit (one month's rent). Is that even legal? What can I do to get my deposit back without finding someone to move in!

It all depends on the terms of your lease.
If you are leaving outside of the terms of your lease then it is perfectly legal.

JJ

You should talk to Threshold. I had the same problem a few years ago and took my landlord to small claims court and got my deposit back eventually though it took about 9 months. You can't go through small claims anymore as they now have some new system for cases like these. I'm sure Threshold can fill you in.

The_Conductor

1. The purpose of the deposit is to ensure against damage over an above normal wear and tear in the rented accommodation. The landlord is not entitled to keep the deposit in lieu of rent- unless both tenant and landlord agree on this in advance.

2. If you signed a fixed term lease specifying a set rent- and are leaving prior to the expiration of this lease (be it a year, or whatever)- you may be liable for any periods of vacancy or any shortfall in the rent under what you are contractually obliged to pay through to the end of your lease.

It all depends on what your lease says. You are perfectly entitled to give specified notice (the length of which depends entirely on the length of your tenure and is specified in the 2006 Residential Tenancies Act). If you have signed a contractually binding agreement to pay X rent for Y amount of time- you are not automatically entitled to vacate these obligations.

The landlord is going about things the wrong way- but depending on what is in the lease- it could well be that he may in fact be entitled to far more than your deposit. I'd get advice on this asap if I were you.

Mia85

Agent J wrote: »

It all depends on the terms of your lease.
If you are leaving outside of the terms of your lease then it is perfectly legal.

I don't have a lease! I never actually signed anything or agreed any specific period that I would be staying at the house... I really don't think I'm obliged to find anyone to move into my room though.

Thanks for the replies

TwoShedsJackson

If you've no lease tell the landlord you're referring him to the PTRB and will take him through the relevant claims procedure - that should get him to cough it up pretty quick as he's probably not a registered landlord.

You have no obligation to find another tenant for him - he is entitled to take money off the deposit for anything you may have damaged etc. in the house.

Mia85

Ok thanks. There's no damage done, besides normal wear and tear which he can't deduct for. I've always paid rent on time, I'm giving him adequate notice, there's no need for the drama.
I'll let you know how it goes......

The_Conductor

Just out of curiousity- are you renting the whole property- or just a part of it, and is the landlord living in the property too?

If the landlord is living there- he/she is probably using the rent-a-room scheme, in which case its outside the remit of the PRTB.

One way or the other- in the absence of damage over and above normal wear and tear, you are entitled to your deposit back fully, without any deductions.

Mia85

I'm renting one room here. Basically, a relative of the landlord's lives here (I don't want to be too detailed!). It is a great place to live, but I lost my job recently, need to move somewhere cheaper etc.

So, what it comes down to is that he wants my deposit for security if no one else moves in (which they won't as the rent is way too high) as the remaining housemates will have to cover the extra between them.

But am I right in saying that that's not what a deposit is there for? It's to cover damage, or skipping out on bills or rent without notice, right??? I don't need this hassle!!!

Cheers for the feedback

Agent J

Hmm.

You are a licencee or some other such werid term apart from a tenant.

You are correct. The deposit is there to cover stuff for you only and not to subsidise the landlord.

If there isnt a lease then you only have to give a months notice afaik but the rules are a bit different when you live with the landlord.

Has the landlord ever given you his pps number? Might be a good time causuly mention that you need to claim back tax for the room there.. if hes on the level then all if fine. If not and he resists or flinches then twist the knife and ask for your deposit back and you will forget about the tax thing.

Ste.phen

[QUOTE=Agent J;59718104if hes on the level then all if fine. If not and he resists or flinches then twist the knife and ask for your deposit back and you will forget about the tax thing.[/QUOTE]

And then claim anyways

Mia85

SORTED. due to my excellent reasoning skills and some hair tossing (but mainly because of tips from boards), I'm getting my deposit back. Ha, in your face Landlord.

Thanks for your all the help!!