Getting deposit back

mike_cork

Hi All,
I'm looking for some advice.....My lease is up at the end of the month.Got a call 2 weeks ago from the letting agency asking if i was staying on and I said I was.However it looks likely I'm going to be switching jobs (got job offer out of the blue).This will mean i'll probably be telling the letting agency on Wednesday that I actually will not be staying on.Will I be able to get my deposit back?

D3PO

mike_cork wrote: »

Hi All,
I'm looking for some advice.....My lease is up at the end of the month.Got a call 2 weeks ago from the letting agency asking if i was staying on and I said I was.However it looks likely I'm going to be switching jobs (got job offer out of the blue).This will mean i'll probably be telling the letting agency on Wednesday that I actually will not be staying on.Will I be able to get my deposit back?

Interesting one. My feeling would be you would need to now supply written notice based on your tenure to end the tenancy as verbally you agreed to stay on past the end of the lease.

Id certainly feel a call now advising you were in fact moving out would be met with at least the letting agent telling you they would be keeping the deposit (or part thereof) to cover the period of notice required as a Part 4 tenancy.

You could challenge it with a PRTB dispute but Ive no idea how this would go for you. Either way I wouldn't be expecting my deposit back anytime soon, but then again there are some understanding LL's and letting agents that might just co operate with you.

djimi

A phone call means next to nothing unless it can be proven, and unless the agent records calls (and must notify you as such in advance) then I dont see it amounting to much.

To the best of my knowledge there is no written notice required if you intend to vacate at the end of a fixed term lease, so the agent/landlord would have no valid reason to deduct from the deposit.

mike_cork

My main problem is I'm not 100% sure if indeed i will be switching jobs.I've been told I'm the preferred candidate,they've asked for my references,my medical history etc but i have to do a 30 minute hr interview tomorrow before anything gets confirmed.I don't want to screw anyone and wish to keep on good terms etc.I've been a good tenant and the only problems that have occurred have been on their end so to speak....not fixing stuff when issues arouse etc.

As regards the phone call...it was just the letting agency asking me if i intended to stay on.I didnt make any verbal contract saying i was definitely staying on etc.

It's a really awkward situation to be honest.

D3PO

djimi wrote: »

A phone call means next to nothing unless it can be proven, and unless the agent records calls (and must notify you as such in advance) then I dont see it amounting to much.

.

That doesn't mean the LL will roll over. If I were the LL and I was verbally told somebody was staying and then changed their mind at a later stage Id be demanding proper notice based on the fact the OP advised they were going to stay.

Weather I would be in the right or not I don't know but Id make the OP challenge it with the PRTB before I handed back a full deposit. I don't think that's a scummy or unfair thing to do by the LL if that is infact what happens.

djimi

D3PO wrote: »

That doesn't mean the LL will roll over. If I were the LL and I was verbally told somebody was staying and then changed their mind at a later stage Id be demanding proper notice based on the fact the OP advised they were going to stay.

Weather I would be in the right or not I don't know but Id make the OP challenge it with the PRTB before I handed back a full deposit. I don't think that's a scummy or unfair thing to do by the LL if that is infact what happens.

You could demand it all you want, but if its not a legal requirement then you would get absolutely nowhere (be it initially or after you have been taken to the PRTB). Why waste everyones time for the sake of a few quid that you most likely wont be allowed to keep either way? Just move on and get on with it.

djimi

mike_cork wrote: »

My main problem is I'm not 100% sure if indeed i will be switching jobs.I've been told I'm the preferred candidate,they've asked for my references,my medical history etc but i have to do a 30 minute hr interview tomorrow before anything gets confirmed.I don't want to screw anyone and wish to keep on good terms etc.I've been a good tenant and the only problems that have occurred have been on their end so to speak....not fixing stuff when issues arouse etc.

As regards the phone call...it was just the letting agency asking me if i intended to stay on.I didnt make any verbal contract saying i was definitely staying on etc.

It's a really awkward situation to be honest.

Worst case scenario you just dont sign a new lease, and if it happens that you need to move then you can give 35 days written notice and be out of there. Landlord cannot force you to sign a new fixed term lease.

D3PO

djimi wrote: »

You could demand it all you want, but if its not a legal requirement then you would get absolutely nowhere (be it initially or after you have been taken to the PRTB). Why waste everyones time for the sake of a few quid that you most likely wont be allowed to keep either way? Just move on and get on with it.

Were back to that whole topic of notice at the end of a lease which is still a grey area. If Im a businessman (LL) then why would I hand back a deposit if I feel there is a legitimate reason to keep it to cover my costs ?

I don't consider it a waste of time, and I wouldn't be so sure the PRTB would rule in the OP's favour either.

Otherwise whats to stop everybody saying verbally they will remain after their lease only to turn around the day before and advise the LL they are moving out, with no recourse for the LL ?

djimi

D3PO wrote: »

Were back to that whole topic of notice at the end of a lease which is still a grey area. If Im a businessman (LL) then why would I hand back a deposit if I feel there is a legitimate reason to keep it to cover my costs ?

I don't consider it a waste of time, and I wouldn't be so sure the PRTB would rule in the OP's favour either.

Otherwise whats to stop everybody saying verbally they will remain after their lease only to turn around the day before and advise the LL they are moving out, with no recourse for the LL ?

I dont know how much of a grey area is it to be honest; I know its a grey area as to whether or not the landlord can issue notice during a fixed term lease (as opposed to having to wait until the lease expires), but it has always been my understanding that no notice, written or otherwise, is required from the tenant if they intend to move out at the end of a fixed term lease. I might be wrong about that, but Ive never heard anything to suggest otherwise.

D3PO

djimi wrote: »

I dont know how much of a grey area is it to be honest; I know its a grey area as to whether or not the landlord can issue notice during a fixed term lease (as opposed to having to wait until the lease expires), but it has always been my understanding that no notice, written or otherwise, is required from the tenant if they intend to move out at the end of a fixed term lease. I might be wrong about that, but Ive never heard anything to suggest otherwise.

its a grey area to me. Do you know any PRTB judgments against LL's that kept deposits when a tenant just moved out on the last day of a lease with no notice given ?

djimi

D3PO wrote: »

its a grey area to me. Do you know any PRTB judgments against LL's that kept deposits when a tenant just moved out on the last day of a lease with no notice given ?

Nope, nor will I be going checking through their judgements at this moment in time! Do you know of any judgements against tenants where they have taken a case against a landlord for such a thing?

mike_cork

I just rang the letting agent and to be fair she seemed quite sympathetic...However i didn't bring up the subject of deposits etc.She just informed me to let her know asap and that these things happen.It's a real wait and see situation i think