Landlord not returning deposit

FreeRanger

I rented a property from the 1st January until 31st December 2015. I always paid my rent on time, I never contacted my landlord for anything; well I did - to move a large television that was left from a previous tenant. I contacted him on three occasions regarding this - on moving out the television was still there.

On the 10th December I notified my landlord, by email that I was vacating the property at the end of the month, but that I was in a position to vacate earlier should he have a tenant lined up. I also indicated that the property was available for viewing immediately.

On the 12th December the email came back as being undelivered. I then discovered that the landlord had moved/rebranded to a different company. I then emailed this company.

I heard nothing from the landlord until after Christmas - I vacated the premises on the 26th December having left it in exactly the same condition I found it in.

It's now the 24th of January and I have yet to receive my deposit of one months rent back. The landlord has hinted that he may be in a position to return half the deposit back but he needs to talk to the owner of the property.

I find this completely unacceptable - have I any recourse here?

Thanks in advance for any advice.

foggy_lad

Open a case immediately with the PRTB. The LL could be broke and may no longer own the property but afaik is still responsible for returning your deposit.

garhjw

OP, should you not have provided a months notice that you were intending to move out? From looking at your post, you gave notice on dec 10th that you were moving out on dec 31st.

Did you have a lease? What does it say about giving notice? Did the ll do a final inspection? He really should have and had you there for it.

Has he told you why you might only get half deposit back?

godtabh

FreeRanger wrote: »

I rented a property from the 1st January until 31st December 2015. I always paid my rent on time, I never contacted my landlord for anything; well I did - to move a large television that was left from a previous tenant. I contacted him on three occasions regarding this - on moving out the television was still there.

On the 10th December I notified my landlord, by email that I was vacating the property at the end of the month, but that I was in a position to vacate earlier should he have a tenant lined up. I also indicated that the property was available for viewing immediately.

On the 12th December the email came back as being undelivered. I then discovered that the landlord had moved/rebranded to a different company. I then emailed this company.

I heard nothing from the landlord until after Christmas - I vacated the premises on the 26th December having left it in exactly the same condition I found it in.

It's now the 24th of January and I have yet to receive my deposit of one months rent back. The landlord has hinted that he may be in a position to return half the deposit back but he needs to talk to the owner of the property.

I find this completely unacceptable - have I any recourse here?

Thanks in advance for any advice.

You appear to be confusing landlord with estate agent

campingcarist

garhjw wrote: »

OP, should you not have provided a months notice that you were intending to move out? From looking at your post, you gave notice on dec 10th that you were moving out on dec 31st.

Did you have a lease? What does it say about giving notice? Did the ll do a final inspection? He really should have and had you there for it.

Has he told you why you might only get half deposit back?

But, surely, if it is the end of a fixed term lease, which it most likely was a 12 month lease, then he doesn't have to give any notice, but it is polite to do so and also a good idea.

garhjw

campingcarist wrote: »

But, surely, if it is the end of a fixed term lease, which it most likely was a 12 month lease, then he doesn't have to give any notice, but it is polite to do so and also a good idea.

I think it depends on the lease - it could state that 1 mont or 28 days notice is required.

davo10

campingcarist wrote: »

But, surely, if it is the end of a fixed term lease, which it most likely was a 12 month lease, then he doesn't have to give any notice, but it is polite to do so and also a good idea.

If the OP doesn't give notice the tenancy continues under Part 4 tenancy regulations. When reading the opening post, the first thing that "jumped out" was that the correct (typically one ninth) may not have been given.

campingcarist

davo10 wrote: »

If the OP doesn't give notice the tenancy continues under Part 4 tenancy regulations. When reading the opening post, the first thing that "jumped out" was that the correct (typically one ninth) may not have been given.

But, if the tenant does not advise the landlord that he wishes to remain in the property at the end of the fixed term, then, in principle, the fixed term tenancy has ended and also the Part 4 tenancy.

Baby01032012

It would be prudent for tenants to serve a Notice of Termination (NOT) where they do not intend to stay on after the expiry of the fixed term. The period of notice required should be calculated in accordance with Section 66.

Above is quote from the Act. I don't think above helps as it opens a grey area where tenant is not legally required to give notice but could be in trouble if he is not prudent. I don't know if there has been any cases where landlord has brought a case where tenant has not given notice.