Query about deposit - not originally paid to landlord

gauchesnell

I have a question about giving notice to my landlord and getting my deposit back.

I moved into my apt 6 years ago and would stay but I am thinking of moving jobs. Landlord has been super pleasant...met him very briefly once but I he was been great. 6 years is pretty long but I am a long term tenant.

Anyway my original deposit was paid to a letting agent who has since gone bankrupt and also sadly passed away. He had also not used any monies received from the LL to paint the apt etc and was using my rent etc to fund other stuff...as in charging me a higher rent that the LL knew. As I said sadly the man passed and the LL and I sorted stuff out.

My question is now what do I do about my deposit. I dont have a lease anymore as I am Part 4 so I would like to give as much notice as possible but this could be out of my control. Again I would stay here but my job is about to change.

My question is whether my LL will return my deposit as he never actually was paid it in the first place. I am happy to use the deposit as my last months rent if it turns out to be a problem

athtrasna

gauchesnell wrote: »

My question is whether my LL will return my deposit as he never actually was paid it in the first place. I am happy to use the deposit as my last months rent if it turns out to be a problem

Do you have a receipt/proof of paying a deposit? If so it's the landlord's problem that he never got it, not yours so it should be returned.

Using the deposit as the last month's rent would be classified as withholding rent unless expressly agreed with the landlord. As withholding rent is illegal, you cannot get advice on that here.

Finally, given the length of your tenancy, your required notice period is 56 days.

wench

athtrasna wrote: »

Finally, given the length of your tenancy, your required notice period is 112 days.

The notice the tenant has to give is 56 days once they are there over 2 years.

The 112 days relates to the Landlord giving notice.

gauchesnell

Cheers

Yes I have proof of the original deposit paid.

Thanks for all the advice. I dont think 56 days notice would be possible (if possible I would definitely give). Current work and new work would only need a months notice so I would take hit on the deposit if needed.

Unfortunate I know but I wouldnt pass on a new job for anything

athtrasna

gauchesnell wrote: »

Cheers

Yes I have proof of the original deposit paid.

Thanks for all the advice. I dont think 56 days notice would be possible (if possible I would definitely give). Current work and new work would only need a months notice so I would take hit on the deposit if needed.

Unfortunate I know but I wouldnt pass on a new job for anything

There's no harm in asking, your landlord might be willing to accept a shorter notice and refund at least some of your deposit, you seem to have a good relationship. Chances are they can get a higher rent and re-let in a short space of time in the current market so there's no need for anyone to be out of pocket.

gauchesnell

I think we have a good relationship...met him once in 6 years which isnt too bad really
Wait and see...gathering my info at the moment.

I will be looking to rent somewhere else (different part of the country) as well I would need a reference I suppose.

I rented here for 6 years and in my last apt for 5 years so I dont move around much.

If I like somewhere I stay and I have permanent secure employment so I think I come across as a good tenant even without a reference