Landlord refusing Notice to Quit!
Discussion
Hi,long time lurker,1st time caller 
Asking for advice here as a lot of knowledgeable landlords hang outhere.
Just sent landlord a Notice to Quit,usual 1 month job, but said as deposit isnt registered I wontbe paying rent as I have no way of disputing deposit, and that he still has it.
Outstanding rent=deposit
Just heard back,he says he doesnt accept it ashe has deposit in a special account(No proof ever provided ),and will,(he says!)give it back. Says he will be claiming any other costs...not sure what they might be,presumably rent til HE deigns it OK for me to leave
So,do I need to pay in these circsumstancs?
I say I hould not pay as he may be liable for 3x deposit if it isnt registered,he can offset deposit,Im not even sure he still has it as he was bankrupted recently(1 year ago,recently discharged-should I even have been paying the rent to him?)
This is in Scotland if it makes a difference.
Asking for advice here as a lot of knowledgeable landlords hang outhere.
Just sent landlord a Notice to Quit,usual 1 month job, but said as deposit isnt registered I wontbe paying rent as I have no way of disputing deposit, and that he still has it.
Outstanding rent=deposit
Just heard back,he says he doesnt accept it ashe has deposit in a special account(No proof ever provided ),and will,(he says!)give it back. Says he will be claiming any other costs...not sure what they might be,presumably rent til HE deigns it OK for me to leave
So,do I need to pay in these circsumstancs?
I say I hould not pay as he may be liable for 3x deposit if it isnt registered,he can offset deposit,Im not even sure he still has it as he was bankrupted recently(1 year ago,recently discharged-should I even have been paying the rent to him?)
This is in Scotland if it makes a difference.
Make sure you are continuing to pay rent, and when it comes to deposit return if he hasn't protected it then you can threaten the whole 3xreturn malarky.
Make sure your notice is sent recorded delivery to the address on the contract. He can't really refuse a notice as long as you adhere to the terms of the contract. Are you still in fixed term or periodic?
In the meantime I'm going to send you a new spacebar in the post, that was a difficult read.
Make sure your notice is sent recorded delivery to the address on the contract. He can't really refuse a notice as long as you adhere to the terms of the contract. Are you still in fixed term or periodic?
In the meantime I'm going to send you a new spacebar in the post, that was a difficult read.
Sounds like he is refusing the idea of using the deposit as payment for the final month and not refusing the tenants request to leave.
Pay the final months rent, you will get deposit back once landlord is happy there is no damage that needs repairing.
How did the world manage before this protected deposit scheme came in?!
Pay the final months rent, you will get deposit back once landlord is happy there is no damage that needs repairing.
How did the world manage before this protected deposit scheme came in?!
AWRacing said:
Sounds like he is refusing the idea of using the deposit as payment for the final month and not refusing the tenants request to leave.
Pay the final months rent, you will get deposit back once landlord is happy there is no damage that needs repairing.
How did the world manage before this protected deposit scheme came in?!
Usually by not paying their final months rent, or if they did then the landlord would deduct damage to carpet caused by furniture putting dents in it, moss on the roof and a chip in some paintwork that was there at the start of the tenancy.Pay the final months rent, you will get deposit back once landlord is happy there is no damage that needs repairing.
How did the world manage before this protected deposit scheme came in?!
Thanks for the advice
@Moose:the lease just says the usual stuff,pay rent,dont burn the place down etc, no mention of what happens when landlord refuses to protect tenancy as per the law
@Daz: Notice already sen & received,rent paid up to date already.Tenancy is now periodic
@AWR: he IS saying he does refuse to accept N2Q, & claims I willbe liable for extra charges
TBH I dont think the deposit is even there any more, but I am happy to have the rent paid from it.Then the money I have for rent can be paid for any repairs.
I do wonder how an account with £1K+ in it would be exempt from being includied from the bankruptcy,or indeed the house iteself,or the rent!
@Moose:the lease just says the usual stuff,pay rent,dont burn the place down etc, no mention of what happens when landlord refuses to protect tenancy as per the law
@Daz: Notice already sen & received,rent paid up to date already.Tenancy is now periodic
@AWR: he IS saying he does refuse to accept N2Q, & claims I willbe liable for extra charges
TBH I dont think the deposit is even there any more, but I am happy to have the rent paid from it.Then the money I have for rent can be paid for any repairs.
I do wonder how an account with £1K+ in it would be exempt from being includied from the bankruptcy,or indeed the house iteself,or the rent!
ifindoubtfallout said:
Thanks for the advice
@Moose:the lease just says the usual stuff,pay rent,dont burn the place down etc, no mention of what happens when landlord refuses to protect tenancy as per the law
@Daz: Notice already sen & received,rent paid up to date already.Tenancy is now periodic
@AWR: he IS saying he does refuse to accept N2Q, & claims I willbe liable for extra charges
TBH I dont think the deposit is even there any more, but I am happy to have the rent paid from it.Then the money I have for rent can be paid for any repairs.
I do wonder how an account with £1K+ in it would be exempt from being includied from the bankruptcy,or indeed the house iteself,or the rent!
The final rent payment cannot come from the deposit as that is in breach of the contracual agreement between you and the landlord.@Moose:the lease just says the usual stuff,pay rent,dont burn the place down etc, no mention of what happens when landlord refuses to protect tenancy as per the law
@Daz: Notice already sen & received,rent paid up to date already.Tenancy is now periodic
@AWR: he IS saying he does refuse to accept N2Q, & claims I willbe liable for extra charges
TBH I dont think the deposit is even there any more, but I am happy to have the rent paid from it.Then the money I have for rent can be paid for any repairs.
I do wonder how an account with £1K+ in it would be exempt from being includied from the bankruptcy,or indeed the house iteself,or the rent!
He doesn't have to 'accept' it(remember notice must be in line with rent payement dates assuming it's montly rent i.e. had keys back the day for the next rent payment is due). Any charges you may be liable for will be in the tenancy agreement, if they are not listed there then the landlord is a fantasist.
The Landlord has to give you proof of deposit protection within 30 days of the tenancy commencing (or is renewed), if he hasn't get proper legal advice as you may be able to sue.
I had a tenant who refused to pay the last months' rent of the tenancy ("Use the deposit"). The deposit was registered with the TDS. The tenant seemed incapable of understanding I didn't have his deposit. There was damage and losses noted by an independent inventory company in excess of the difference between the rent and the deposit. The tenant was in clear breach of the Tenancy Agreement. I sued in the Small Claims Court for £500 and lost even though I had fully complied with the Tenancy Agreement and the law. The Courts don't like landlords.
Edited by audidoody on Wednesday 20th May 10:46
0000 said:
This is the way I'd do it.
How long have you been renting? If it's beyond x years were landlords required to move existing deposits into a DPS?
Yes.How long have you been renting? If it's beyond x years were landlords required to move existing deposits into a DPS?
http://www.gov.scot/Topics/Built-Environment/Housi...
@Simpo:He has confirmed deposit is not protected, he SAYS its in his account but I dont know.
@ foliage/000/B17NNS:Who do I "shop" him to? Cant seee cops being bothered
@0000-tenancy signed June 2014,wholly replaced one from 2012
Paying rent will leave mein the position of having to sue for the deposit, as I suspect he will do things likespikeyhead mentioned above to claim to be able to retain it(& we dont have the TDS to be indepenent judges as he hasnt registered), and having been made bankrupt, really what are the chances of him having money to cover the deposit,let alone 3 times the amount
@ foliage/000/B17NNS:Who do I "shop" him to? Cant seee cops being bothered
@0000-tenancy signed June 2014,wholly replaced one from 2012
Paying rent will leave mein the position of having to sue for the deposit, as I suspect he will do things likespikeyhead mentioned above to claim to be able to retain it(& we dont have the TDS to be indepenent judges as he hasnt registered), and having been made bankrupt, really what are the chances of him having money to cover the deposit,let alone 3 times the amount
audidoody said:
The Courts don't like landlords.
Not totally true! Having used the Small Claims Court twice as a Landlord, I can happily say they found in my favour both times. A good inventory, lots of pictures and a clear line of evidence (emails, signed docs etc) is what is required. IE keep good records and assuming you are 'in the right' they will find in your favour. I tend to find that tenants don't keep good records so if you do that will count in your favour.So it's the final month's rent that you're planning to withold?
I think that you have to pay it, as the Landlord will want to hold on to the deposit until you vacate.
It should be deposited of course and I can't comment on that.
But, once you vacate, you should get it back depending upon the then state of the place.
He's not refusing you vacating, as I understand it, more your plan to not pay the final month. He wants to hold onto any deposit until you leave.
I think that you have to pay it, as the Landlord will want to hold on to the deposit until you vacate.
It should be deposited of course and I can't comment on that.
But, once you vacate, you should get it back depending upon the then state of the place.
He's not refusing you vacating, as I understand it, more your plan to not pay the final month. He wants to hold onto any deposit until you leave.
http://www.furleypage.co.uk/changes-regarding-prot...
I'd issue court proceedings now personally via online small claims court.
Is your landlord likely to be able to do a runner? Will you be able to send the bailiffs in if they do not pay?
I'd issue court proceedings now personally via online small claims court.
Is your landlord likely to be able to do a runner? Will you be able to send the bailiffs in if they do not pay?
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