Moving out of rented accomadation quickly. Deposit question

[Nic jones]

A bit of background, we pay out rent in advance and the deposit we have paid was one months rent.

Our 6 months minimum term has passed so now we are on a month-month rolling contract, however our landlord and landlady (who we live(d) with) have just split up and it has turned into a warzone as my other half works with the landlord (who has moved out) and her and the landlady are at loggerheads as the landlady is just generally being a bh towards her.

The rent is due on the 16th of October, so if we found a property before then and managed to shift all the stuff over and do a runner effectively (knowing the landlord would give us a reference still) leaving the deposit to cover the last months rent would she have any comeback?

I know it's something they've done in the past but legally could she do anything? Having said that, if she did I don't believe the deposit was places in the required account in case of dispute so we could have fun there.

But, as I'm in my final year of uni I really dont want the hassle and grief of all this and want to just move out and have done with it. Thanks for reading

[sday12]

Technically the deposit is for damage/extra cleaning required.

Depends where your morals sit, or what the situation is.

Doing a runner, leaving her with no tenants, income, no notice. Big ask.

Legally you have not given the required notice.
In real life yes, you will get away with it.

Edited by sday12 on Wednesday 7th October 15:46

[Nic jones]

Sorry, we do have a contract, which is one months notice and then (in theory) get the deposit back once we move out. But, we want to move out asap as frankly she is now unbearable to live with.

But if we just default on paying the last months rent they'll just keep the deposit as the payment and that'll be that won't it? As I say, this is what they did at a holiday home they rented previously.

[wolf1]

You need to at least have an out inspection, or you may find that suddenly there is alleged damage and that will take care of the deposit leaving you to pay for the agreed months notice payment as well.

[Nic jones]

Hmm that was what I was worried about, I think we'll take lots of photo's when we move out and print them with a time/date stamp to make her life harder. It really has reached the point where we need to be out of here asap.

[eldar]

Nic jones said:

Hmm that was what I was worried about, I think we'll take lots of photo's when we move out and print them with a time/date stamp to make her life harder. It really has reached the point where we need to be out of here asap.

Nor that easy, really. If she wants to be difficult, she will, and you'll lose the deposit, and if she's stroppy a month's rent.

Your best bet is to talk to her and negotiate some deal, and get it in writing. Might be cheaper in the long run.

[Wings]

eldar said:

Nic jones said:

Hmm that was what I was worried about, I think we'll take lots of photo's when we move out and print them with a time/date stamp to make her life harder. It really has reached the point where we need to be out of here asap.

Nor that easy, really. If she wants to be difficult, she will, and you'll lose the deposit, and if she's stroppy a month's rent.

Your best bet is to talk to her and negotiate some deal, and get it in writing. Might be cheaper in the long run.

+1 Agree.the OP needs to take the legal route and give the landlord/lady the required contracted one months Notice. So the OP's Notice needs be dated and received by the landlord/lady on 16th. October 2009, for the tenancy to end on 15th November 2009.

[TooLateForAName]

If you are still on good terms with the landlord can you not arrange a time when the landlady will be out and have him come ocer and do the exit condition inspection?

[Piglet]

I'll differ on this one.

I'd go with your plan. Move out, leave her with the month's money, take loads and loads of photo's. The honesty question would be do you think you've done any damage, is there anything that you honestly think she would be able to deduct from your deposit? If that's the case you might want to stump up a bit more cash to avoid problems.

One question though...you refer to yourself as a tenant but you then say you live(d) with the couple. What do you have exclusive occupation of? It may be that you only have a licence not a tenancy anyway...it probably doesn't change the position but it might be useful to know.

[Nic jones]

No, the witch landlady is moping about the house constantly now so he couldn't come round.

Piglet said:

I'll differ on this one.

I'd go with your plan. Move out, leave her with the month's money, take loads and loads of photo's. The honesty question would be do you think you've done any damage, is there anything that you honestly think she would be able to deduct from your deposit? If that's the case you might want to stump up a bit more cash to avoid problems.

One question though...you refer to yourself as a tenant but you then say you live(d) with the couple. What do you have exclusive occupation of? It may be that you only have a licence not a tenancy anyway...it probably doesn't change the position but it might be useful to know.

We've not done any damage at all, I've rented enough properties to know that landlords/ladies like nothing more than finding a hair out of place on a carpet to supplement their holiday money!

We do have a tenancy agreement and have rented a room in their house exclusively, as well as having full use of the rest of the house (lounge, kitchen etc). It was the standard tenancy agreement that all new tenants have to sign.

We'll play the game above board I think, pay the last months rent, write the letter giving notice, details of how to return the deposit, then move out two weeks before we need to so we have time to ensure everything is clean and tidy. This way she cant screw any more money out of us, and if the deposit isn't returned we can (if it's not in the required holding account) have fun at the small claims court getting our 3x deposit out of her. Happy days!!

[Wings]

“We've not done any damage at all, I've rented enough properties to know that landlords/ladies like nothing more than finding a hair out of place on a carpet to supplement their holiday money!”

As a landlord, I also could generalise on the appalling conduct, fraudulent behaviour and appalling conditions SOME tenants have left rented accommodation in. As you say there are some bad landlords, and that is some of the reasons HMG set up the Deposit Bond Scheme.

You as a tenant have entered into a legal contract, a Shorthold Tenancy Agreement, and however the landlord/lady is behaving, you are still responsible for the rented accommodation up and until the day your tenancy ends, if giving Notice on 16th October, then the date your responsibility ends is 15th November.

As a young man starting out on a career, with no bright lamp of hindsight, so not being able to foresee when you might require a “clean” previous character, for either furthering your career or for accommodation etc. etc.

So to conclude, give the statuary one months Notice, move out within the one months Notice period, but do not hand over the keys or relinquish your responsibility of the premises until the last day of the tenancy, 15th November.