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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Morning! I'm renewing my lease with my landlord who is

Resolved Question:

Good Morning!
I'm renewing my lease with my landlord who is now going it alone without the agent and is using an internet contract. This will be my second year in the flat.
He has lowered my weekly rent by 6% as I offered to pay him biannually (I know, probably not a good idea). However, he has refused to return the difference for the deposit he holds in MyDeposits.co.uk, which would be in the region of 500-600 pounds. The original deposit worked out to just over 6 weeks rent.
Is it acceptable or legal that he does not want to return the difference?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now does the contract give a formula of how the deposit is worked out please?

Customer:

No, it doesn't. The agent of the original contract halved the quarterly rent that I paid to the landlord as a deposit.

Alex Watts : Ok. Then this is legal.
Alex Watts : The deposit can be whatever figure is agreed, it does not have to be say 4 weeks rent etc.
Alex Watts : But as long as the deposit is protected that is what matters
Alex Watts : At the end of the term you would be entitled to it back.
Alex Watts : Just because there is a rent reduction does not necessarily mean the deposit goes down.
Alex Watts : A deposit could be a formula of rent or a set figure.
Alex Watts : He is papers to be a set figure.
Alex Watts : But it's protected anyway, so you should not be concerned.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I don't have a new deposit certificate yet, and the current one I noticed ends on 13 October. Should I have a new certifcate state and what should it state?

Alex Watts : The value of the deposit, the certificate number and date protected etc
Alex Watts : Does that help?
Customer:

Yes, it does. One other thing is how do confirm that MyDeposits.co.uk is a ligitimate protection scheme?

Alex Watts : Its set up Government!
Alex Watts : I think that's safe, unless its based in Scotland come tomorrow!
Customer:

Helpful and funny too! :)) Thank you for your help. You've been great.

Alex Watts : Thanks.
Alex Watts : Maybe I am in the wrong job :)
Alex Watts : Please don't forget to rate my answer before you go, it's the button at the bottom of the screen.
Alex Watts : If you need more help please click reply
Customer:

Before you go, I do have another question. I've agreed to pay biannually. If at the next installment some great misfortune befalls me and I can't pay the 6 months but can pay 1 - 3 months. Can he go to court to enforce that?

Customer:

Enforce the 6 month payout that is.

Alex Watts : Not unless its a specific term of the contract.
Alex Watts : Does that help?
Customer:

It is a specific term

Alex Watts : Then yes it can be enforced because it is a contract.
Ash and 4 other Law Specialists are ready to help you