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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I was renting privately and my landlord sold the house and

Resolved Question:

I was renting privately and my landlord sold the house and gave us 2 months to vacate the property, we found a new property with in 2 weeks and moved in, now he is trying to keep the deposit because we moved out before the notice period ended, can he do that?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Adrian, a landlord has no right in law to keep a rental deposit in a situation where the tenant vacated a rented property after the landlord gave notice. So long as rent was paid for the relevant period, the landlord cannot keep a rental deposit. Be aware that your landlord has an obligation to hold your deposit on a Government backed Tenancy Deposit Scheme if your lease was an assured short term lease. Under this scheme the landlord can be fined for not having put the monies given as deposit into the scheme. here is a link which explains the scheme https://www.gov.uk/tenancy-deposit-protection/overview. My view is that your rental deposit should have fallen within the scheme.

Expert:  Buachaill replied 10 months ago.

2. Be aware that you can apply to your local County Court should your landlord have not used the scheme when he should have. Be aware that the landlord must give back your deposit within 10 days of the end of the tenancy.

Expert:  Buachaill replied 10 months ago.

3. Under the application to the County Court, the landlord can be compelled to pay a penal three times the deposit if he has not returned it and has not used the scheme.

Expert:  Buachaill replied 10 months ago.

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