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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice.
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hi. My contract has ended and i was still living in the property

Resolved Question:

hi.
My contract has ended and i was still living in the property and paying my rent on a monthly basis.My landlord didn't bother to make another contract or renew my contract.He eventually approached me and demanded that i pay council tax which i wasn't paying for from the begginnig.I eventually figured out that the flat was a council flat which he denies and and gave him 2 weeks notice that i was moving out as i didn't want to be involved in fraud ect. He hasn't put my deposit on a scheme either.I have since moved out and he still hasn't returned my deposit.What grounds do i have to stand on?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is he alleging damages or arrears please?
Customer: replied 3 years ago.

no he is not.

Expert:  Remus2004 replied 3 years ago.
What is his justification for keeping the deposit?
Customer: replied 3 years ago.

He says i didnt give him enough notice when moving out.I spoke to the neighbours the day i moved and the neighbour was told by my land lord that the council had given him another property and thats why i was living there.My argument was that my contract had expired ages ago and in that contract it didnt specify that i had to give a months notice when i wanted to move.I want to know what would happen if this went to court.No deposit scheme and the fact hes sub letting a council house.

Expert:  Remus2004 replied 3 years ago.
It doesn't work like that I'm afraid.
If the original contract was an AST then it flipped over into a periodic agreement. If so, he is right. He is still entitled to notice. You cannot just walk out I'm afraid. Two weeks is not sufficient.
The only way you could challenge this is to argue that it is an unlawful sublet so the contract is tainted with illegality and you are entitled to recover.
The absence of a scheme would give you a claim under the Localism Act for three times the sum if this is otherwise compliant but it is probably that three times the deposit would not be the ultimate award.
Can I clarify anything for you?
Jo
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