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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a private tenant, I signed a contract for renting 1 year.

Customer Question

I am a private tenant, I signed a contract for renting 1 year. My deposit was protected under the mydesposit scheme. The landlord increased my rent and can no longer afford the rent. The mydeposit scheme has written to inform me that my deposit is no longer protected as the landlord has not notified them that the tenancy has been extended. I wrote my landlord and sent the letter, he said he would re-issue the certificate and he has not done so. All rent is up to date, I have given notice and instead of paying the months rent I have notified my landlord to keep my deposit. He is now requesting I pay the full rent and he will give me my deposit once I return the keys. I have offered for him to view the condition of the flat, he has declined. I do not want any legal proceedings against me, however I need advise on what to do to stay protected.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : To be short your deposit is not protected and you want to leave. When did you sign the contract please?
JACUSTOMER-7jsene2t- :

I signed the contract in June 2012

Alex Watts : That means your original fixed period has run out. Have you signed anything since ?
JACUSTOMER-7jsene2t- :

no I have not signed another contract

Alex Watts : Ok. What was your notice period in the original contract? Did the lamdlord give you written notice for rent increase and what to do if you wanted to appeal it?
JACUSTOMER-7jsene2t- :

My notice period was one month, which I have given. the landlord gave me a letter for rent increase and did not give me the option to appeal. I signed the letter to accept the rent increase as I thought he had the right to increase the rent if he wishes.

Alex Watts : Are you paying higher rent or the old rent?
JACUSTOMER-7jsene2t- :

I am paying a higher rent (difference of £75 per month)

JACUSTOMER-7jsene2t- :

Please email me your advise at *****@******.*** if possible as i do not have internet access at home. I will check here tomorrow. Many thanks

Alex Watts :

Ok - he can't just change rent. You are entitled to pay old rent.

Alex Watts :

He must give you proper notice (2 months) on a prescribed form, giving you the option to take it to a Tribunal.

Alex Watts :

If he did not then any rent increase now is invalid.

Alex Watts :

You need to write and set out your losses and request a refund of the deposit within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

JACUSTOMER-7jsene2t- :

Can my landlord take me to court as I am asking him to keep my deposit as final rent?

Alex Watts : Yes.
JACUSTOMER-7jsene2t- :

Thats surprising considering my deposit is not protected. It makes sense that he keeps it. I do he has also been getting the increased rent. There is no security or legal protection for me. I will make an appointment with citizen advice.

Alex Watts :

Ok - can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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