How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Remus2004 Your Own Question
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice.
Type Your Property Law Question Here...
Remus2004 is online now

hi. My contract has ended and i was still living in the property

This answer was rated:

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?
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.

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.

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?
Remus2004 and other Property Law Specialists are ready to help you