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Aaron D
Aaron D, Barrister
Category: Property Law
Satisfied Customers: 491
Experience:  LLB, BPTC
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I am a tenant on a rolling contract, or more precisely I've

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Hi, I am a tenant on a rolling contract, or more precisely I've had a contract until March and then afterwards I've agreed with the agency to stay without a contract and paid each month like before. Now I want to move, but the agency is a bit late responding and not professional and to be honest I am afraid of what's going to happen with my deposit. So, my question is: Will I get my deposit back? I tried asking if they can take the last month rent from it and then to give me what is left from it,but they didn't agree. If you can help me, please tell me what do you think I should do? Not to mention, after I asked this now I am with a month in October unpaid and I had to give off my statements to show I paid my rent... Thank you in advance, Alexandra
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I don't know which paperwork to fill
JA: Have you talked to a lawyer about this?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you!
Customer: replied 16 days ago.
Hi,Please ignore the previous message, I explained myself better in this one.I was wondering if you could help me with a legal advice. I am currently under a rolling contract with my letting agency or better say my contract ended at the end of March and agreed verbally with my letting agency to pay my rent like usually withouth a written contract.Now, I plan to move out and asked them about the deposit, but they said it will be talked about after I move out. However, they didn’t give me any information on it. To top it up when asked on which deposit scheme the deposit is on, they only replied with “the deposit is under tenancy deposit scheme”. Not to mention, now out of the blue I am owning them a rent payment from October 2019, fact which baffled me and I had to gave them my bank statements.I want to mention that I proposed to have my rent deducted from my deposit and be given the rest of the amount at the end as per the deposit, but they didn’t agree and afterwards I received the email with me owning them another month as well from October.My issue is that the letting agent was always late in replies and unprofessional too. I sincerely don’t trust them that I will see my deposit back. What do you think the best course of action would be? Should I just not pay my rent this last month and wait for them to take the money from the deposit, even if they didn’t agree with that or should I pay my rent and be uncertain I will receive anything back?I would be really grateful if you could help me with an advice.Kind regards,
Alexandra

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

Firstly, check to see if the deposit is protected. There are only 3 approved providers, you can check them all online, the links are here: https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_if_your_tenancy_deposit_is_protected.

You should have received a certificate when you moved in which tells you which scheme was used.

I wouldn't recommend leaving and not paying the last months rent. You will technically be in breach of tenancy, often the tenancy agreement prohibits you setting off your rent against other issues.

So long as the money is protected in a deposit scheme if you get in to any dispute/ they don't pay you then you contact the tenancy deposit scheme and they "freeze" the money if they hold it or require the landlord to pay it to them if not. They hold it until any dispute is resolved. So you can rest assured that you will get it back.

If you find out that the landlord didn't protect the deposit then you can claim compensation. This gets you a full refund of the deposit plus up to 3 x the value of the deposit. The good news is there are lots of "no win no fee" solicitors who specialise in these claims which you can easily find using Google.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 16 days ago.
Hi Aron,
Thank you so much for your response. If you could also look at my latest message where I explained in more detail my situation, that would be great.
The problem is I didn’t receive any such certificate to say under which scheme my deposit is protected under and I checked all 3 scheme providers and couldn’t find it. When asked the letting agency the provider of the scheme, the reply was just that is protected under the tenancy scheme but didn’t mention anything of which one they used. Moreover, right now I am under no signed contract...so I am really unsure of what can happen. Please advise,Kind regards,
Alexandra

Firstly, you are under a contract. When your initial contract ends then you automatically go only a Statutory Periodic Tenancy which means you are effectively on a rolling contract. It is the same terms as your original contract.

If you are satisfied that the deposit was not protected then you can instruct solicitors to make a claim for you now, you don't have to wait until you leave the property.

In any event you still shouldn't withhold rent. In law two wrongs don't make a right.

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