Lanlord problems

[mattyfez]

Your deposit doesnt count as rent. The landlord is entitled to claim back the rent he is owed, which the contract will have been signed for agreeing to the terms of leaving, regardless of the 6 months, it wills till say you cannot leave without paying all the rent somewhere, so your housemate has broken contract.

The landlord does not need to give you any notice. Its their building.

The landlord does not ave to return any depost untill all rent is paid. Again, this will be in the contract.

Since the guy has moved out the room no longer belongs to him, which includes any items within it.

Basically, your housemate has broken the contract, the landlord is well within his rights to claim the money. Tell him to stop being a **** and pay up.

EDIT: oh, and with the new tennancy ruling the deposit is sperately held, in its own account I think, the landlord is legally not allowed to just take it. It must be returned with the appropriate paperwork or kept following breach of contract, which is what has occured.

Thats almost entirely incorrect,

1. The landlord is indeed entitled to his rent, but the tennant is also entitled to his deposit, which from the sound of it is an equal ammount.
It wouldn't stand up in court, infact, if played properly the case may even be thrown out before a real hearing due to the landlord rushing into litigation and not being reasonable, an "abuse of process" (this is based on the assumption that the landlord has no proovable grounds to make a deduction from the deposit).

2. Legaly the landlord must give notice if he intends to visit the property, I forget the legal term, but its somthing like "the right of peacefull enjoyment of the property" which exists specificly to stop irritation or harrasment by the landlord. most people choose not to excercise this as it normally destroys any relationship you have with the landlord, and if you want to keep living there its not very wise. Normally reserved for keeping a landlord off your back if you are near the end of tennancy and dont plan to continue living there.

3. You are correct on this point, but seeing as its "even stevens" in this case, its irrelevant. By the sound of it, this is presicely why he, myself, and others need to resort to this tactic. While a bit of a grey area, it becomes nessesary if you suspect the landlord may be funny about the prompt return of the deposit.

4. Any personal items remain the property of the tennant. If they are removed/destroyed then the tennant can then sue for the loss of the items.
The landlord has probably realized this, hence his hasty return of the items.

5. In this case, yes, the landlord will be able to claim the deposit after satisfying the deposit holder of breach of contract.

So there we have it, landlord owes the tennant say £400, and tennant owes landlord £400, if you were judge what would you do? order them to swap money? PMSL

 

[Skiddley]

I'm a landlord, and matty is correct.

Not giving you notice for him to visit is a worry. Does he use the doorbell, or gain entry himself with his own key?