[santa]

Hi All,

I will be moving out of my property in 2 months time. I feel a bit worried about my deposit after reading all these posts on gumtree about landlords not returning deposits.

I don't really have any problems with my landlord, I pay him every month by cheque, I only met him once when I moved in.

Do you have any tips or advice on how to move out without losing your deposit?

Or how to detect a dodgy landlord who is trying to make excuses for not giving back your deposit?

I am leaving the country but I don't want to tell him that. He might then find some reasons for not giving me a deposit back.

Thanks for any advice!

[Pennant The Tenant]

[eve]

why dont you use your deposit insted paying rent...just tell landlord that will be moving out and so from now you not going to pay until you use your deposit ..pople ususaly do like that

[Pennant The Tenant]

[markkerr]

[Bluey]

The Gumtree has loads of postings from tenants being exploited by unscrupulous landlords but it also has just many from tenants who are clearly breaching their tenancy agreement by sub-letting or flitting without giving notice.

There are mechanisms in place to get legal redress, so why encourage someone who is anticipating problems to breach their contract? I appreciate it's more complicate if you move abroad but you could check whether you have to be present in the small claims court or can submit the evidence by post if negotiations with the Landlord breakdown.

http://england.shelter.org.uk/advice/advice-3007.cfm#wipLive-9002-4

A deposit doesn't operate as the final month's rent but as a device to encourage tenants to return the property undamaged.

What might happen if this Landlord gets ripped off is that they will increase the deposit payable from the next tenant or avoid letting their properties to non UK passport holders who are harder to track down for debts incurred.

Then we can all enjoy postings on the Gumtree from people whining about how private Landlords have started to request deposits that are greater than a month's rent, just like agencies who are already wise to this tactic, or that Landlords are increasingly avoiding letting their properties to foreign passport holders.

[acantho]

Random BUMP

[stevetodd]

[Bluey]

Another common strategy is for a landlord to insist on a guarantor who is also credit checked or withdraw the offer of a tenancy if one is not provided. This is often someone who owns their own property and is in full employment (no point having a guarantor who can't pay if the tenant defaults).

This means the landlord can pursue the guarantor for rent arrears. Not sure whether this also covers damage to the property, too, or is solely to related to outstanding rent.

I expect this will be more common in the future. A tenant can flit but the guarantor is less likely to be able to bolt, particularly if they are a home owner.

If a tenant can't find a friend or relative who is willing to become their guarantor, I guess it could operate as a red flag to the landlord not to trust them.

[crabs]

[crabs]

The UK system works on scare tactics, to get you to pay, as long as your clever and understand the system you can get away with a lot.

The whole debt collection system is based on scaring you to pay, if you read up about the system and what they can/can't do youll see it.

[crabs]

[crabs]

[reens]

[crabs]

[reens]

If you've signed a lease, and they have a small claims court judgement against you (as has happened to people I've either known directly, or heard about, as they didn't bother going, or had left the country), they can then sell the debt on. Of course, You'd have to hope you didn't need to come back here in those 5 years (7 in some countries). Bad luck if the economic climate improves, Crabs, and you buy a property in 4.5 yrs. You never know who'll be knocking on your door then.

[crabs]

Example i know a lawyer that took Experian to court over a low credit score, he asked them to legally proove that he had debts, they couldnt nor could the companies that issued the reports to experian.

[crabs]

[crabs]