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sfll,
As I've not rented a house before in the UK so I've asked some HK colleagues of mine who are renting in the UK, for their advice which I've copied below:
Colleague 1 -
The government has passed new law last year regarding this thing as it always happened and it's disgusting.
I am not sure which particular department of the council is dealing with it, I think the housing unit or rental unit of the individual council could help.
The new law required the landlord to put the deposit in an account open with the council/government particularly used to put the deposit, and the landlord cannot take any of the deposit without a good reason. If you rent a house last year and your landlord has not put your deposit in this sort of account, he is already against the law, and you can complain to the your council for that if they really deduct your deposit.
Normally what I would do is not giving the last month rent and use the deposit to pay, but by this way you have to have a lot of arguments with the landlord during the last month, as the landlord normally wouldn't agree with it and would like to take some deposit off from you. So far I have not let it happen, but it depends on whether you are prepared with this arguement or not. (But anyway you would have to argue with him if he turns out not returning the deposit!!)
Colleague 2
I think the existing law is favourable to the tenant, the landlord could only remove you via court order, (which called notice 23 or similar..). If I were you, just send the landlord a text to inform him/her your last month rent would be paid by deposit. As long as you let him know in advance, u will be fine in terms of legal issues as you have informed him and give him time to response. The key is: a general rules of contract law applies.
Coleague 1
What I have encountered the landlord/Agent (Agent is the most disgusting) would not agree with using a deposit to pay the rent even you tell them in advance.
The agent issued us a letter, say us own them a month's rent plus centain expenses for administration, and threatened to bring the case to court and get the money back. Do you know how disgusting they would be? We have just ignore them but there would be enough hassal to go through, anyway I still manage to not allowing them to deduct any of the deposit, otherwise I think they will just find some excuse to deduct as much as a month's deposit. You know as long as they got your name, they will do everything to threaten you by bringing the case to the court.....all they want is just to deduct your deposit... sfll, I also have friends who are landlords in the UK they tell me it took the 6 months to evict a tenent if they go through the proper court channel. My advice would be to negoiate through proper channel if that doesn't work I suggest your son stay in the house for remaining time of the deposit and wait for court notice.
原文章由 sfll 於 08-7-6 17:41 發表
The Landlord didn't join the Deposit Protection Scheme either. So is he violating the law already? |
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