[KristaT]

Hi everyone,

I'm in a bit of a sticky situation. When I moved into my flat I paid the previous tenant (stupid, I know) for the deposit. I am now moving out and the landlady is refusing to pay me my deposit based on the fact I did not give her a month's notice. So essentially she agrees she owes me the money but refuses to give me it. I told her I have never been told about this 'month's notice' rule as when I moved in I was told I would get my deposit paid by the next tenant. I also never saw my landlady/had any of her details until last Saturday when I told her I was moving out a week later (today) so I would not have been able to contact her even if I had wanted to give her I couldn't have. The problem is that I have paid my rent in cash the whole time so I have no record of it (besides withdrawing the same about every month at the same time and my flatmate's word).

I have pictures to prove the flat is in the same condition it was when I moved in and nothing is missing.

She is definitely a tax dodger and I have told her I will contact HMRC for a debt claim and to report her but she seems unfazed by this as she may be crazy. I've recorded conversations of her being xenophobic towards me and generally a bit loopy but I don't think 'a bit mad' will take me that far in court to be honest.

She is coming to pick up the keys in 2 hours and I don't know what to do.

[joypulv]

You totally blew it. She can keep the deposit (which you never should have paid to the roommate) because you didn't give notice. The burden was on you to know the rules when you didn't even have a contract with the landlord. Why did you think you can just move and expect owners to cover their mortgage and other costs unexpectedly? They need time to rent it to someone else. It could be worse - if a year lease was broken, the owner can sue for the rent for the whole rest of the year.

[ScottGem]

First, any question on law needs to include your general locale as laws vary by area.

It sounds like you sublet the flat from the previous tenant. If so, you were subject to whatever terms were in the previous tenant's lease. If you wanted your deposit back you should have found a replacement tenant and collected it from them.

Apparently you have no clue how apartment rentals work. You are required to give notice before vacating. That notice is listed in the lease or established by law. Generally a months notice is required so the landlord has time to find a replacement. Assuming the flat was rented on a monthly rental, you owe rent for the next month. That gives the landlord the right to withhold your deposit and apply it towards the unpaid rental.