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am i entitled to my deposit back?

Myself and my flatmate have been living in a rented 2 bed apartment now for the last 5 months.I recently lost my job and needed to apply for rent allowance.When i went through the motions and asked the landlord to fill out the forms he told us that he actualy was claiming welfare himself and that he was using our address as his own address.This was completly untrue! It is only a 2 bed apartment.When he filled out the form he lied and said on the form it was a 3 bed apartment.In my eyes he is breaking the law and wanting me to lie for him! The welfare officer is coming for an inspection of the property,What am i suppose to do?

The more i thought about it, the more angry i got and told the landlord that i will be giving him his 1 month notice and that i want my deposit back in full. Am i entitled to do this under the circumstances?

thanks for your help on the matter

Update:

yes we have a contract signed by both tenants for 1 year with his address he is really living at on it.i just dont want to be in trouble with the law because of his lies.thanks for all your answers really need advice on this!

5 Answers

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  • 1 decade ago
    Favorite Answer

    If you haven't damaged the property, he should return your deposit. Also you should report him for welfare fraud when the inspector shows up. (address is a material fact) While this is a bargaining chip, failure to report may make you an accessory.

    UPDATE:He's committing fraud, not you. You can prove from the contract that you are the legal resident of your address and that he lives elsewheres. You should suffer no consequences.

  • 1 decade ago

    When the Inspection Officer comes make it clear that you and your friend are the only ones living here and that your landlord never has and never will live there while you are living there.

    As for being allowed your deposit back - yes and no. Your landlord is entitled to keep the deposit because you have not kept to the contract and he is also allowed to keep it for an unnamed length of time.

    You, however, are entitled to it back because you signed the contract without the knowledge that he was using your address as the address on his welfare.

    If you are in England, contact C.A.B because the law on renting is complicated and does change.

    Good luck.

    KD

    Source(s): Was a tenant and Landlady for many years.
  • Ollie
    Lv 7
    1 decade ago

    Hi,i would tell the welfare officer.He sounds like a right one so no way will he give you your deposit back.

    Good Luck

  • Mesha
    Lv 4
    1 decade ago

    I would think so, mention it and if he refuses. You can report him to the agency. Since you have proof you were renting there, do you have a contract? Anything to show?

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  • 1 decade ago

    he is in the wrong..not you.. give in your notice and demand your deposit..or else shop him simple as that..he is breaking the law..call his bluff

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