Landlord advertised a security deposit but called it "advance rent" in the contract and won't return it
​
Hi everyone,
I'm in England and would appreciate some advice about a dispute with my landlord.
I found a room through SpareRoom. In the advert, the landlord stated that a security deposit was required. Before moving in, I paid that amount, believing it was a deposit.
I moved into the property on 1 April and signed the tenancy agreement on 4 April. When I later reviewed the contract, I noticed that the money advertised as a security deposit was described in the agreement as "advance rent" instead.
The tenancy agreement had a 6-month fixed term. After the fixed term ended, I remained in the property and continued paying rent monthly. I stayed for about 11 months in total.
After 11 months, I gave the landlord one month's notice that I intended to leave. The landlord told me I couldn't leave because my contract supposedly ran until April and that I would have to continue paying rent. At the time, I believed him.
Later, I checked the tenancy agreement carefully and found that the fixed term was actually only 6 months, not until the following April as the landlord had claimed.
I paid my final month's rent when it became due and then moved out. However, the landlord has refused to return the money that was originally advertised as a security deposit but described in the contract as advance rent. As far as I know, this money was never protected in a tenancy deposit scheme.
My questions are:
If a payment is advertised and requested as a security deposit but later called "advance rent" in the tenancy agreement, can it still legally be considered a deposit?
If it was actually a deposit, should it have been protected in a tenancy deposit scheme?
After a 6-month fixed term ended and I had been living there for 11 months, was one month's notice sufficient to end the tenancy?
Does the landlord's statement that the tenancy ran until April have any legal significance if the written agreement says 6 months?
What are my options for recovering the money?
I still have the SpareRoom advert, proof of payment, and the tenancy agreement.
Thanks for any help or guidance.