Letting agent deduction of rent from deposit

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    Letting agent deduction of rent from deposit

    I have recently moved out of a rented property. The tenancy renewed on June 10th last year, however in October I informed the letting agent that we would like to leave the property by February 10th due to a change in circumstances. They agreed that this was fine and we paid £595 for a re-advertising fee. A new tenant was found at the beginning of January. At this point, despite stating that we would like to end the agreement on February 10th, the letting agent asked to vacate on 31st January. We stated this wasn't possible and also rent had been paid for until February 10th. The move out date was eventually agreed as February 10th. In the interim the usual checks were being completed by the tenants moving in. We were informed that February 15th was their actual move in date - this then changed to February 17th. The letting agent has subsequently deducted 7 days rent from the deposit paid at the beginning of the tenancy. Is this allowed to happen, considering they requested we moved out by February 10th? We have now paid rent for a period of time that we did not even have access to the property.

    #2
    Presumably your tenancy started on the 10th of a month?
    When was the end of the fixed period following the 10th of June renewal?

    In other words was this part of a negotiation to end the tenancy during a fixed period, i.e. in breach of an agreement? - in which case anything goes - it's a negotiation...

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      #3
      Yes - the tenancy runs from June 10th to June 10th. There was no negotiation process - they just asked for re-advertising fee. The move in date for the other tenants kept changing - despite their paperwork being completed by 31st January

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        #4
        Well it sounds as if there was a semi-negotiation of sorts. These sorts of things really should be in writing, agreed, and accompanied by a deed of surrender. However since you have defaulted on about 4 months of an agreement, you are not in a great position to argue the exact details of that default (unless formally agreed differently). Essentially you are paying a penalty/agreed compensation - which should actually have been agreed.

        The Tenant Fees Act may however apply to these sorts of situations (and if implemented you would probably have had to stay and pay until June).

        Presumably the tenant they found to move in at the end of January could not move in - because you prevented that?

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