Deposit dispute

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    Deposit dispute

    I hope that somebody can help me with this. I was renting the flat through agency. Before signing the contract I asked the agency about the terms and what is minimum letting period as this was my first letting in this country. They told me that contract is for 1 year but I can leave after 6 months with 2 months written notice. I signed the contract with £900 deposit for 6 weeks, but never looking that in contract says 1 year fixed term (no break clause mentioned). Just before my 4th month I went to agency and gave two month written notice to vacate the flat. Agent signed my notice and I got a copy. Few days before my moving out date and when all my heavy staff already removed I got a call from same agent saying that I can't move out and even if I move out I won't get deposit back and I need to continue paying until my contract finish (another 6 months). I left the flat on Monday but I don't know what is my position. Can they force me to pay for another 6 months as I haven't got any money and that was why I moving out.Can I ever get my deposit back.
    Thanx in advance
    Ed

    #2
    they cant do this to you.

    1) you need to check your contract again for the break clause.
    2) If there is no break clause then they can make soime charges but certainly not what they are claiming. The most they can claim for is their actual losses and they are obliged to try and reduce these. So they woul dhav eto try very hard to find a tenant to replace you and the they can charge you fpr the costs of remarketing the property and for any vacant weeks.
    3) how is the deposit held - your contract should say ?

    Originally posted by Eddie09
    I hope that somebody can help me with this. I was renting the flat through agency. Before signing the contract I asked the agency about the terms and what is minimum letting period as this was my first letting in this country. They told me that contract is for 1 year but I can leave after 6 months with 2 months written notice. I signed the contract with £900 deposit for 6 weeks, but never looking that in contract says 1 year fixed term (no break clause mentioned). Just before my 4th month I went to agency and gave two month written notice to vacate the flat. Agent signed my notice and I got a copy. Few days before my moving out date and when all my heavy staff already removed I got a call from same agent saying that I can't move out and even if I move out I won't get deposit back and I need to continue paying until my contract finish (another 6 months). I left the flat on Monday but I don't know what is my position. Can they force me to pay for another 6 months as I haven't got any money and that was why I moving out.Can I ever get my deposit back.
    Thanx in advance
    Ed

    Comment


      #3
      Thanx Zoe.
      There is no break clause and deposit is held by landlord. I spoke with agent this morning and ask him to give me landlords address which he refused saying that he is acting for LL. In contract there is LL name with address of of letting agency.

      Ed

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        #4
        By LAW the agent MUST gove you the Landlords address. Write to him requesting it within 28 days or you wil take it further.. look through the threads for the reevant case law
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

        Comment


          #5
          Eddie09: zoe is right that they cannot force you to keep paying rent to the end of the lease. They must try to find a replacement tenant, and from the start of his tenancy your liability will be reduced by whatever rent he pays.

          But I also think that in the circumstances you describe you may well only be liable for the first 6 months. If you were verbally told there was a 6-month break clause and you gave the requisite 2-months notice, which was acknowledged by the agent's signature, it seems to me, regardless of what it says in the lease, that you have been given an agreement with a 6-month break clause, and your notice has been correctly given and accepted by the agent. In English law it is not just what you sign up to on paper that is important, it is also what is said. Good luck.

          (justaboutsane - The LL has to give an address for serving notices etc but it does not have to be the LL's address - it could be, as in this case, the letting agency's.)
          Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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            #6
            Thanx jastabotsane and lawstudent and zoe ofcourse

            Comment

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