need help with getting deposit back

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    need help with getting deposit back

    hi everyone,
    i have told my letting agent i am having problems paying the rent and dont want to fall behind. they asked the LL for me if i can leave early (4 months into the first 6 months) and she said yes as long as they find another tennant.
    this was a week ago and they still are not advertising the property.
    i need to get out asap and they wont give me an indication of a date i can leave.
    i literally dont have any more money to give them and ive told them that!
    im thinking i might just get all my stuff out and go back to my parents this week but what are the consequences to leaving?
    can they keep my deposit although they have agreed i can go early?
    i really wanted to avoid any trouble and have been honest about my situation with them but they are not really helping me out!

    #2
    Originally posted by Shelly24 View Post
    hi everyone,
    i have told my letting agent i am having problems paying the rent and dont want to fall behind. they asked the LL for me if i can leave early (4 months into the first 6 months) and she said yes as long as they find another tennant.
    this was a week ago and they still are not advertising the property.
    i need to get out asap and they wont give me an indication of a date i can leave.
    i literally dont have any more money to give them and ive told them that!
    im thinking i might just get all my stuff out and go back to my parents this week but what are the consequences to leaving?
    can they keep my deposit although they have agreed i can go early?
    i really wanted to avoid any trouble and have been honest about my situation with them but they are not really helping me out!
    Yes they can retain the deposit. What wording did they give you offering an early surrender? As usually you would also be liable for the costs involved in re-marketing it. You are basically responsible for the losses suffered by the landlord inconjunction with you failing to comply with your tenancy agreement.
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

    Comment


      #3
      You may find the lettings agent are not being very proactive in their approach. I suspect the landlord has told them to find a replacement free of charge, or at least for a reduced fee, as there has been such a short period since he last paid them a fee. Why not place an advert on Gumtree yourself and try and find a replacement? If the lettings agent are being unhelpful you could always approach the landlord direct. The agent has a legal responsibility to provide you with his contact address.

      If you packed up and left then you would almost certainly lose your deposit unless the landlord was extremely understanding. The bottom line is you entered into a legally binding contract with the landlord/agent. Unless they agree in writing to release you from this your obligations stand.

      Comment


        #4
        Originally posted by Kelstar Property View Post
        You may find the lettings agent are not being very proactive in their approach. I suspect the landlord has told them to find a replacement free of charge, or at least for a reduced fee, as there has been such a short period since he last paid them a fee. Why not place an advert on Gumtree yourself and try and find a replacement? If the lettings agent are being unhelpful you could always approach the landlord direct. The agent has a legal responsibility to provide you with his contact address.

        If you packed up and left then you would almost certainly lose your deposit unless the landlord was extremely understanding. The bottom line is you entered into a legally binding contract with the landlord/agent. Unless they agree in writing to release you from this your obligations stand.
        uhh I find it highly unlikely that LA would be out of pocket for this... 99.99% of AST's have a clause which requires outgoing tenant to pay their fees when the contractual term has not expired.. quite rightly as in effect they're acting as an agent for T and not exclusively in the interest for LL.
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

        Comment


          #5
          I do agree with that and you're right that a vast majority of ASTs have this clause. My only comment would be that LAs don't always want the hassle of trying to claim the fees from the tenants, especially when they've already confirmed they're skint.

          One additional point for Shelly24... Do make sure you have given the agent formal written notice to vacate after the initial 6 month term. Don't rely on any verbal or informal agreements you think you have. This way you ensure you're limiting your rent responsibilities to the absolute minimum.

          Comment


            #6
            Originally posted by Kelstar Property View Post
            I do agree with that and you're right that a vast majority of ASTs have this clause. My only comment would be that LAs don't always want the hassle of trying to claim the fees from the tenants, especially when they've already confirmed they're skint.
            They would just probably then just bill LL and then recover from deposit.
            [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

            Comment


              #7
              On a legal front, case law dictates that the landlord (and therefore his agent) has no obligation to mitigate losses in the case of a tenancy - the tenant remains responsible until (if) a new, suitable, tenant moves in, her contract is completed or a formal surrender is agreed.

              As LL/LA have no obligation, it may be in Shelly24s interests to take this into her own hands - either find a suitable tenant herself, or employ an agent to find a suitable tenant.

              Comment


                #8
                Originally posted by Kelstar Property View Post
                I do agree with that and you're right that a vast majority of ASTs have this clause. My only comment would be that LAs don't always want the hassle of trying to claim the fees from the tenants, especially when they've already confirmed they're skint.
                The agent has no contract with the tenant. They could not pursue the T for their fees, only the LL.

                One additional point for Shelly24... Do make sure you have given the agent formal written notice to vacate after the initial 6 month term. Don't rely on any verbal or informal agreements you think you have. This way you ensure you're limiting your rent responsibilities to the absolute minimum.
                T has no obligation to give notice to vacate at fixed term expiry; if he vacates on or before fixed term expiry, it ends the tenancy at fixed term expiry. Obviously, it may be advisable for T to inform LL of his intentions, if only to avoid any later suggestion that a periodic tenancy arose after fixed term expiry.

                Comment


                  #9
                  thanks everyone for your input, i did think about putting in an advert on gumtree etc but wasnt sure if i was allowed to do this, i should direct them to the LA though right?

                  i do not have a written consent from the LL saying I can leave early, the LA just said that they had asked the LL on my behalf and they agreed as long as another tenant is found however they did say they were annoyed because they have to pay more fees. (although i would have left 4 weeks later legally anyway so would still have to pay fees!)

                  the LA asked me to hand in my notice to leave which i did. I wrote out a letter saying that I am giving my notice to leave the property early as has been agreed with the LA and LL. they accepted this written letter from me.

                  i think i will put a few adverts out there for this flat and perhaps see if i can get in writing that i can leave early?

                  Comment


                    #10
                    need help with getting deposit back

                    hi all,
                    i recently posted about leaving my property early.
                    basically i was 10 weeks away from the end of my 6 month tenancy and i asked my letting agent if they could ask the LL if i can go early due to financial problems.
                    when i went in to pay my latest rent payment the agents told me that the LL agrees as long as they can find another tenant to go in the property at which point i told them i am going to have to go in 4 weeks because i have no money to pay anymore. they advised me to put in my notice to leave in writing which i did that same day.
                    they said to me they thought they would have no trouble finding a new tenant as the flat is cheap, clean and tidy and they had loads of people wanting it before.
                    over that 4 week period the agents did not advertise the property at all and i had no viewings. i advertised the property myself on gumtree which is what people advised me to do on here and had about 20 emails. i replied to all of the emails giving the details of the flat and the phone number for the agents. i still had no viewings?! hard to beleive.
                    i did leave the property last week (6 weeks early)and left the place clean and tidy.
                    i wrote a letter saying i have left the property as the LL agreed i could leave early and i did give more than 4 weeks notice.

                    i have gone on the deposit scheme website to ask for my deposit back and obviously they have disputed it.
                    where do i stand on this because technically i did leave early however they did say that was ok and made no effort to get a new tenant in.
                    i dont know what to do now my deposit says its in dispute.

                    thanks for any help.

                    Comment


                      #11
                      Did you have the LL's agreement to leave early in writing?

                      It is down to the LL to agree an early surrender, and this usually requiresa financial settlement of some kind. Usually this would be something like 1 month's rent + covering LL's reletting fees. If you did not get any agreement to the early surrender in writing, then unfortunately, your tenancy agreement is still valid and binding, so LL could in fact request all rent until the fixed term end date. This is probably why he is disputing your deposit, to cover the missing rent and/or additional costs of allowing you to leave early.

                      Comment


                        #12
                        OP please do not start new threads on same topic. Previous advice may not be available
                        LL is quite entitled to hold you to the fixed term without mitigating his loss unless he accepted your early surrender in writing or by accepting return of keys.

                        Comment


                          #13
                          Originally posted by Shelly24 View Post
                          hi all,
                          i recently posted about leaving my property early.
                          Not really helpful without a link, but continuing that thread would have been better anyway, threads now merged.
                          I also post as Mars_Mug when not moderating

                          Comment


                            #14
                            Originally posted by Shelly24 View Post
                            i have gone on the deposit scheme website to ask for my deposit back and obviously they have disputed it.
                            where do i stand on this because technically i did leave early however they did say that was ok and made no effort to get a new tenant in.
                            They didn't say it was 'ok'; they said they'd accept an early surrender if a replacement tenant was found.

                            As advised in your previous thread, the agent/LL has no obligation to find a replacement tenant, so it doesn't matter that they've made no effort - legally, they don't have to.

                            Unless the LL re-lets the property before the end of the fixed term, or otherwise acts in a manner inconsistent with the tenancy continuing, you are liable for rent for the remainder of the fixed term.

                            Comment

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