Deposit Query

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    Deposit Query

    Hello all,

    As the title states, this question is related to a deposit query I have. I'll try and provide you with a few details and then my question. I am a potential tenant.

    I found a property that I wanted to move into with my girlfriend. We paid for reference checks and we both passed. We met the landlord a few days a go who gave us the tenancy agreement to take away with us to review, however he asked that we make a deposit payment. We made a bank transfer of the deposit amount, however we have yet to give him a signed tenancy agreement.

    Sadly personal issues have meant we will not be able to move into the property. What are our rights in obtain our deposit back as we've not signed the tenancy agreement nor was the deposit used to "secure" the property for us.

    Thanks

    #2
    You currently have an oral contract to create a tenancy. If you breach that contract then you can be held liable for the landlords losses - BUT - he has to mitigate those losses, ie keep them as small as possible.

    He was expecting rent from date X, that's not going to happen and so he stands to suffer lost rental income. Therefore, what is likely to happen is, he will keep the deposit in lieu of that. You can sue him for it and you would win, but he may well counterclaim for his mitigated losses and they may be for much more if it takes (say) 6 weeks to find someone new.

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