Non protected deposit and early contract termination

[sohrab_rd]

Hi all

I am living in a room for which I signed a 6 month contract ending in April. However the state of the house is pitiful and the estate agents are not taking any action to improve it so I was planning to move out by the end of this month (2 months early). A clear term on the contract however states that in order to get my deposit back I need to find a replacement for the room however seen the state of things this is proving near impossible.

Now I realised that my deposit is not protected by any protection scheme as required by law, could I use this in any way to move out before the end of the contract and reclaim my deposit somehow? Would the non protection stand in a court of law against what is stated in the contract?

Thanks!

[theartfullodger]

Does the landlord (whoever is named as landlord on your tenancy agreement) live in the same building??

If it is an AST (you need to answer question above 1st) then non-protection doesn;t change the contract but does mean landlord/agent is liable to pay you between 1 & 3 x deposit so you might negotiate a deal...

[sohrab_rd]

the landlord does not live in the property.

If I went to a court of law, could they rule that the only outcome would be that the landlord has to protect my deposit?
Additionally 2 previous tenants have left the property without finding a replacement and lost their full deposit.

thanks

[jpkeates]

What do you actually rent?

[sohrab_rd]

It's a room in a 5 bedroom flat with shared kitchen and bathrooms if that's what you're asking.

[theartfullodger]

Are you renting just one room e.g. "Room 3, 63 Acacia avenue" or a "joint & several" tenancy where 5 people are all on the same tenancy agreement??

[sohrab_rd]

Renting only one room so we are all on separate contracts.

[mariner]

You cannot vacate a Room Only AST before end of fixed term, with or without NTQ. All you can do is offer early surrender, which LL can decline or accept on his terms.

[jpkeates]

That sounds like an AST, which means the deposit should be protected.

You can't leave early without the Landlord's permission.

Not protecting the deposit is illegal, which might give you some leverage in the negotiotiation.
The landlord can be faced with returning your deposit along with a penalty of 1-3 times the deposit value, which you get.
You'd have to go to court to get the penalty, so a negotiation is your best route forward.