Landlord won't let me leave — how do I make her?

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    #16
    I obviously wouldn't go through the whole legal process just to seek compensation, but I wouldn't want to walk out with a loss either. I'd rather leave and be in a more comfortable situation, but my rent is £1k a month, and my deposit is 6 weeks, so more than that, and I'm just trying to understand if I have any leverage at all if I were to leave and claim it back, because it's not a small amount.

    Yes it would mean breaking the agreement but after all didn't she break it first? I assume I'd have to legally notify her in some way, e.g. with a letter, of my discomfort in order to prove I raised her being in breach therefore being the reason why I want to leave and fall short of my contract.

    Anyway, I do realise this is tricky and I'm probably insisting on the same points without much I can do. One of the clients I deal with at work is a property lawyer and I'll try and get some advice. If anything comes out of this, I'll make sure to post any solution I can come to, if anyone should ever find themselves in this situation, as unlikely as it is.

    Thanks for all the advice I received so far, it's been definitely helpful and most appreciated.

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      #17
      Originally posted by LetMeOut View Post
      my rent is £1k a month, and my deposit is 6 weeks, so more than that, and I'm just trying to understand if I have any leverage at all if I were to leave and claim it back, because it's not a small amount.
      £1000 per month? Where on earth do you lodge - this is a ridiculous amount for one room and use of bathroom in a landlord's house, even in London!
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Fight fire with fire. Make her desperate to make you leave.

        Tonight in the middle of the night, knock on her door. "Hello, hello, hello" the walk into her room and wake her up saying "Hello, I hoped you'd be awake, but I'm awake now so I may as well hoover your room" Turn hoover on and start vaccumming.

        Tomorrow. Do something equally irritating.

        She'll soon ask you to leave.

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          #19
          @mind the gap: It's not so unusual for the area I live in in London. Unfortunately there's not many places that are ideal location wise and this is extremely convenient for me to commute to work but also very well connected to the centre. The house itself is great, and everything is overpriced in London so I'd happily pay until the end if it wouldn't be for these issues.

          @Logical.Lean: I thought about this too. But she would still try to get money out of me even if I'd leave, assuming she has the right to do it.

          According to a lawyer I spoke to if she stands by agreement then she'd have to repay my deposit AND a penalty as she only protected it a few days ago when I mentioned it and I guess she got scared...so she actually helped me understand she doesn't really know where she stands, and proved my point. Also there would be a number of other things I could call her out on as she failed to comply to laws he listed out for me in a letter before action.

          If she doesn't stand by agreement, that would mean our agreement is a license and not an AST so she'd have to let me leave with 28 days notice and return my deposit which is actually now protected, so she couldn't get a hold of it unless I'd agree to it.

          Lawyer wrote both letter before action for claim, with a reasonable settlement agreement in it, and letter of notice if she does realise she got me the wrong kind of contract and admits this is in fact a license.
          He did make me feel quite relieved as there's more I can do than I thought there would be, so my plan is to now look for alternatives and give her the LBA once I know I have a place secured somewhere else. If everything goes well—if she agrees to my settlement—I'll pay a holding deposit for the other place and move in there by end of month. If not, I'll have to stand to the 28 days rule and probably make a claim for my deposit back.

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            #20
            Just a side issue, but for £1000 you could rent a 1 bed flat in zone 4 (such as Wembley) with excellent transport links. Depends on your priorities I guess but worth considering if you don't want to share with another landlady

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