Landlord witholding Deposit

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    Landlord witholding Deposit

    Hi all,

    Following our original issue which can be found in the following link;

    http://www.landlordzone.co.uk/forums...Ending-tenancy!!

    We now have a new issue. My partner's old housemates have signed a new contract between themselves and the landlord. Now, before this happened, the landlord gave us a range of options and he said one was "he withholds the deposit to cover the rent until a new tenant is found". We never agreed to this and nothing was signed. Now, when we have requested the deposit back, the agency have said "you were told that the landlord would withhold the deposit to cover the rent until a new tenant is found and you did not comply with your agreement to find a new tenant".

    Now, in our minds, the new contract signed, starting 1st December 2016 means the previous one comes to an end and no periodic tenancy was entered and the 3rd vacant tenancy is now the problem of the remaining tenants and landlord and he has no legal right to withhold the deposit since my partners contract has ended. It is coming up to 2 months (value of deposit) so I am slightly concerned. How do we approach this with the agency? So far they have provided no legal proof or reasoning. We have emails to back us up in not agreeing to any of the landlords options (he didnt want the agency involved with those alternative options).


    Thank you in advance.

    #2
    How was the original tenancy ended - from the other thread, your partner had to give notice to end the tenancy for all of the tenants, and that couldn't happen within the dates cited?
    As the landlord and other tenants weren't in agreement, the tenancy should still be ongoing absent a surrender (or some other agreement).
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      My partner submitted a notice to quit the periodic tenancy on the 1st of December to end on the 31st December. However, the 2 remaining tenants signed a new agreement with the landlord beginning 1st December 2016 (what we have been told).

      Comment


        #4
        Well the landlord has a bit of an issue then - they've started a new tenancy before the old one ended.

        I'd point out the agent and landlord that the landlord can't double dip.
        Either the original tenancy continues, rent is due (from the tenant - which is all of the three) and the new agreement is probably invalid.
        Or the original tenancy ended on 1st December, and the tenant who has left is no longer liable for rent and would like their part of the deposit back (the deposit may be complicated by how it was paid and by whom).

        The landlord wasn't in any position to negotiate about the rent continuing beyond 31st December - provided the fixed term had ended before notice was served and the notice was otherwise valid.
        The notice by the tenant ended the tenancy at that date.

        By starting a new tenancy the landlord and agent have made a mistake.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Yes my point is that

          A) Landlord made a mistake by negotiating behind agents back and offering them to sublet on airbnb etc (whilst trying to get all 3 to sign a new contract.
          B) New Tenancy agreement cancels out the previous one and my partner is no longer liable for rent.

          I think we will approach it with point B, ask them for legal proof and say if no action is taken you will receive a solicitors letter in due course (Is this too strong?) I do not want to give them the option of choosing the periodic tenancy option you have mentioned. We have not yet paid for the checkout due to this ongoing issue (have pictures/video from date of move out).

          Comment


            #6
            Anyone got any further advice?

            Comment

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