Question: Landlord won't refund my prepaid rent

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    Question: Landlord won't refund my prepaid rent

    Hello,

    I entered into a AST for an academic year and was obligated to pay a full year's rent upfront. However, I had to defer uni last minute and found a replacement tenant to take over my contract which the landlord agreed to. The tenancy was signed over and surrendered but the landlord refused entry to the replacement tenant until the replacement transferred the remaining 6 months rent to him despite me already paying it in full. The replacement did so immediately and when I asked him when I will get my refund since we've both paid, he insist he needs to keep it till the end of the tenancy as a 'safety measure'. It is currently way past the end of the tenancy, he initially said he needed more time to pay me back which I agreed to, now he refuses to refund the prepaid rent back on the grounds of covering 'damages' even though he has already deducted damages from our deposits (and the remainder has already been returned). Can he refuse the refund and pocket two portions of rent or deduct 'damages' from prepaid rent?

    #2
    The landlord should be asked for evidence that the money you paid was protected as it was clearly being used as a deposit associated with the tenancy.
    The penalty for not protecting such a deposit is up to three times the value of the sum received.
    The amount of the deposit is above the legal limit.

    I’d talk to a solicitor about this though.
    The landlord is a crook.
    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).

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      #3
      Your LL has behaved appallingly and I believe illegally. Have you looked at MCOL (money claim on line)? This is in effect taking him to court but is cheap & easy to do.

      Your LL sounds to me like he thinks he can bully you because you won't take further action so look at the MCOL site and then write a Preaction letter to your LL telling hm you are going to court. Hopefully when he realises you mean business he will pay up.

      Good luck

      Comment

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