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Deed surrender. deposit . etc.

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330 views 1 replies latest reply: 25 October 2016

We took flat and signed 12 month AST in April 2014. England. 

LA protected deposit in Sept 2014 and put start date of tenancy June 2014, length of tenancy 12 months on dps system (?!?)

We have never received prescribed information.

April 2015, rent increase, new 12 month AST

No new AST since, presume now periodic.

Sept 2016 We find new flat and request surrender tenancy early to synchronise rent dates, so we don’t rent 2 places for 3 weeks.

LA and landlord agree to it via vague emails and say they have people ready to move straight in. The lease specifically states we need landlord’s written permission to terminate early.

Flat has been generally kept extremely well (glowing praise on inspections), but kitchen appliances need serious clean (oven, fridge, inside cupboards). 
There is also a shower that leaks downstairs (maisonette) that they never fixed properly despite coming five times and claiming it was done.
We just used the main bathroom downstairs instead.

My questions are 

What happens if they start making huge/any claims for our deposit (london professional cleaning prices, ‘we left shower fixed, you’ve broken it’), in context of deposit

Does the fact we signed a 2nd tenancy with the deposit already protected negate any recourse to the initial failure to do so?

LA is flaky and unreliable – can we predate a deed of surrender ( ie now, dated later) they sign. Panicked about
them playing us on ‘the day’ we move out. ie. no deed, ’email is fine, trust us’ etc.

Can a LA sign a Deed of Surrender?

Thank you for reading


So the agent / landlord didn’t properly protect the deposit, in regards to the time frames and to the information returned to the tenants. You can claim compensation for unprotected deposits in the courts. You would win as there is no recourse for failing the procedure if proven by the tenant.

However, deposit deductions are a separate matter, since after all your deposit IS protected. 

So, how good are the inventory reports – check in, check out, has the state of repair been updated with / before the repairs were conducted. Do you have photos ? 

The above will help you prove your case and make sure that deductions are being made only for items that genuinely need repairs or cleaning because of YOU.

Can you predate a deed of surrender ? Probably, but I’m not sure that the document will hold legally. Though if there are more evidence (like email) that prove you moved on the date, the court shouldn’t have to doubt the validity of the document anyway. 

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