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Early termination

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627 views 1 replies latest reply: 28 January 2016

Hi. I am having a slight issue with my landlord. 

I spoke to him a few weeks ago to discuss early termination of our 12 month tenancy. He agreed to this over the phone and then I emailed him to confirm. He then emailed back and claimed he didn’t realise we were still in our tenancy. We have accepted jobs elsewhere now and handed notices in at our current jobs. He has still said its ok to terminate early as long as we do a few things and one was to allow the estate agents access to allow viewings which we agreed with. 

This week the estate agent came and had a look around and today I received an email saying the house is not in order to be viewed. This is totally rediculous, it’s a lived in house, it was cleaner than it was when we viewed initially and the house had been tidied top to bottom. I know what a clean house looks like I grew up with a dad who lives in a show home, he would comb the tassels on the rug when we knocked them and vacuumed 3 times a day, so I know the house is clean. Not immaculate as we had one of our beds covered in clothes that we are donating to chairs which I wxplained would be gone and we don’t have a garage and I’m an electrician and keep some of my tools on the spare room that we don’t use but all of them are stacked away nearly. He is now threatening to charge us 1 months rent extra if we don’t sort out the issue so I called the estate agents to find out what the issue is and the girl couldn’t give me specifics just kept saying it wasn’t tidy which wasn’t true, I explained it was other than the rooms which I explained about. The bathroom was clean the kitchen was clean I had mopped and hoovered the entire house, bleached the sinks and bath. To me their explanation is unreasonable. 

I have taken photos of the house and sent them to him explaining that the house was tidier than in the photos as the photos I took were of the house when I returned home from work and the washing etc was hanging. In my opinion they are being unreasonable and I have kept my part of the agreement by allowing them in. 

The kicker here is that when we moved in he took £875 deposit and put it into a DPS, but he also asked us to put an additional deposit for cleaning the carpets when we left as we have cats of £200, this would be returned if we stayed here for 3 years. This he made us pay directly into his bank and he did not protect. 

I spoke to to a solicitor who said I could try and reason with him, which I am trying, and if he doesn’t start to be reasons I could threaten him with court for the deposit. 


i could see if he will play nice and if not just not pay him his final months rent, let him lee the deposit and he won’t have a chance of getting anything off of me because any judge would throw a court case out because of his deposit violation. This way at least I have my money and I don’t have to try and get it off of him rather than him trying to keep my deposit and having my rent money and the extra £200. I don’t want to do this as i am trying to be reasonable, I’ve given him 2 months notice and even said I will show people around the house if he needs me to. 

Does anyone one have any suggestions on what I should do

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Hi Dave

So, do you have in writing the landlord’s agreement for you to leave early? Even in an email? If so then he has surrendered the tenancy, which brings it to an end. It sounds like the agents realised this after the event and are now trying to find a way to get more cash out of you. I’m not sure if a landlord can change their minds about a surrender as I’m not a lawyer but I would have thought not.

The law requires even a pet deposit to be protected. As I said I”m not a lawyer but if this were me I’d ignore everything other than the fact that the deposit hasn’t been protected – that entitles you to make a claim for the return of the deposit, plus 1-3 times the amount in compensation. I am not sure whether the compensation would be 1-3 times the £200 or 1-3 times the entire amount – worth finding out as if the landlord is looking at potentially being taken to court for £1,075 – £3,225 then you’re in a very strong position to use it as a negotiating tactic to get him to drop all the silliness with the property being tidy (and it is silliness – what’s he basing that demand for cash on, which bit of the tenancy are you in breach of??).

Just a note of caution with not paying your rent, that puts you in breach of the tenancy agreement and gives the landlord cause to sue you if there is loss suffered as a result.


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