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Help with deposit claim by the landlord

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552 views 1 replies latest reply: 04 December 2015
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Tenant

I gave notice early on my 6 month tenancy due to financial circumstances changed. Landlord agreed early exit as long as I paid the remarketing fees of £330 to get a new tenant before I left. I agreed. Landlord demanded I vacate the property on 27th November at 5pm. He demanded return of all keys which I did. He is now wanting to charge me 11 days rent due to new tenant being held up with moving in until 8th December. He took possession from me and forced me to move out days earlier than I thought I had to take 2 days off work unpaid because of him changing his mind. Can he now charge me rent for this period even though not my fault the new tenant has moved her moving in date by 8 days. He took possession of the property by taking the keys i can’t honestly be responsible for the payment of rent on a property I had no access too for 11 days.

help I’m a single mum of 4 and he is refusing to give me back my deposit till I agree to pay the additional charges and remarketing costs. He has increased the rent for the new tenant too so is set to make more money from the new tenant. 

Where do I stand with regards disputing the claim on my deposit? 

I paid £28k in rent over 27 months all bills paid no damage to property property left in a state ready for the new tenant to move straight in. 

I am so scared I don’t have the money for this. 

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Administrator

Hi Vicki

Do you have the landlord’s agreement in writing to you ending the contract early? If so, that would be a great help in establishing the end date of the tenancy. I’m not a lawyer but I would imagine that taking back the keys to a property signifies that someone has accepted the end of a tenancy on the date they take the keys and if you had his agreement in writing too that would be a good case against him.

You could start by raising a dispute with the deposit protection scheme holding your deposit. That money remains yours until the landlord establishes a right to any of it so he will have to convince the scheme’s dispute service that he is in the right. He can’t simply ‘hold on’ to it even though he might tell you he can. It doesn’t cost anything to raise this dispute but you do need to do it soon as you only have 3 months from the end of the tenancy. The scheme will provide a verdict on whether he is entitled to any of your deposit to cover that rent and you can help them by supplying any proof you have of the date on which the landlord took back the keys and the agreement I mentioned above.

If you want any more detailed or legal advice you can always speak to someone at Citizens Advice or a Law Centre.

Alex

 

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