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Notice to leave and return of deposit

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707 views 1 replies latest reply: 31 July 2015
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Tenant

I entered into an Assured Shorthold Tenancy Agreement on 28th February 2015.

The contract is for 12 months and includes a 6 month break-clause which would land on end of August.

My deposit s held with a secure deposit company.

I now wish to leave the property and am happy to give 2 months notice (leave end of septemebr 2015)

My worry is whether the landlord has right to keep some or all of my deposit because I am not staying for the full 12 months?

I’m hoping someone can advise me on the best way to deal with my situation.

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Administrator

It depends on the wording of your break clause but it should at least give you the right to leave six months after the tenancy was signed, as long as give two months notice before that date. Most break clauses only give you the right to leave on that one date – it’s not usually a rolling opportunity to give two months notice and leave at any time after six months, but it depends on your specific clause.

If you don’t have the right to exercise the break then ask the landlord if they would be happy to surrender the tenancy on two months notice – they may not say yes but it’s worth a try. If you don’t leave on the date the break clause states, and you don’t have the landlord’s agreement to surrender in writing, then you will still be liable for the rent up to February and so the landlord might be able to take this from your deposit.

Alex

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