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Should I ask for my deposit back?

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HopeAndDriftWood
HopeAndDriftWood Posts: 2,483 Forumite
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edited 1 February 2010 at 2:51PM in House buying, renting & selling
Can this be closed, please?
Signature down for maintenance :rotfl:
«13

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  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
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    Was the member of staff concerned disciplined at all? If not, I would be going to the College/University authorities and make a format complaint of harassment, as you seem to have some evidence to back up your claim.
    "You were only supposed to blow the bl**dy doors off!!"
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
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    if you leave a contract early then you will lose your deposit... as the LL will need to find another tenant and is legally entitled to use your deposit to fund that process....

    i might ask about a refund on the years internet - how much did you pay ?
  • N79
    N79 Posts: 2,615 Forumite
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    SaucySecrets wrote: »
    My contract stated that if I left, my deposit of £350 would be lost, and I would have to find another tenant to take over my room.

    The bold part says it all really, the rest is just irrelevent.
  • Rick62
    Rick62 Posts: 989 Forumite
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    N79 wrote: »
    The bold part says it all really, the rest is just irrelevent.

    Not if they were being harrased. Quiet enjoyment?
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • melancholly
    melancholly Posts: 7,457 Forumite
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    involve the university housing office. even if you don't get your deposit back, the behaviour of staff at the halls should be noted and they have the power to make the company chance their attitude.
    :happyhear
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
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    ""Quiet enjoyment?"" - but the lack of quiet enjoyment here was not caused by the landlord and is nothing to do with the tenancy contractual obligations as the nuisance was caused by a third party....
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
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    clutton wrote: »
    ""Quiet enjoyment?"" - but the lack of quiet enjoyment here was not caused by the landlord and is nothing to do with the tenancy contractual obligations as the nuisance was caused by a third party....

    The OP said it was a staff member - presumably employed by the manager and/or landlord?
    "You were only supposed to blow the bl**dy doors off!!"
  • HopeAndDriftWood
    HopeAndDriftWood Posts: 2,483 Forumite
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    edited 1 February 2010 at 2:51PM
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    Edited to remove information, as I do not need any more opinions.
    Signature down for maintenance :rotfl:
  • N79
    N79 Posts: 2,615 Forumite
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    OK - you can tell that I got out of the wrong side of bed this morning.

    The remedy for a breach of contract is damages.

    Time and time again we see people on this board that say that my LL failed to do X (quiet enjoyment, a repair or something). Can I now leave the contract?

    Lets turn this on its head. A T fails to meet a contractual obligation (eg 1 day late with rent, smoked in the property, broke a window). Can the LL now throw the T out?

    The simple fact is that tenancies can not be ended on the basis of minor breaches by either party and hence while the T may or may not have been denied "quiet enjoyment" by their LL or their agent, this fact, of itself, does not end the contract. The T could have availed themselves of the remedies to which they are entitled. Voiding the contract is not one of them.

    In this case clearly the LL agreed to an early termination. As is so often the case the T assumed that certain terms beneficial to them would be applied to this early termination. This was not the case. The LL is applying the strict terms of the contract (as they are entitled to do).

    Accept you mistake and move on.
  • HopeAndDriftWood
    HopeAndDriftWood Posts: 2,483 Forumite
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    edited 1 February 2010 at 2:52PM
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    Edited, no more advice needed.
    Signature down for maintenance :rotfl:
This discussion has been closed.
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