Claiming deposit back before start of tenancy

heartofglass89

Hi there just wondering if anyone has any advice,

Me and my partner have split up and I was wondering if we were entitled to some of our deposit back for the flat we were planning to move into September.

We paid the deposit to a letting company around January time and it has been placed into a TDS. I've had a scout around on the web and can't really find any advice. I'm guessing we probably have lost it but any help would be great.

Thanks

Blacksheep1979

are you still planning on moving into the property? If so the landlord will still want his deposit...

lizzielondon

hey i'm sure a read somewhere about deposits that if the contract hadn't yet been signed by both you and the landlord and if the keys hadn't been given to the tenant yet you could get it back

obv if you have signed a contract you're liable to pay the rent for the fixed term so if you want to get out of it you'll have to pay the costs of reletting- unless the LA/LL decides to be kind- december is a long time way why did you put a deposit down so soon

the holding deposit will not be returned

would have assumed you meant holding deposit but you say it's been put in a scheme so must be the scurity deposit?

heartofglass89

Blacksheep1979 wrote: »

are you still planning on moving into the property? If so the landlord will still want his deposit...

No as we've split up?

lizzielondon

ooo sorry september- ok less far away

heartofglass89

lizzielondon wrote: »

hey i'm sure a read somewhere about deposits that if the contract hadn't yet been signed by both you and the landlord and if the keys hadn't been given to the tenant yet you could get it back

obv if you have signed a contract you're liable to pay the rent for the fixed term so if you want to get out of it you'll have to pay the costs of reletting- unless the LA/LL decides to be kind- december is a long time way why did you put a deposit down so soon

the holding deposit will not be returned

would have assumed you meant holding deposit but you say it's been put in a scheme so must be the scurity deposit?

I presume so, the paperwork is at the flat with my partner at the moment so I am not sure. Well because things were great, then things didn't become so great (it's a very long story to be honest...)

The contract was signed by us, and the letting agency on behalf of the landlord so I presume that's that. Didn't think about the reletting costs. Sigh.

Thanks for your advice, I'm just going to have to see them tomorrow I guess!

lizzielondon

the LL has to sign themself- i *think*

do you know for definite its in a scheme? how much was it in relation to rent i.e. 1 week, 1 month etc? would help to give a hint if it was a holding or security deposit

if the contract hasn't been signed and the deposit you gave was a holding deposit i don't think you can be charged further i.e. reletting costs

<sebb>

Its very early to be paying a deposit if you're not moving in until September. That should be plenty of time for the landlord to find other tenants. They might charge you for readvertising costs, but that shouldnt be the full deposit.

heartofglass89

lizzielondon wrote: »

the LL has to sign themself- i *think*

do you know for definite its in a scheme? how much was it in relation to rent i.e. 1 week, 1 month etc? would help to give a hint if it was a holding or security deposit

if the contract hasn't been signed and the deposit you gave was a holding deposit i don't think you can be charged further i.e. reletting costs

Yes for definite, we have a certificate dated etc. It was £500 pounds, rent is £440 and they charged us administration fees on top (not sure how much they were). I think the deposit would have been security as we dealt with them this year and followed the same procedure.

Sorry I can't be more helpful, tried to get my ex to dig out the contract but apparently he's going to find a guarantor and take it over. So he's not being helpful with the facts!

G_M

Until you know what you're talking about no one can advise you.
There's a deposit: don't know how much, don't know if it's a security deposit or holding deposit.
There's an admin fee - don't know how much, what for.
There's a partner trying to take over the tenancy with guarantor. Might succeed in which case deposit will stand, then again might not.

If the tenancy has not commenced, a security deposit should be returned. However if you've signed a contract you are liable for costs associated with breach of contract.

Landlord doesn't have to sign if he uses an agent. An agent is just that...an agent acting for the LL !

Blacksheep1979

heartofglass89 wrote: »

No as we've split up?

Well one of you may have still intended moving in - you weren't exactly clear on that matter in your original post.

If you've signed a contract you're either going to have to find someone acceptable by the landlord to take over the contract or pay any costs he incurs in finding someone (and or rent until this happens). You won't be seeing your deposit until there's a replacement (or the landlord is a fool).