Withheld Deposit

Note_of_Dis-accord

I was a tenant in a 12 month agreement, my Landlord self-managed the property.

I had to re-locate and requested to leave early, I had to pay to find a replacement tenant which I understood and was happy with as was my LL. My tenancy started on 29 Dec 09 and I gave notice on 25 Jul 10, to leave on 28 Aug and so was compliant with one month notice to departure. My release from the tenancy was agreed to through the LA appointed to find a new tenant. They too had found us and administer my deposit through the TDS.

I agreed with my LL to hand back the property to him on 21 Aug. The move out was successful with no issues from the LL; he was happy in fact commented that it was cleaner than when we moved in! Prior to my departure the LA confirmed that they had found replacement tenants who were following us in. This left me in a position whereby I presumed that all was well and nothing more was expected of me.

I attempted the other day to recover my deposit from the LA, only to be told that they had not received confirmation from the LL that my utility bills were paid as this was their process when they manage the property before they release deposits. I reminded the LA that the LL self-managed and he did not stipulate this requirement prior to or at the point of me handing the property back. I then contacted the LL to ask him to instruct the LA to release my deposit from the TDS; I am sorting out my bills in my time with addresses forwarded and meter readings available. I then received a response the following day that the replacement tenants did not move in until 8 Sep 10 and that he wanted me to pay rent to cover from 29 Aug until 8 Sep; this was the first occasion that I knew that the new tenants did not immediately follow me. I told him that he had not told me this before we handed the property back, and that because of this, and that he had agreed to release us from the AST and accepted the property back before 28 Aug, that he could not expect to receive this additional rent from me. I also stated that there was no mechanism to break rent down on a pro-rata daily basis as rent should be collected monthly and that his rent for Sep was covered by the new tenants. I also reminded him that I had not received one bit of correspondence from him prior to leaving and that the release letter was from the LA. It did stipulate that I would be liable for the rent until a new tenant was found and contract signed, but they told me before I left that new ones had been found to follow us. This was not accepted by the LL, so I contacted the LA.

They were quite sympathetic and have passed it to their TDS expert. They stated that he should have communicated all of this to me prior to me handing back the property and that they would release the part of my deposit that is not under dispute and would attempt to resolve this issue; I reiterated what I had said to the LL.

I do not believe that the LL has a leg to stand on; I have done everything by the book and in writing. I do think that when he took the keys from me on 21 Aug that he then became liable again for his own property and that I then had no responsibility to pay him anything further.

Anyone help or advise please?

mynameisdave

If the b ills are in your name its not your LL's problem, and the deposit should be protected so his process is not important

Note_of_Dis-accord

thanks for a quick answer on that, I should have added that he told me that he didn't need this proof of bill payment but was after this 'additional rent'

alm721

So is the ll holding part of the deposit equal to the extra days between you moving out and the new tennants moving in? If so then he may be able to do this of your contract stated that you would cover loss of rent (or similar ) if you left early. The new tennants will only pay rent from when they moved in, not from the day you moved out. Or are you saying you have paid other money in respect of finding new tennants? If so then I think it will really come down to the contract you agreed with the ll, does it mention anything in there about this situation?

Note_of_Dis-accord

The LL is wanting to hold part of the deposit equal to the extra days; there is no mention of pro-rata breakdon in the AST. He did not tell me when the new tenants were moving in before I handed the property back. In fact only asked for this money after I asked for my deposit back some 25 days after hading the property back. The period in question is 10 days and I did pay for new tenants. The LA told me new tenants were immediately following, the LL has told me absolutley nothing until now. That is my issue, he can't ask for money from me based upon when he agreed to take new tenants and not tell me, after I am no longer subject to his AST and I had given him his property back.

tbs624

You have a choice of using the TDS arbitration or pursuing the LL to court.

Do you have anything in writing concerning the LLs agreement to your actual leaving date?

clutton_2

you signed a fixed term 12 months contract due to end on 28 December 2010. Your LL does not have to agree to an early surrender of tenancy - which is what you have done.

He is legally entitled to claim marketing costs to find another tenant to replace you, and is legaly entitled to receive rent from you until the next tenant moves in....

you have not doen "everything by the book" as you have left the property 4-5 months earlier than your are legally bound to.....

i think you are lucky to have a LL who found a new tenant so quickly.....

Note_of_Dis-accord

I do

I wrote to the LL asked to be released and gave him a date, the LA responded with a letter and stated that I would continue to be liable for rent until a new tenant was found and a new legally binding contract in place. The LA told us that new tenants were immediately following before I left. I hate to labour the point but, my LL did not tell me there was a gap and took the property back and then decided to tell me afterwards that there was a gap. I would have held on to the property if I 'd known there was going to be a gap.

He cannot take back possession and expect me to pay without telling me the period, I am presuming that cannot be correct?

Note_of_Dis-accord

Hello again clutton, I have done everything by the book as I had the ability to leave my AST early and pay for it; it was in my AST, rememebr the last thread! I gave him more than one months notice in writing and handed back his property to his requirments. He took the keys from me and did not tell me anything. As I've stated above he has taken his property back within the timeframe he agreed to without telling what I was actually expected to pay and then expects me to pay.

clutton_2

i have lost count of the number of times tenants are about to "come and sign the agreement" and then just dont turn up.....

how much money are you talking about ?

Note_of_Dis-accord

£273 - the tenants came in 10 days after us and are paying £75 per month more than we did.

I can understand your first frustration, but that didn't happen