Help/Advice Needed - Tenant wanting break agreement!

jjlandlord

princeofpounds wrote: »

For instance, let's say T paid a deposit as part of the agreement. But then both parties agree that T will forfeit the deposit for surrender. Fine. But then T takes landlord to deposit arbitration. LL can't prove any damage. Arbitration might award deposit to T anyway as it is under their scheme.

If landlord shows the signed Deed by which T accepts to forfeit the deposit I don't see how this scenario could happen.

may_fair

princeofpounds wrote: »

Actually, what you have said is a fair point, but if monetary amounts are being demanded in compensation then there is a consideration, or alternatively it is just the amendment of an already-existing contract, so I'm not sure it's quite so simple.

In any case a deed is fine if you can get one out of the situation.

If the surrender were executed in contractual form, the T could later argue that it was void through lack of consideration (i.e. T got nothing of value in exchange). If it is executed as a deed, T cannot use this argument to dispute its validity.

stevekoz

princeofpounds wrote: »

Actually, what you have said is a fair point, but if monetary amounts are being demanded in compensation then there is a consideration, or alternatively it is just the amendment of an already-existing contract, so I'm not sure it's quite so simple.

In any case a deed is fine if you can get one out of the situation.



No, of course not. But you are missing an important distinction on the deposit; that it already is set aside as a deposit for a contractual arrangement. So it's not necessarily unemcumbered money to be bounced around.

For instance, let's say T paid a deposit as part of the agreement. But then both parties agree that T will forfeit the deposit for surrender. Fine. But then T takes landlord to deposit arbitration. LL can't prove any damage. Arbitration might award deposit to T anyway as it is under their scheme.

Or T agree LL can have deposit. LL re-enters house on surrender of tenancy and finds that T has stolen fittings to value in excess of deposit. LL no longer has address for T - what now?

Agreeing a sum of money equal to the deposit fine, just be aware that the deposit isn't under your direct control at all points and has rules on its use separate to what you may wish to do with it.

I am aware totally that it remains their money until such agreement is made and if any such arbitration agrees or disagrees and i'm willing to go throught hat process if necessary.

I simply meant that by forfeting us the deposit they wouldn't need to find another sum equal to a months rent because it was right there. They can happily have the deposit back following an inspection and if there is any damage, things missing, cleaning to be done we can request that be taken from it before the remainder is released to them, not an issue, happy to do so, but that means also they need to find us a further £475 from somewhere.

Just seemed the easier of the two options IMO but may be its not, may be i should just take normal costs if any incurred and request they pay us 3 months in lieu as people have suggested. Same amount just got to a different way.

If that happened i could instigate legal proceedings for theft through the police i believe and/or small claims court still if i was able to provide proof the items didn't belong to them - which i can as i have a signed inventory and photos of all fixtures and fittings etc.

rexmedorum

may I suggest that pursuing small claims court isn't that expensive if it comes to it? I mean if they were not to leave (& hand back the keys) you would have to do so anyway to get poesssion back.

By the waywould it be worth serving an s21 notice for the end of the tennancy? Or at least make sure you don't forget to do this.

By the way the story does not sound very credible: redundancy without any proof? Surely the employer has to let them know in writing? And they now want to move out more or less immediately ... Seem to me they found somewhere better and want to get out of paying.