End of contract/landlord dispute

slums999

Hi all

I have just moved homes, my contract on my old flat ends 29/09/13, my Landlord had agreed verbally to allow is to leave 2 weeks early and reimburse what is due as I had paid a full months rent, he has also released out deposit with the estate agent and is now refusing to return what is owed, the reason being is he can't get his new tenants to move in until the end of the month.

The fact that he has released our deposit and checked us out which he done so in writing and I have recieved our deposit back, do I have a case with the small claims court in trying to recieve the rest of my money

Would appreciate any help on this

BitterAndTwisted

Normally, you would be liable for the full rental-period regardless of how early you surrendered the property back to the landlord. As you did not receive anything in writing from the landlord confirming that the two week's rent would be reimbursed, you are in a very weak position indeed. I wouldn't risk court under such circumstances as I would expect to lose.

BitterAndTwisted

The OP has received their deposit back in full, so those no-win, no-fee shysters probably won't be needed. They charge about 30% of any penalty imposed, so not necessarily a good deal.

Still, this won't help the OP get back their two week's worth of rent, and I don't think anything will as they are not legally entitled to it.

Tinks32

It sounds like the op's deposit might not have been protected by the landlord, so I just wanted to point out that if this is the case she can employ a company like this to fight on her behalf. Yes they do charge up 35% to do it but in my friends case the amount she was owed by her Landlord was over £10,000 so they capped their fees at £3000.
Apologies if my post is against forum rules, I am sure that if this is the case it will be removed. However I was merely just trying to help the OP out.

Tinks32

I would guess that the Landlord is within their rights to withhold the money as the new tenants were unable to move in, if the deposit had been protected I am sure that this would have come up with the deposit scheme and the OP would have been asked if they were due any rent back.

Guest101

Tinks32 wrote: »

I would guess that the Landlord is within their rights to withhold the money as the new tenants were unable to move in, if the deposit had been protected I am sure that this would have come up with the deposit scheme and the OP would have been asked if they were due any rent back.

not if it wasnt contested

Voyager2002

I don't understand...

You had a contract, and agreed to pay rent up until the date the contract expired. Now you are asking about going to law to get out of making the payments to which you agreed. What makes you imagine that a court would find in your favour?

ValHaller

Voyager2002 wrote: »

I don't understand...

You had a contract, and agreed to pay rent up until the date the contract expired. Now you are asking about going to law to get out of making the payments to which you agreed. What makes you imagine that a court would find in your favour?

We are not there yet, but if LL does move new tenants in before 29 September, then I believe there is a case to be heard.