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Assured Shorthold tenancy - can the landlord/agent take my deposit?
FeelingLighterAlready
Posts: 116 Forumite
I am in a 12 month Assured Shorthold tenancy agreement, with no break clause - ending 29th December 2018.
If I were to end the tenancy early (and accepting that I would need to pay the landlords reletting fees and any rent until someone else moves in) - would the landlord/agent have a right to withhold any of my deposit, purely because I end the tenancy before the fixed term is up?
Thank you.
If I were to end the tenancy early (and accepting that I would need to pay the landlords reletting fees and any rent until someone else moves in) - would the landlord/agent have a right to withhold any of my deposit, purely because I end the tenancy before the fixed term is up?
Thank you.
0
Comments
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The landlord could demand that you pay rent up till Dec 2018.
If you don't, he can
* go to court to make you pay
* use your deposit as part-payment towards the rent you owe
The deposit cannot be used as a 'punishment' though. eg if a new tenant is found and moves in, and no rent is lost, then the deposit should be returned.
If you are counting on the LL putting a new tenat in place, you must get the LL's agreement, in writing, that he accepts your Early Surrender of the tenancy.
After all, just because you move out does not mean the tenancy has ended, and a LL who puts in a new tenant in those circumstances risks being accused of illegal eviction......0 -
You cannot end within the fixed term except by mutual agreement with the Landlord.
If you act unilaterally (ie do a runner) then yes, the L can not only withhold your deposit but can also pursue you through the Courts for the rent up to the end of fixed term plus any damages, outstanding bills, etc.0 -
I understand and accept all of that, as I said above. My question is if I pay the reletting fees and the rent until they find someone, e.g. I will stay in the property until they do - would they still have a right to deduct from my deposit just because I ended the tenancy before the fixed term is up?0
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see post 2 above.FeelingLighterAlready wrote: »I understand and accept all of that, as I said above. My question is if I pay the reletting fees and the rent until they find someone, e.g. I will stay in the property until they do - would they still have a right to deduct from my deposit just because I ended the tenancy before the fixed term is up?0
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