Help! Landlord Returning!

RMW9129

Hi,

Hoping to get some advice regarding our current situation. We began renting a place in August last year and we were told mid-May that our landlord would be returning mid-July so we need to vacate the property. The Lettings Agent works on behalf on the landlord, but I believe two months is the notice we are supposed to be given.

Unfortunately, we are stuck financially and unable to find the money to put down a deposit somewhere new. I know some agents have zero deposit schemes but they are rare in our area and I'm aware we are on time constraints! I've also been told it's unlikely we could put the deposit on a credit card as many lettings agents wouldn't accept this.

I wondered if there was a chance of getting our deposit back early for our current house? We would be happy to stay with our lettings agents but wasn't sure if asking for the majority of our deposit back so we could secure somewhere new would be feasible? Then they could hold some of it until we have vacated the property.

Any advice would be much appreciated. Thank you in advance!

Housebuy12345

You need to ask them.

newbie1980

i would be saying that if they want you to move out on time the deposit back early is the least they can do

elsien

What sort of tenancy and how were you told you would need to vacate?

All the correct notice and dates, or a message from the letting agent which has no legal standing?

Fosterdog

How long was your initial tenancy agreement for? Have you been served with a S21 notice in writing orhave they just said they want you to leave informally?

[Deleted User]

Your tenancy does not end until a year after it started. So the same date you moved in last year (less one day to make it an exact year).

If you have not been served a S21, they still need to do this, so you have two months to leave from that date. Then to force you out they'd have to get a possession order and bailiffs warrant which will take yet more time. It can take months depending on court wait times and bailiff availability.

Bearing this in mind, if they want you to voluntarily surrender the tenancy mid July, without all this fuss and bother, they need to remove the thing that's making it impossible for you to move and return your deposit early. Probably less expensive than the LL having to find an alternative property while he waits for all the paperwork to be served correctly. Certainly less inconvenient. You actually hold the upper hand in this situation.

RMW9129

We were first told over the phone and then they hand delivered a S21 the same day! The landlord had requested we be out by July 17th,however our tenancy started on the 14th August so we did counter serve to be out by the 14th July as they said we'd have to pay £113 for the three days extra.

I don't know if counter serving makes it less likely for them to be kind with the deposit, but there's no way we can just whip out £1500 for a new deposit!

newbie1980

RMW9129 wrote: »

We were first told over the phone and then they hand delivered a S21 the same day! The landlord had requested we be out by July 17th,however our tenancy started on the 14th August so we did counter serve to be out by the 14th July as they said we'd have to pay £113 for the three days extra.

I don't know if counter serving makes it less likely for them to be kind with the deposit, but there's no way we can just whip out £1500 for a new deposit!

im sure s21 has to be dated on the rent day or is invalid

G_M

You need tobe much clearer with your information.Please provide>


* exact start date of tenancy
* exact Term or end date
* whether there is a 'Break Clause'in the contract
* exact date S21 Notice served
* exact date of expiry on the S21
* exact date you served your 'counter notice', method of service, and exact expire date you gave


It is unlikely a lanlordwould return a security deposit before the tenancy ends - it is there to protect against damage etc which cannot be evaluated till you vacate- but you can ask!


If reaching a mutual agreement to end the tenancy early, it could be part of the deal.


On the plus side, you cannot be charged fees by your new LL/agent!

RMW9129

1) 14th August 2018
2) 14th August 2019
3) There is a 'Break Clause'
4) S21 served 16th May 2019
5) Not sure what you mean by date of expiry on the S21- I can't see one?
6) 21st May we served our 'counter notice' and 14th July was the date we said we'd be out by

RMW9129

Our deposit was approx. £1500. I'm hoping to suggest either £500-1000 of that being returned prior to moving out and maybe an early inspection to check no severe damage has been done. They then keep whatever is left until the end of the tenancy and then return to us once we have moved out fully. Could suggest staying with the letting agents and finding a new property with them to sway them too.

It probably is unlikely, but we need to try otherwise we will still struggle to find somewhere else!