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Renters-Do we have a right to our deposit back?
graceplant
Posts: 21 Forumite
Hi everyone,
In a bit of a pickle with our ex landlord and wanted a little advice.
We signed a 6 month lease on a 1 bedroom flat that we hadn't viewed (we were out of the country at the time and our parents viewed it for us). When we moved in, it was in a pretty bad state, extremely small with some black mould in places, some rotting skirting boards in the shower room, leaking windows, and an electric pound coin meter that cost us an absolute fortune. Needless to say the place was a bit of a dump, but it was cheap enough aside from the electric and we were desperate for a place to live so we didn't have much choice. Our tenancy was supposed to be for 6 months, but in the middle of March, as we could see a potential lockdown approaching, we decided we had to get out. There was no way we could see through the lockdown in such grim and cramped conditions. So we moved, very fast, to a new place. We left the place cleaner than we found it, and hadn't damaged anything at all. But we'd left the tenancy agreement 2 months early.
My question is, do we have any legal right to our deposit back, or did we forgo that when we broke the contract by leaving early? I've contacted the landlord but he's ignoring my calls and messages. I think I know the answer, but I just wanted to check.
PS. I don't know if its relevant, but this was a private landlord, no letting agent involved. To be honest the place was such a dump that I doubt it would be taken on by a letting agent, I doubt its even up to a legal standard to let out in the first place. The rent 'included water and council tax' although I have my doubts that the landlord ever paid the council tax on out behalf. The whole thing seemed pretty shady.
In a bit of a pickle with our ex landlord and wanted a little advice.
We signed a 6 month lease on a 1 bedroom flat that we hadn't viewed (we were out of the country at the time and our parents viewed it for us). When we moved in, it was in a pretty bad state, extremely small with some black mould in places, some rotting skirting boards in the shower room, leaking windows, and an electric pound coin meter that cost us an absolute fortune. Needless to say the place was a bit of a dump, but it was cheap enough aside from the electric and we were desperate for a place to live so we didn't have much choice. Our tenancy was supposed to be for 6 months, but in the middle of March, as we could see a potential lockdown approaching, we decided we had to get out. There was no way we could see through the lockdown in such grim and cramped conditions. So we moved, very fast, to a new place. We left the place cleaner than we found it, and hadn't damaged anything at all. But we'd left the tenancy agreement 2 months early.
My question is, do we have any legal right to our deposit back, or did we forgo that when we broke the contract by leaving early? I've contacted the landlord but he's ignoring my calls and messages. I think I know the answer, but I just wanted to check.
PS. I don't know if its relevant, but this was a private landlord, no letting agent involved. To be honest the place was such a dump that I doubt it would be taken on by a letting agent, I doubt its even up to a legal standard to let out in the first place. The rent 'included water and council tax' although I have my doubts that the landlord ever paid the council tax on out behalf. The whole thing seemed pretty shady.
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Comments
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Are you paying the last 2 months rent?2
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Have you paid 6 months of rent?0
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Start date of tenancy?End date?Any Break Clause in the tenancy?Date notice served? Date notice expired?Rent paid up to what date?1
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The end date of the tenancy was 11th June, so the last date we should have paid rent would have been 11th May. We paid our last rent on March 11th, and left the property just a few days later (around the 17th), so we only paid up until the 11th April.0
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The start date of the tenancy was December 11th1
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Right so you owe two months rent. I would expect to lose the deposit, and receive a small claim for the remaindergraceplant said:The end date of the tenancy was 11th June, so the last date we should have paid rent would have been 11th May. We paid our last rent on March 11th, and left the property just a few days later (around the 17th), so we only paid up until the 11th April.7 -
About 90% of the above is your irrelevant view on the state of the property, with minimal focus on your breach of contract.graceplant said:Hi everyone,
In a bit of a pickle with our ex landlord and wanted a little advice.
We signed a 6 month lease on a 1 bedroom flat that we hadn't viewed (we were out of the country at the time and our parents viewed it for us). When we moved in, it was in a pretty bad state, extremely small with some black mould in places, some rotting skirting boards in the shower room, leaking windows, and an electric pound coin meter that cost us an absolute fortune. Needless to say the place was a bit of a dump, but it was cheap enough aside from the electric and we were desperate for a place to live so we didn't have much choice. Our tenancy was supposed to be for 6 months, but in the middle of March, as we could see a potential lockdown approaching, we decided we had to get out. There was no way we could see through the lockdown in such grim and cramped conditions. So we moved, very fast, to a new place. We left the place cleaner than we found it, and hadn't damaged anything at all. But we'd left the tenancy agreement 2 months early.
My question is, do we have any legal right to our deposit back, or did we forgo that when we broke the contract by leaving early? I've contacted the landlord but he's ignoring my calls and messages. I think I know the answer, but I just wanted to check.
PS. I don't know if its relevant, but this was a private landlord, no letting agent involved. To be honest the place was such a dump that I doubt it would be taken on by a letting agent, I doubt its even up to a legal standard to let out in the first place. The rent 'included water and council tax' although I have my doubts that the landlord ever paid the council tax on out behalf. The whole thing seemed pretty shady.2 -
All of which would have been on the check-in inventory you signed, right?graceplant said:We signed a 6 month lease on a 1 bedroom flat that we hadn't viewed (we were out of the country at the time and our parents viewed it for us). When we moved in, it was in a pretty bad state, extremely small with some black mould in places, some rotting skirting boards in the shower room, leaking windows, and an electric pound coin meter that cost us an absolute fortune.We left the place cleaner than we found it, and hadn't damaged anything at all. But we'd left the tenancy agreement 2 months early.
You are due your deposit back, less any legitimate claims for damage above fair wear and tear - and any outstanding rent.
My question is, do we have any legal right to our deposit back, or did we forgo that when we broke the contract by leaving early?
You owe rent until the end of the tenancy - two months.
It doesn't sound as if there's any legitimate deductions.
So, assuming one month's worth of rent as a deposit, you still owe the landlord one month rent.The rent 'included water and council tax' although I have my doubts that the landlord ever paid the council tax on out behalf.
In the unlikely event the local authority trace and chase you, you can just produce your signed tenancy that states the landlord was including CT, and they'll go back to him.3 -
The above comments are correct.Incidentally, that is an unusual fixed term: 6 months plus one day....1
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I suspect you're as entitled to your deposit back as the landlord is to his 2 months rent.4
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