AST- Deposit was not protected- can I simply leave the AST?

f.castle

Hello,

lets assume the student tenant is me for simplicity (real situation).
we did some research and found my deposit for an AST (no break clause) was never protected. Can I simply leave the AST and say the landlord is in breach of the AST agreement, so it is not valid, and I not liable for the remaining months rent (7 months left).
I know I can try take them to court and receive 1-3x the monthly rent back, but I want to leave. 
I had tried to find a find a replacement student tenant but on the day of move in/move out the landlord asked for 3 months rent in advance which has caused the new tenant to back out, and this will likely happen with every student replacement I find.

Goal is to leave the property without any further cost to myself and get my deposit back. I had found someone new, which the landlord accepted right uptil the last moment when they suddenly asked for 3 months rent upfront rather than 1 month; the landlord is making it difficult at the last moment despite even agreeing the day I leave, saying she wont serve the notice to surrender, and I have not told them I know my deposit is not protected.

thanks,

Murphybear

No you can’t just leave because of that.  Have a look at the Shelter website, they have a lot of helpful and accurate information.  

_Penny_Dreadful

f.castle said:

Hello,

lets assume the student tenant is me for simplicity (real situation).
we did some research and found my deposit for an AST (no break clause) was never protected. Can I simply leave the AST and say the landlord is in breach of the AST agreement, so it is not valid, and I not liable for the remaining months rent (7 months left).
I know I can try take them to court and receive 1-3x the monthly rent back, but I want to leave. 
I had tried to find a find a replacement student tenant but on the day of move in/move out the landlord asked for 3 months rent in advance which has caused the new tenant to back out, and this will likely happen with every student replacement I find.

Goal is to leave the property without any further cost to myself and get my deposit back. I had found someone new, which the landlord accepted right uptil the last moment when they suddenly asked for 3 months rent upfront rather than 1 month; the landlord is making it difficult at the last moment despite even agreeing the day I leave, saying she wont serve the notice to surrender, and I have not told them I know my deposit is not protected.

thanks,

Have you been talking to Jack’s dad down the pub again? Has Jack not gone to the university’s support services for advice yet? 

@Murphybear is correct, a failing of the landlord does not make the contract null and void. 

f.castle

@_Penny_Dreadful They can only offer him an appointment in 3 weeks at a legal clinic they run. Tried CAB and Shelter but no response. 
@Murphybear yes thanks, it has some good resources- needed to speak to someone re. the nuances of the situation but no answer/ chat facility was busy.

RAS

So the student needs to grab hold of that 3 week appointment with both hands. 

macman

You have all the advice you need: failure to protect the deposit does not void your fixed term AST. If you want to break your contract then you and the LL have to mutually agree to end it early. All non-protection does otherwise is make it impossible for your LL to gain a possession order by way of an S21.
The solution is very simple: you say that you will not sue for up to 3x the deposit value in return for early surrender without compo. Unless he is an idiot he will agree, as there is no defence to non-protection-you will win (though the award is rarely 3x).

RAS

By the way, based on a previous thread here, protecting the deposit late doesn't let the LL off the hook. Does make it easier for the tenant to get the deposit back, but the tenant successfully sued and got the penalty payment.

propertyrental

As others have said, no the contract is not void and Jack's obligations remain.

He could of course negotiate an Early Surrender, on any date he and the LL agree, using the failing to protect the deposit as a negotiating tool.

Any ES agreed should be clearly confirmed in writing.

Etiquette here is to add supplementary Qs to your original thread rather than start one or more new ones:

https://forums.moneysavingexpert.com/discussion/6419957/not-paying-an-unfair-student-landlord#latest

theartfullodger

Yes you can leave, anytime, no problem.  But you remain liable for rent until tenancy is ended. That's ALL the rent (as are all joint tenants).

The stupid landlord (I'm a landlord btw) has made a big mistake with this as you (well, all the tenants jointly) can sue him for up to 3 times deposit.  Plus until returned any s21 will be invalid so not easy for him to evict anyone.

But given he's made such a dumb mistake suspect he'll have got other things wrong (eg Gas and electric safety, fire safety...)

LegallyLandlord

The landlord might be happy to let you go early as they’ll be able to put the rent up and shouldn’t have trouble finding renters with the shortage of rental properties. 

Beggars belief they didn’t register the deposit. Basic landlord stuff but you can use it as a bargaining chip 

saajan_12

f.castle said:

Hello,

lets assume the student tenant is me for simplicity (real situation).
we did some research and found my deposit for an AST (no break clause) was never protected. Can I simply leave the AST and say the landlord is in breach of the AST agreement, so it is not valid, and I not liable for the remaining months rent (7 months left).  - no, an agreement has to be entirely unperformable (eg house falls down) to be frustrated like that.. this is just a breach of an individual term. The remedy is for the LL to resolve the breach (ie protect the deposit), pay damages (none yet) and pay any penalty (1-3x deposit). The rest of the contract continues as normal. 

I know I can try take them to court and receive 1-3x the monthly rent back, but I want to leave. - you don't have a right to leave (well to terminate your rent liability). So you just have negotiation. 
I had tried to find a find a replacement student tenant but on the day of move in/move out the landlord asked for 3 months rent in advance which has caused the new tenant to back out, and this will likely happen with every student replacement I find. - well its up to the LL who they pick, so they can put whatever criteria they like. You're asking to change a binding contract, so they don't have to be 'reasonable'. 

Goal is to leave the property without any further cost to myself and get my deposit back. I had found someone new, which the landlord accepted right uptil the last moment when they suddenly asked for 3 months rent upfront rather than 1 month; the landlord is making it difficult at the last moment despite even agreeing the day I leave, saying she wont serve the notice to surrender, and I have not told them I know my deposit is not protected.

thanks,

Comments in line. Your options are to negotiate (no seeking deposit penalty in return for LL terminating your tenancy) or stay put.