PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

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

f.castle
f.castle Posts: 85 Forumite
Fifth Anniversary 10 Posts Name Dropper
edited 28 January 2023 at 2:58AM in House buying, renting & selling
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,

Comments

  • Murphybear
    Murphybear Posts: 8,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    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.  
  • 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. 
  • @_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
    RAS Posts: 35,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So the student needs to grab hold of that 3 week appointment with both hands. 
    If you've have not made a mistake, you've made nothing
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 January 2023 at 10:55AM
    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).
    No free lunch, and no free laptop ;)
  • RAS
    RAS Posts: 35,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    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.
    If you've have not made a mistake, you've made nothing
  • propertyrental
    propertyrental Posts: 3,391 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 28 January 2023 at 12:14PM
    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


  • 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...)
  • 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
    saajan_12 Posts: 5,153 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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. 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.4K Banking & Borrowing
  • 253.3K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.4K Work, Benefits & Business
  • 599.7K Mortgages, Homes & Bills
  • 177.2K Life & Family
  • 258K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.