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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice
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We decided that the flat we agreed to enter into leasing was

Customer Question

We decided that the flat we agreed to enter into leasing was not as we wanted we had paid a deposit of £650 on request we are told we must forfeit the deposit can this be correct in law
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Is this a residential property please?
Customer: replied 3 years ago.

yes

Customer: replied 3 years ago.

yes a retirement flat for the over 55s

Expert:  Jo C. replied 3 years ago.
What type of contract please?
Customer: replied 3 years ago.

do not have that information in writing just verbal what was said short term assured tennacy for two years

Customer: replied 3 years ago.

i do not have a written contract verbal was two year assured tennancy

Expert:  Jo C. replied 3 years ago.
Thank you.

How much notice did you give them?
Customer: replied 3 years ago.

six weeks

Expert:  Jo C. replied 3 years ago.
Thanks.

If you paid a deposit then they will almost certainly be saying that you agreed to take the property. If so, cancelling was a breach of contract and they are entitled to claim their losses.

However, they are under a duty to mitigate their loss by seeking a tenant to replace you. If they were able to do so before you were due to move in then they have not suffered loss so your deposit should be returned.

They would only be entitled to keep your deposit if the property remained empty despite their best efforts when you were due to move in. That is unlikely given that they had 6 weeks to let the property and the rental market is excellent at the moment.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

thanks

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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