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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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I AM A PRIVATE LANDLORD AND TENANTS SIGNED TENANCY AGREEMENT

Resolved Question:

I AM A PRIVATE LANDLORD AND TENANTS SIGNED TENANCY AGREEMENT ON 2ND DECEMBER 2013 AND PROVIDED DEPOSIT.tTHEY HAVE NOW INFORMED US THAT THEY DO NOT WANT THE HOUSE, COULD YOU PLEASE LET ME KNOW WHAT OUR RIGHTS ARE AND WHEN WE HAVE TO RETURN DEPOSIT TO THEM.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

What type of contract is this?
Customer: replied 3 years ago.

Tenancy Agreement for an assured shorthold tenancy

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

When were they supposed to move in and when did they give notice please?
Customer: replied 3 years ago.

1st January 2014.They gave us deposit on 2nd December and gave notice this morning.

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

That is all I need to know. Your tenants are in breach of contract. They signed an AST agreeing to move in and they have not.

The starting point is that you have a claim against them for the remaining months due under the AST.

However, you are under a duty to mitigate your loss by seeking another tenant. The practical reality is that I imagine you would be able to replace them with you a month or so even allowing for the Christmas period. Until you do replace them, the tenants are liable.

In short, unless you can find somebody to move in on 1 January 2014 you are under no obligation to return their deposit.

Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

The tenants say they are entitled to a 7 day cooling off period,is this correct under law?

Expert:  Jo C. replied 3 years ago.
No, its completely wrong. Thats just the usual nonsense that they've read on the internet. A little knowledge is a dangerous thing.
Customer: replied 3 years ago.

Thankyou very much for your help.IfI have any more questions tomorrow am I able to come back to you?

Expert:  Jo C. replied 3 years ago.
Yes, no problem. The question won't close from your side.

All the best.

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’.