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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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hi. I paid a deposit on 24/02/14 and it got cleared on 25/2/14

Customer Question

hi. I paid a deposit on 24/02/14 and it got cleared on 25/2/14 on 26/2/14 I decided not to move in. will the landlord be able to keep the deposit
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.

When were you due ot move in?
Customer: replied 3 years ago.

on 01/03/14 but we never signed any documents.

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I'm afraid that if you paid a deposit then you were locked into a contract realistically. Whether you signed a contract or not, paying a deposit amounts to acceptance of an offer.

You are under an oligation to pay the rent from the 1st March, in principle, for the remaining months due under the contract. However, the landlord is under a duty to mitigate his loss by seeking another tenant and he will not get forever to do that. As soon as you are replaced you are no longer liable.

I'm afraid that you are liable for the first month's rent though. If you gave him less than 4 days notice then he has not had a realistic chance to replace you I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hope he doesn't feel that way. but I do understand. thank you

Expert:  Jo C. replied 3 years ago.
Well, he may not. What could happen in law and what will happen in practice are often entirely different.

No problem and all the best.

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