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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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It is about my previous tenancy. It was a 3 months contract.

Resolved Question:

It is about my previous tenancy.
It was a 3 months contract. 550 deposit + 550ppm. At the end of the 2nd month I told my landlord that I would leave in 20 days (without using the last 10 days of my contract). He said to me to pay for the last month about 400, instead of 550, and in case he will find someone else to move in he would give me back the whole of the deposit; otherwise I would keep 150£, so that my overall expense is the same if I had lived there for 3 months.

He didn't find anybody, so I expected to get 400 out of 550 of my deposit. But he ended up not giving me back anything because I was responsable of a "breach of the contract". I would like to know I was fooled when I agreed to pay 400 instead of 550 (I have the text in which he says to pay 400 by the way) or if it is worth suing him.

This guy is a "professional" landlord with many properties and I guess he was assured by his sollicitor that I could keep my deposit.

P.S. while paying my 400£ for the last month, I also paid 550 for a bank error I made. He gave me back the extra 550£ a few days before my departure. I don't know if this can be another evidence of the fact that I didn't want to get away with paying less money than due.
many thanks
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.

Sorry if Im missing the point but on what basis are you hoping to sue? You seem to have only given 20 days notice?
Customer: replied 3 years ago.

the point is. At the end of the second month I gave notice (1 month before the end of the contract, which would be fine). I except that in the worst case I pay the whole of the three months.


 


If the landlord doesn't give me my deposit back the overall cost is 3months+20 days. And it quite odd that I pay more to stay in the property less time.

Customer: replied 3 years ago.

sorry can you read my "hystory" again? You may have missed some steps

Expert:  Jo C. replied 3 years ago.
Is this an assured shorthold tenancy agreement?
Customer: replied 3 years ago.

yes of course

Expert:  Jo C. replied 3 years ago.
What were the dates of the AST and when did you give notice exactly please?
Customer: replied 3 years ago.

the AST started the 24th of november. I gave notice the 23th of january (and I left the 15th of february, but this shouldn't be relevant)

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

The date that you actually leave is not relevant. The issue is the date upon which you give notice.

If you gave notice on the 23rd January and the term date was the 24th January then that would be the beginning date of your notice.

If this is an AST then you only have to give one months' notice which would expire on the 24th February.

You are liable up until the 24th February but thereafter I'm not sure what his claim is.

I suppose he could be arguing that you have to give two months notice but that would not be supported if this went to court.

You could always sue at the small claims court here

www.moneyclaim.gov.uk

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The issue wasn't about the notice (which I forgot to say, was one month).


 


But about the fact that for the last month (the contract ends the 24th of february) I paid only 400 instead of 550 (he told me to do that). At least this is the only fact that he can rely on to demonstrate that I was responsable for the "breach" of the contract.

Expert:  Jo C. replied 3 years ago.
Yes, and that is fine but his only claim is for the difference between £400 and £550 of £150.

He cannot just withhold your whole deposit.
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