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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 ageed to rent out a flat and paid the deposit and one months

Customer Question

I ageed to rent out a flat and paid the deposit and one months rent upfront but I didn't move in. Am I entitled to the deposit back?
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.

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

None really. On the day I was due to move in I told the landlord the flat wasn't suitable.

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

Obviously you were in breach of contract then.

If this is an assured shorthold tenancy agreement then you are liable to pay, in legal theory, up until the end of the contract.

However, the landlord is under a duty to mitigate his loss by seeking another tenant which can usually be achieved within one month.

If the landlord is able to find a replacement within a month then he should return your deposit but keep the first months' rent.

If he cannot do that then he would have a greater claim from you but he will need to prove that he has looked and cannot find a replacement which is not likely to happen,.

So, in short, probably you would get your deposit back.

Can I clarify anything for you?

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

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/