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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 803
Experience:  Solicitor with over 15 years experience.
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hi, if i sublet the property(in the AST, no subletting is allowed)

Resolved Question:

hi, if i sublet the property(in the AST, no subletting is allowed) and being asked to move out by the landlord, can they keep my deposit? thx
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help with this.

LondonlawyerJ :

Subletting is a breach of the tenancy agreement that can lead to possession being lost. The deposit is only to do with the condition of the property. If the property is undamaged (by you or your sub tenant) then you should get it back irrespective of the sublet.

LondonlawyerJ :

The landlord has a duty to place your deposit in a deposit guarantee scheme. This is your money held for you by the scheme. There will be a dispute resolution prodecure operated by the scheme to deal with disputes about the return of the deposit.

LondonlawyerJ :

Do you know if your deposit is in such a scheme?

Customer:

hi

Customer:

yes it is

Customer:

the agent says that because we moved out, the landlord has suffered financial loss, this is the letting fees paid. and amount to £2300

LondonlawyerJ :

That is a separate financial dispute, He can sue you for compensation for that in the small claims court. He can not use the deposit money for this.

Customer:

no other damages due to the checkout inventory report.

Customer:

i have obtained a copy of the letting company's policy with all landlords,

LondonlawyerJ :

Great, you may well still owe him some money but he can not get his hands on your deposit.

Customer:

it said clearly in the clause that the agent will refund letting fee to the landlord if the tenant left earlier

Customer:

will this be an important evidence to give to the TDS for disbution?

Customer:

i dont owe him any rent and other bills

LondonlawyerJ :

What has the letting fee got to do with your damage deposit?

Customer:

nothing, he said because we moved out earlier, the landlord has already paid the whole year's letting fee, therefore, the landlord has financial damage due to our subletting

LondonlawyerJ :

Ok I think l I have answered your original question, Am happy to help further but am not sure what you are asking.

Customer:

i just want to make sure that, he cannot keep my deposit for the letting charge paid, the deposit can only be used to cover any physical damage to the property, is this right? sorry my first language is not English, maybe confused you

Customer:

he also want to charge £90 for the lock change, because he said i did not give back all keys copied, can he do this?

LondonlawyerJ :

The deposit he can not keep without physical damage. If he has reasonably changed the locks he could look to you for the money but he cannot take it from the deposit.

Customer:

thx

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