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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have had to break agreement with landlord to stay year

Resolved Question:

I have had to break agreement with landlord to stay year in my room (been there 5months) as it is proving too expensive , have found somewhere cheaper. I only agreed on email, no signed contract share in the house in Clapham.
I have paid , and interviewing to fill the room, to avoid a break in rent...I am frightened she wont return my deposit if I cant find anyone in time. I need this new place on Feb 8th. I am being very honest and reasonable but viewers, like me, think it is just too expensive. The rent charged is not in my power to change.
What are my rights please...surely it comes down to the landlord to find someone to replace me, if I have tried my best, ***** ***** should get my deposit back...please help
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

please let me know how much you paid deposit and indeed do you have it in writing saying you can break, ie by email?

Customer:

the deposit was £1000....there is no signed contract, only an email confirming i would stay a year

Alex Watts :

You need to write and set out your losses and request a refund of the £1000 within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

Can I clarify anything about this today please?

Customer:

thanks...writing it all down!! an she force me to find a replacement person room...as you can see I am doing my best and paying advertising etc

Customer:

thank you. can she force me to fine the replacement person room, I have paid ads, been interviewing, but so far no luck

Alex Watts :

Once you rate the format changes so you can save the chat.

Alex Watts :

She cant force you to get a replacement as it was agreed that you could leave early.

Alex Watts :

Does that help?

Customer:

cannot see your reply

Customer:

sorry, see original question I agrred email to stay the year bu having to leave after 5 months as too expensive and I have had to find somewhere cheaper

Alex Watts :

Once you rate the answer the format changes.

Alex Watts :

She can't force you to get a replacement tenant

Alex Watts :

Does that help?

Customer:

ok... thank you , very helpful..excellent

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