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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter is in self contained rented accommodation with

Resolved Question:

My daughter is in self contained rented accommodation with a private provider who has over 3 buildings. She moved in September 2013 and was served notice under section 21 which ended in July 2014. She renewed her tenancy and paid her deposit and rent up to the 20th October. rUnfortunately she had had to give notice and the landlord has agreed she could leave early as they have a waiting list and another tenant can move in within 48-72 hours
However I asked her for her copy of the tenancy agreement and she stated she signed 2 copies returned it to the Letteing agent as they needed to obtain the Landlords signature but didn't get it back.
How does this effect her getting her deposit back and moneys due for rent?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now just to be clear the Landlord has not signed the agreement please?

Customer: The query i raised was answered with another question not an answer ?
Alex Watts : Yes. I just need to be clear that I understand your question.
Alex Watts : That was not the answer
Customer: As sated previously stated the copy of the agreement showing bother signatures were never received. What do you suggest as the next course of action
Alex Watts : Is the Landlord wanting to charge her for a period when it's empty?
Customer: Yes he is however she is paid up to 20th October and will leave today as a new tenant wants to move in on Monday
Alex Watts : ok. So in reality it is only going to be empty for a couple of days?
Customer: Yes which is fine but it hasn't been established if she will get her deposit back and if she will get a rent refund
Alex Watts : in that case she will.
Alex Watts : the Landlord can only chagre up to the date new tenants move in.
Alex Watts : the landlord can't double chagre rent for the same period
Customer: Even if she doesn't have a copy of her tenancy agreement.?
Alex Watts : So he can't charge your daughter and the tenant for the same period. Yes even if there is no signed copy.
Alex Watts : So they can't double chagre
Customer: What part of the housing act is this dawn from in order for them to take me seriously as I am meeting with them today
Alex Watts : it's a matter of contract law.
Alex Watts : If a tenant terminates and someone else moves in the landlord can only charge for the empty period. Nothing else.
Alex Watts : The landlord has to mitigate his loss and can't profit from a breach of tenancy, it's designed to put him back in the position he would have been in should the breach not have occured
Customer: Excellent this has been a great help. Many thanks for your guidance with this matter. Kind regards
Alex Watts : Is there anything else I can help with today please?
Customer: Should there be any issues once I've met with the Letting Agent can I contact you again to discuss this?
Alex Watts : of course, just out any future questions for Alex W and I can pick them up
Customer: Ok Thanks
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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