Hi, Thank you for your question and welcome. Is the deposit in a secure bond? Kind regards AJ
Hi, Thank you. The situation is, 1) He is alleging a breach of the lease 2) you deny a breach of the lease on the basis that you have verbal consent.
so what do i do now?
have i breach the lease based on your opinion?
Hi, Thank you. Can you confirm does the lease say any where that you need the landlord's consent "in writing" to sublet?
yes it does
Hi, Thank you. The easiest way to deal with this, is to simply dispute the deduction on the basis that the landlord is in breach of the lease.
The problem is you needed to obtain the consent in writing. However you may have a defence of promissory estoppel on the basis that the landlord made a statemen to you that he consented, you relied on this and he has changed his position to your detriment.
Promissory estoppel could be used as a defence to a possession order.
If you refused to move the landlord would have to take you to court and obtain a possession order.
On that basis what do you want to do at this stage? Stay in the property or just leave and get your deposit back?
i have already moved out on the agreed date, which was 26th oct 2014. but now they claim that a deduction of £2300 will be made to cover landlord's loss of agent's fee paid. i don't agree at all. i believe the landlord get the refund pro rota when tenants leave earlier.
and yes, i want my deposit back. thx
Hi, Thank you. The easiest way to deal with this is let the TDS resolve the dispute. I think it costs about £180 to do this and they will reach a decision based on the facts. The alternative is you sue the landlord for unauthorised in the county court.