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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3755
Experience:  Two years conveyancing experience.
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hi, i want to ask a question about deposit refund. i signed

Customer Question

hi, i want to ask a question about deposit refund. i signed a AST for 1 year, it's a big house, i then took some lodgers in, however, i did asked for landlord's permission before i did that. i went to his house and got a verbal consent from him, which caused me this trouble!
now that he asked me to move out after i stayed there for 2 month saying i cannot sublet the property because it breaks the term of the AST.
he emailed me that he will deduct £2300 from my deposit paid (in total £3000) to cover his loss for the agent's fee paid.
i think this is totally wrong because he did agreed that i can share the property with others. also, i have an email from the agent that the landlord and i have reached an agreement to end this contract earlier.
i was just being reasonable, i know i dont have to move out at all. i just didn't want to cause problem for him.
pls help. thx
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Alex J. :

Hi, Thank you for your question and welcome. Is the deposit in a secure bond? Kind regards AJ

JACUSTOMER-vlwce19j- :

yes\

JACUSTOMER-vlwce19j- :

tds

Alex J. :

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.

JACUSTOMER-vlwce19j- :

so what do i do now?

JACUSTOMER-vlwce19j- :

have i breach the lease based on your opinion?

Alex J. :

Hi, Thank you. Can you confirm does the lease say any where that you need the landlord's consent "in writing" to sublet?

JACUSTOMER-vlwce19j- :

yes it does

Alex J. :

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.

Alex J. :

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.

Alex J. :

Promissory estoppel could be used as a defence to a possession order.

Alex J. :

If you refused to move the landlord would have to take you to court and obtain a possession order.

Alex J. :

On that basis what do you want to do at this stage? Stay in the property or just leave and get your deposit back?

JACUSTOMER-vlwce19j- :

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.

JACUSTOMER-vlwce19j- :

and yes, i want my deposit back. thx

Alex J. :

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.

Alex J. :
https://www.moneyclaim.gov.uk/web/mcol/welcome