Ask an Property Solicitor. Get an Answer ASAP.
Yes he has and the payment from the new tenant has been paid
Verbally he has accepted him and the money has been paid. Once my son had presented two appropriate prospective tenants the landlord took over and prepared the documents and took the payment.
What the landlord has said to my son is that if he accounts for the time he has spent on the telephone both with my son and with the new tenant then it would come to a lot more than the deposit (£330)
My son delayed raising the issue of contesting the lose of the deposit until payment had gone through from the new tenant. But once my son raised the issue the landlord became cross and said
he wishes he is within his right to delay the new tenant for a month whilst he pursues references etc. (The threat being that he can legally justify delaying and losing an appropriate tenant - losing because a new student would have to give up on this option if he was delayed a month so the legal responsibility would fall back on my son who has given cheques up front for the whole hear in addition to the deposit and Septembers rent being already cashed.)
My son insists on sending him the email he demands agreeing to him taking the deposit so that the threat of him backtracking on accepting the replacement tenant is removed.
Its not about the phone bills he's claiming his time is what will justify keeping the deposit. Could he have a case?
If the email is sent could he after this still make a claim?