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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72701
Experience:  Over 5 years in practice
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My name is***** paid a deposit of £350.00 via Telephone

Customer Question

Hi, My name is***** paid a deposit of £350.00 via Telephone Banking last month (19/09/2015) to a landlord to secure a room in a 2 bedroom flat. The Tenancy agreement was to start on the 18/10/2015 (This Tenancy agreement was given to me).
However I had a change of mind & plans. I decided not to take up the room. I wrote 2 letters to the Landlord (1st by normal post & 2nd one by recorded post that requires a signature) inform me of my change of plans.
The Landlord has not refunded my £350.00. I want to proceed with legal actions to get my deposit back.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has he replaced you?
Customer: replied 3 years ago.
I don't know. I no longer want to occupy the room
Expert:  Jo C. replied 3 years ago.
Well, that is a problem I'm afraid.
If you paid the deposit then you entered into a contract with them and you cannot just change your mind lawfully I'm afraid. You are locked into a contract and the landlord is entitled to notice. If this was an AST then you are liable for the full term. If it was a periodic or a licence then you have to give notice of no less than one term of the rental agreement. The latter is more likely from what you describe. However, you still could not have given one month's notice in full.
The landlord is under a duty to mitigate his loss by seeking a replacement and if he was able to do that then he has to return your deposit as he cannot claim double compensation.
Otherwise, I'm afraid you are liable.
I'm very sorry but that is your position.
Can I clarify anything for you?
Customer: replied 3 years ago.
Thank you
Expert:  Jo C. replied 3 years ago.
No problem.
All the best.