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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1257
Experience:  Freelance Solicitor at Self Employed
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I have a question regarding return of return of rental

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I have a question regarding return of return of rental deposit, even though the contract ended early
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I have sent an email to my landlord
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat. So, please ignore any phone call request pop-up,they get generated automatically without any input from the expert, so I have no control over these requests.

Customer: replied 3 days ago.
Hi Vineet, thank you for dealing with this

Could you please specify your question?

Customer: replied 3 days ago.
I recently left my sharehouse in London, which I had co-signed an assured shorthold tenancy with two others.
Myself and one of the other housemates both moved out separately, and have been attempting to fill the rooms in our absence.
One has been filled, but not the other.
The landlord had requested I send an email confirming she could keep my deposit.
However, I attempted to request my deposit back on the grounds that the contract had no break clause or any clause about end of tenancy, and although the contract stated that the deposit would be paid to the landlord and put into a protection scheme, i was told to pay my deposit to the previous tenant, and I never received any information from the landlord about a deposit scheme.
I have emailed the landlord with these reasons asking for my deposit back, but I wonder whether I have any grounds or if I will need to surrender my deposit.
Customer: replied 3 days ago.
I also gave sufficient notice of leaving the property.

Thank you for your reply.

I will go through it and will get back to you shortly.

Thank you for your patience.

In Assured Shorthold tenancy, Landlord and their agents are required by law to provide the information where their deposit is being held to the tenants

Agents are legally obliged to provide to their tenants. the following Prescribed Information within 30 days of the agent/landlord receiving the deposit.

  • The amount of the deposit

  • The address of the property

  • The name, address and contact details of the administrator of the tenancy deposit scheme with which the deposit is held

  • The name, address, and contact details of the landlord and tenants and any third parties who have contributed to the deposit.

If they fail to do so, they could be penalized between one and three times the amount of the deposit.

Customer: replied 3 days ago.
I see. And even though I left the tenancy before the end of the agreement, am I liable for anything such as continuing to pay rent?

Could you please confirm if this is a joint tenancy agreement?

Customer: replied 3 days ago.
There were three of us that signed the lease - I assume thats a joint tenancy agreement?

if you have signed for a fixed term tenancy , then you are liable for rent even if you leave early .

Customer: replied 3 days ago.
Understood. Is there any way to surrender my deposit to my landlord in lieu of continuing to pay rent?

In a joint tenancy , all the tenants are liable jointly and severely for rent payments till the expiry of fixed term, and deposit can not returned back if some of the joint tenants are still in the property.

Customer: replied 3 days ago.
What happens if we find replacement tenants?

If replacement can take over the tenancy from you , and if mutually agreed with the Landlord, then you can surrender your tenancy in favour of new tenant.

Customer: replied 3 days ago.
If the dispute goes further with the landlord, what would be next steps on my side?

Could you confirm the expiry date of your tenancy agreement please?

Customer: replied 3 days ago.
It wasn't written in the contract (the contract was quite loose), but it was signed for a 12 month period on 19th February 2020, so the end date I assume would be 19th February 2021

Alright, and how much is the tenancy deposit?

Customer: replied 3 days ago.
163;820 individually, a total of £2460

Your tenancy deed is still effective for another 4/5 months.

You can find a replacement tenant who can take over the tenancy from you , and pay you your deposit and can claim the deposit from your Landlord at the end of tenancy agreement, provided it is mutually agreed with the landlord.

Customer: replied 3 days ago.
We have been struggling to find a replacement tenant, are there any other courses of action that can be taken in order to not pay the remaining rent? I am struggling financially at the moment

Unfortunately not, when a tenant signs a tenancy , he/she gets bound by the agreement till its expiry date.

Unless and until , something agreed with the Landlord for the early release of tenant.

Customer: replied 3 days ago.
Okay, understood
Thank you very much for your assistance, you've been very helpful.
Is there a way to receive a copy of our conversation?
Customer: replied 3 days ago.
Actually - one last question: what would be the steps I needed to take to pursue the issue with my landlord not putting our deposit into a protection scheme/providing details of this?

you with all other joint tenant should write to the landlord for providing you with the information of tenancy deposit scheme , your Landlord should have protected your deposit in.

Customer: replied 3 days ago.
I understand that the landlord needed to have provided this information with 30 days of receiving the deposit but this was never done - you mentioned that they might be liable for paying 1-3 times the deposit amount for not following this process. How would I go about pursuing this?

You need to file compensation claim against your Landlord and send following attached letter before claim to your landlord

Customer: replied 3 days ago.
Thank you
Customer: replied 3 days ago.
I think that's all. Can I please receive a copy of our conversation?

Then filling your claim using form N208 or via online web form-

https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8

Copy of this conversation gets saved on JA , your account/your answers.

You can access this answer by logging into your account.

Customer: replied 3 days ago.
Perfect. Thank you so much, Vineet. Have a lovely afternoon.

It has been my pleasure to assist you.

Many thanks and all the best.

Vineet S and other Law Specialists are ready to help you