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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15493
Experience:  Senior Associate Solicitor
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I have to leave my flat earlier than the agreement

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Hi, I have to leave my flat earlier than the agreement terms...am I entitled to get back my deposit?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: uk
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

The deposit is used for property damage or rent arrears (or both). It would therefore depend on whether you breached the tenancy agreement and owe the landlord anything or not. If they agreed to you terminating early then they should refund the deposit within 10 days - the deposit should have been protected - the landlord would need to have placed the funds in one of three deposit protection schemes so you would need to open a dispute with the provider (the provider should be detailed in your tenancy agreement).
The tenancy deposit protection provider should hopefully resolve this - if not then you would need to send the landlord a letter before action, give them 14 days to refund it to you, if they do not then it would mean you have to pursue a small claim.
I have a template letter which you are welcome to use and I can also set out more detail of how to pursue a claim if you would like me to.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,

Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 18 days ago.
can the landlord refuse my notice?
We signed a contract to get in the house the 10th of July2021 and on date 9th July , the landlord sent me back deposit refusing to give me the keys. We took the house for more money as we needed a place to stay, we got in on the 3oth of July instead and we never signed the new contract.
Customer: replied 18 days ago.
can't call right know

Hi, for the deposit it depends if you are in breach of the te***** *****ke I mentioned earlier. It doesn't seem that you are from reading your further comments.

Customer: replied 18 days ago.
thanks
Customer: replied 18 days ago.
the tenancy agreement was supposed to last 2 years and we will leave earlier than that

OK, thanks. If the landlord is in agreement then that's fine - they should give you the deposit back

Customer: replied 18 days ago.
what about if he doesn't agree? What can he ask for?

If he doesn't agree and you leave early, you breached the tenancy agreement and would him rent - meaning he could keep the deposit

JimLawyer and other Law Specialists are ready to help you
Customer: replied 18 days ago.
ok thanks

No problem

Customer: replied 18 days ago.
in any case the contract we have I don't think is valid, please confirm

A tenancy agreement does not have to be in writing to be valid. By living in the property there is a contract (implied by conduct).

I would say that you can still ask for the deposit back given the landlord's conduct by making you pay more however. I have uploaded a letter for you to use if that helps.

Customer: replied 18 days ago.
please send again letter, can't open***@******.***

I am not permitted to contact you directly, sorry. I will copy and paste it here

[[Add your address]

[Add the date]

[Add your landlord’s address]

Dear [Add your landlord’s name],

Letter before action: Failure to return my deposit for [add address of property]

I am the former [delete one: tenant/licensee] of the above address. My [delete one: tenancy/licence] started on [add date] and ended on [add date].

The property was left in good order and the rent was fully paid to the end of my agreement.

I am writing concerning the deposit of [add amount] I paid to you on [add date] as a security against my obligations under the terms of my agreement.

I wrote to you on [add date] to request that you refund the full amount of my deposit to me within 10 days. I attach a copy of my letter.

To date, my deposit has not been refunded. I therefore request that, within 14 days of receiving this letter, you pay me the sum of [add amount] being the amount of the deposit paid to you.

If I do not receive payment or a substantial response from you by [add date allowing 14 days from receipt of your letter], I will issue court proceedings in the county court without further notice.

I reserve the right to include a claim for interest on the amount of the unreturned deposit.

I will also be asking for an order to cover my costs. I will be relying on court rules for pre-action conduct that say you may have to pay more in costs if you ignore this letter.

Yours sincerely

[Add your name]

Contact telephone number: [Add your phone number]

Customer: replied 18 days ago.
sounds great!! thanks very much!

My pleasure, it should work all being well, thanks