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UKSolicitorJA, Solicitor
Category: Property Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Our tenant has an assured shorthold tenancy. He has asked to

Customer Question

Our tenant has an assured shorthold tenancy. He has asked to get out of the tenancy early, as they can't afford the flat anymore.

Their tenancy ends the end of Aug. We have a new tenant who will move in Aug 1.

My question is: as we are letting them off early, can we withhold an admin fee from their security deposit (insured under the mydeposit scheme). The admin fee would cover having to pay another fee to mydeposit (earlier than expected), and a fee to our property manager who found us a new tenant.
Submitted: 3 years ago.
Category: Property Law
Expert:  UKSolicitorJA replied 3 years ago.

Yes, that is reasonable as you are releasing the tenant early from the AST agreement and are entitled to charge such reasonable costs for you to get a replacement tenant.

You may ask the tenant to agree in writing that you agree to let them move out early if they do not object to you deducting the amount and you should set out the purpose for which the money is being deducted so that there are no issues later on.

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