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ChrisB4147
ChrisB4147,
Category: Property Law
Satisfied Customers: 145
Experience:  Expert
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I am.subletting my property. Fixed term until August. The

Customer Question

Hi, so I am.subletting my property. Fixed term until August. The subtenant wants to break their tenancy early, I have pointed out their liability for paying the rent up until the end of the contract
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No
JA: Where is the property located?
Customer: Leeds England
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 I don't think so
Submitted: 13 days ago.
Category: Property Law
Customer: replied 13 days ago.
The sub tenant has than made a false & unsubstantiated claim that I entered their room without 24 hours notice & am in breach of contract. This is ridiculous in my opinion .. i am concerned because I did not know I had to put their deposit in a scheme. I have their deposit. It is safe, but does this impact my ability to enforce the contract?
Customer: replied 13 days ago.
The monthly rent is £675 & the deposit is £600
Customer: replied 13 days ago.
The contract is until 16th August
Expert:  ChrisB4147 replied 13 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

Sorry to hear about the issue with your tenant. Can I just check, is this person a lodger and you both live in the same property?

Customer: replied 13 days ago.
they are a lodger. I have been here for a few years, they were here for a couple of months. I have a signed contract I could share
Expert:  ChrisB4147 replied 13 days ago.

Thanks for the clarification Please do upload a copy of the agreement.

Expert:  ChrisB4147 replied 13 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know. If not, then I am happy to have been able to assist you.

By way of a general overview, there is no need to secure a deposit if it is a lodger agreement.  You can therefore use that deposit if the lodger moves out before giving you the correct notice period contained within the agreement. You can also sue the lodger for loss of rent, although you have a duty to mitigate your loss (ie. see if you can get another lodger in soon - you can't just sit back until August).  I would not worry about their argument of you coming into their room.  It does not sound as though it has merits.  Even if it did, the lodger could only sue for breach of agreement which brings with it damages (compensation). You could not, in my mind, put any loss figure on that.

I hope that assists and the matter gets resolved.  All the best.

Customer: replied 13 days ago.
Thank you so much !!!
Expert:  ChrisB4147 replied 13 days ago.

No problem at all.