Query on AST dep - leaving early with LL agreement

[faxfan2002]

Hi,

My wife signed a 6 month contract to rent a house. 4 months into the contract the landlord put the house on the market. My wife queried whether it would be ok to move out before the 6 months were up and landlord said yes fine no problems.

So we found another house, wrote to the landlord a month before moving out letting her know. My wife called since we didn't hear anything and she has been away looking after her ill mother. She then stated that she would keep the deposit as the last months rent as it was a 6 month contract. My wife challenged this and said you agreed to us moving out, she agreed this was the case but said it was a 6 month contract and so she would hang to the deposit.

I think the LL has more or less agreed to give our deposit back, however just in case where do we stand - this was all verbal and the LL is not disputing any of it, although I suspect that will change if things get out of hand.

Thanks in advance for views.

[bazza]

As far as I know if you have a 6 month contract you have to honour it.Unless the landlord agrees in writing otherwise.If the house was put on the market then I think the LL was slightly harsh in keeping the deposit as it would be in there interest if you were not there.

It would be advisadble though to get anything agreed in writing if you think the LL may go back on there word though.The LL should have clarified about the rent when they agreed to you moving early though if they didnt that is a bit remiss on there part anyway.

Can anyone else help with this?

[faxfan2002]

Anyone else?

Would you say that there is a written contract, a verbal contract was also agreed afterwards?

The LL is not disputing that she agreed that we could move out early, far from she agrees. Although neither my wife or the LL discussed the return of the deposit. Interesting one..

[Ericthelobster]

Anyone else?Blimey keep your hair on - you only posted your query 50 minutes ago! Do you imagine there are hundreds of LLs sitting here logged into this forum in the middle of a working day, waiting for your questions?!!

Anyway - basically, no, he can't keep your deposit; however because you've broken your contract he is allowed to charge you rent (as far as the end of the contract) and readvertising costs etc until he gets a new tenant in - and he must actively look for one. The amount charged is likely to be less than your deposit - but could be more than that.

[faxfan2002]

Blimey keep your hair on - you only posted your query 50 minutes ago! Do you imagine there are hundreds of LLs sitting here logged into this forum in the middle of a working day, waiting for your questions?!!

Anyway - basically, no, he can't keep your deposit; however because you've broken your contract he is allowed to charge you rent (as far as the end of the contract) and readvertising costs etc until he gets a new tenant in - and he must actively look for one. The amount charged is likely to be less than your deposit - but could be more than that.

Erm, firsted posted on 28th :confused:

[Bel]

You need to clear that there is a difference between you surrendering the tenancy early and the landlord accepting, but still charging rent as entitled, and surrendering the tenancy without penalty.