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How can I get money back from my ex-landlord

(4 Posts)
Cambam2010 Wed 17-Apr-13 14:08:51

Here's the basics:

I rented a house from a private landlord at the end of Sept 2012 for an initial period of 6 months. By the end of January 2013 I couldn't stand it any longer. The house was so cold. A heating engineer said that the radiator in the open plan downstairs was not sufficient for the room size and the extension kitchen which only had a floor blowing heater would be at a temperature of 4C in the morning. I had waited over 2 months for the landlord to fix the thermostat so that the boiler would respond to it rather then having to have the heatiing permanently on. (it never got fixed).

I have a toddler and decided that I needed to put his needs first so I looked around for something else. I told my landlord and his agent that I was looking to leave and that I would obviously continue to pay rent until the end of my contract but if they found a new tenant then I would be willing to give up the tenancy for them to move in. The agent said that this was ok and that I would get a partial refund of any rent paid if new tenants were found. He started viewings whilst I was still resident. I moved out on 25th Jan, paid rent for February. New tenant moved in mid Feb. (as that fitted with their schedule - I allowed this on the assumption I would get a refund).

I have been asking for a refund from Feb but I am either being ignored for weeks at a time or fobbed off.

I have contacted both the landlord and his agent.

Where do you think I stand in this situation? I appreciate that I was under contract for 6 months, but I was willing to see that through. I feel that as new tenants were moved in then the Landlord has accepted my termination of contract.

Cambam2010 Wed 17-Apr-13 16:43:47

I'd be interested to hear the views of tenants and landlords, or anyone else!!

TheChaoGoesMu Wed 17-Apr-13 16:47:34

I would look at taking him to the small claims court to recover your money and ask for the court costs as well. Do you have any evidence of what has happened?
Write to your ex ll to tell him you will be taking him to court unless he pays up within 7 days. Then file a claim online.

SuedeEffectPochette Fri 19-Apr-13 22:38:32

How much are you claiming? Did you pay a deposit? Did the landlord protect the deposit and give you the prescribed information? Most landlords are messing this up at the moment and not correctly providing the prescribed information. This gives tenants the right to sue for 1-3 times the deposit as a penalty. I am having fun suing landlords for this at the moment!
If your landlord moved new tenants into your property that is a surrender of your tenancy. Whether you should get a refund depends if there is a clause in the lease allowing for refund if you surrender or alternatively if the landlord agreed that with you. If not, then the rent strictly fell due on 1 February and although you surrendered part way through February there is not a legal right of refund. Most judges would have sympathy with your situation though, so it might be worth a go. Alternatively scrap the rent claim and go for deposit claim (1-3 times deposit). I bet the landlord didn't give you the prescribed info - google it!

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