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can a landlord get money out of the tenancy deposit scheme?

2 replies

mamateur · 19/09/2010 11:15

We're trying to get out of our 12 month lease which by the time we move out will have 5 months to run. The landlord has agreed to us reletting, with us paying the reletting fee.

The LL doesn't want to move back in, so the best plan is to let for 12 months rather than the six we need to get out of our commitment.

LL says he will pay the part of the reletting fee that corresponds to the 7 months after our contract would have ended but he doesn't have the money to do so.

I wondered if he could get our deposit out and pay it back in May when we would have moved out normally, as presumably he will have budgeted for reletting it then.

Does anyone know if this is possible?

OP posts:
tefal · 19/09/2010 14:03

I am a bit confused. Can you clarify:

You signed a 12 month lease and want out.

Will move out 7 months into your lease leaving 5 outstanding.

You will pay re-letting fees?

What is the landlord paying that he doesn't have money for?

A letting fee would be the same (or should be) no matter if it is a 12 month or a 6 month lease. 12 month leases are not normal. usually they are 6 months.

mamateur · 19/09/2010 16:03

Hi Tefal, yes, we signed a 12 month lease (with no break) and want out. 12 month leases are very normal here in London, although there is sometimes a six month break clause included.

A letting fee is charged as a monthly percentage on the rent and paid upfront. At least that's what I do on the flat I rent out (through the same agency actually).

I just wondered if anyone knows if money can be released from the deposit scheme.

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