Just a question for everyone who has viewed this post. So my landlord will request a claim against my deposit on DPS as they are classing me as abandoning my property.
they have taken my email on the 6th Feb as notice and said my rent is liable until 6th April if they haven’t found a tenant. Not sure how they’re gonna enforce that
If you dont agree with their deposit deductions, it will go to DBS arbitration.You can defend that, sending to the DBS copies of your legal advice. Hopefully, they will know more about the law that your Landlord / Agent.
If these communications are still coming via an agent, I would also take the opportunity now to request the details of the agent redress scheme. They will then know you are serious & may complain, which you will have the right to do.
@Peng2 they havent said they are going to enforce but that they will claim as much as they can from your deposit.
If they wanted to enforce they could pursue you through the courts, just like any other debt. Unless you are moving abroad most people can be found. You then face the risk of both the unpaid rent and legal costs if a court disagrees with the advice youve received. Before they do that they are likely to seek legal advice and may well then decide not to bother esp if they can get a new tenant in quickly
However they have implied that if they can get a tenant in before 6 april then they wont pursue or not the full amount (even tho they still actually could) which is conciliatory to a degree. So best course is to help them get a new tenant asap. Provide access for viewings dont badmouth the LL to prospective tenants etc
Best
Well. For anyone that wanted to know the outcome from DPS dispute, they favoured the landlord and they were able keep my deposit. Cant take it to court either.
looks like I had too much faith and optimism in the law. Maybe I just interpreted incorrectly. They basically said that since the clause says 2 month notice, it’s enough for them to keep the deposit. Don’t think they cared too much about all the other stuff
@Peng2 thanks for the update. Think the difference from the textbook example of walking away on the final date without giving notice is that LL /agent had your email of 6 Feb so could claim you did give notice (and were aware you need to generally) and did not cover the 2 months rent needed from that point.
If you had wanted to walk away on final day without giving notice you probably shouldn’t give an appearance of giving (not enough) notice earlier
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Yeah… maybe so. Well, you live and learn and I made a mistake here. I thought I had a strong case lol but didn’t seem to be that strong in the end.
Hurts to lose that amount of money but I’m ready to just move on from this situation because it’s been stressful 