Rent & Deposit return

Hi, I rented a flat which started on the 1st of July I paid the holding deposit, one months rent and one month’s deposit. My current situation is that I am leaving my home because of domestic abuse so I just need to add that. The monies I paid ive saved for a long time in order for me to get out of this situation. So on the 4th just 4 days after getting the keys I went to the flat to clean and around 8pm the people upstairs were in the back garden something happened and he started hitting his wife it all got crazy and I was ready to get in my car and get out of there but she was banging the French doors for me to help her so I let her in, called the police but while waiting her husband was literally banging the door down to get to her. All in all a really bad situation for me to be in, so the following day I called the landlord told him what happened and said I cant do this it wouldnt be a good situation for me with what im already going through he agrees and I end the tenancy via open rent on the evening of the 5th. Landlord tells me I cant have the months rent back because hes out of pocket so I just agree and wait for my deposit to come back but now hes refusing to give me that too he says as part of the tenancy I needed to give him one month notice so hes withholding my deposit too to cover his losses, in total its nearly £2000 pounds. I understand the law and I signed a contract ect but surely this isnt right, does anyone know if theres anything I can do please I just feel so robbed right now :cry:

Do you have anything in writing from him agreeing to end the tenancy early?

Did he respond to the Openrent prompt that you are trying to end the tenancy?

Has he accepted the keys from you and do you have a witness?

Would he acknowledge that your tenancy has ended in front of a witness?

If none of these, then you may struggle to get the rent back. If he has the keys now, ask for them back in front of a witness. If he refuses, he is acknowledging that the tenancy is at an end, (or illegally evicting you) and you can use the witness statement to claim some of the rent back.

Assuming he’s registered yhe deposit with one of the deposit schemes, you should also contact that scheme and tell them that you dispute any deductions. They should then ask you for more information.

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Thanks for your message, yes he text me on the 6th to say drop the keys in the flat and pull the door to because he was going on holiday and hadn’t got time to meet me there. I have lots of messages from him including texts that say hes going to release any deposits I paid, its only today hes gone back on what he was saying

He can’t keep the deposit without some justification as to why. Your tenacy agreement should set out the basis for deductions from the deposit. It’s highly likely that none of the reasons in the tenancy agreement will cover this scenario. Therefore, the deposit scheme should ensure that he cannot make deductions. However, do contact them and explain the situation so they are informed.

@Aimee13

Get advice from shelter or citizens advice.

You and the LL agreed mutually to end the tenancy early and strictly he cant charge you rent beyond the date you moved out.

LL cant claim rent arrears from the deposit because there arent any if you paid up to the date you moved out. Contact the deposit scheme with the evidence that you and LL mutually agreed a date to end the tenancy. Deposit scheme will then refund in full.

Good luck

Then you have reasonable evidence that he has accepted the tenancy has ended. From that day onward he cannot charge you any rent and should refund any unused balance and your deposit. He may try to deduct his re-letting costs from the deposit, but these must be reasonable and he should really have mentioned this possibility when you asked to leave.

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