Am i due rent back?

[Woodi79]

Hi, just a small query.

My family and I are set to move into our new rental property on 31st January. However we paid a full months rent to our current landlord upto and including the 6th February. We are now in our 7th month of renting our current property after an initial 6 months term. Are we entitled to the differnce bcak if we leave?

Any help greatly appreciated, Cheers

[mariner51]

Assuming Tenancy commenced 6 July, rent payable monthly in advance, then tenancy period is 6th to 5th of month and full rent for period is due on the 6th so no refund due in law.

If/how/when did you serve NTQ on LL or did LL serve you Notice?

[Woodi79]

We just informed him verbally. Nothing really set in stone with the tenancy, until we had issues with damp, collapsed kitchen cupboards. I guees you learn as you go on, found out about deposit scheme which he hasn't placed money in, he's not declaring income on rent, he told us it was not his problem with regards damp, despite having a 2year old. So we are happily moving but we asked for the differnece back because we were moving early but he said not my problem. Just an arrogant ****** who has never let before, we are taking him to court regards the bond.

[Woodi79]

Is it possible to get my deposit back before my tenancy ends? Landlord hasn't protected it and I leave in a couple of weeks!

[mariner51]

Are you taking LL to SCC for just return of deposit or non-protection?

Have you a Court date yet?

When you gave LL verbal Notice (not legally valid NTQ, IMO), what was his reply?

So far, you appear to have only offered to surrender tenancy on a specific day, which LL can either reject, or accept on his terms. Until T is lawfully ended by written mutual consent (pref signed as a Deed on last day), expiry of valid NTQ or Court Order, you remain liable for rent & property. I can't see LL voluntarily releasing deposit during T. If you leave on 31 Jan, LL should seek Court Repo Order and could ask Court to apply hearing costs to T (you).

Both Ts & LLs have procedural responsibilities in Law.