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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience:  BA (Hons), PgDip, Practising Solicitor
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hi all- i have been renting from a private landlord, since

Resolved Question:

hi all-

i have been renting from a private landlord, since oct 10. i want to move out, and have given 8 weeks notice. (the landlord is not through an estate agent). the landlord said he is going to refuse to give me a credit check for my new landlord. and he will not give me my deposit back. he has not used the deposit scheme.
1. although i have paid every month on time, and never had a problem with paying the rent, does he have the right to say to me he refuses to fill in credit check?
2. i have a paying in book with his signature, is this useful for the credit check?
3. has he got a legal right to keep the deposit from me
4. should he have used a deposit shceme?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. What is the fixed term of the tenant agreement
2. Is there a break clause in the tenancy agreement
3. Does the landlord also live in the property
Kind regards.
Tom
Customer: replied 3 years ago.
1. its a fixed term contract of 6 mnths, but i signed another one, so the tenancy runs out in oct11. i want to move out end of august
2. i am not near my tenancy so i cant look. but landlord is now being more flexible that i will get some money back, if the flat is clean, but i told him yday that the hoover has never worked, so i use my neighbours, and then today, hes saying that hoovers are checked for damage to- he is being arkward... he is taking it personal- told me i didnt think about them going on holiday!
3. landlord does not live in property.

i am most concerned i will lose the chance for this new property if they refuse to give me a credit reference, as it may look like i am unrealiable. i do have another landlord i am still in touch with, that i contacted last night, to see if she would be happy to give me check? i have always been so honest and never late payments, i have a rent book with proof, this is a sting
Expert:  Thomas replied 3 years ago.
So, your current tenancy agreement is for 6 months from February to October, correct?

Tom
Customer: replied 3 years ago.
that is correct, yes
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

You are bound by the tenancy agreement until the end of the fixed term I’m afraid, so unless the agreement state that you are permitted to give 2 months notice the landlord would be able to hold you to full remaining term of the agreement or until you produce a replacement tenant or he re-lets the property.

If there were no notice provision in the tenancy and you simply left to move in to your new property then the landlord would be perfectly entitled to both retain your deposit and sue you for the rent, so I am not surprise he has taken the position he has unfortunately.

If there are no notice provisions but he is happy to release you then you need to get this in writing and make sure you both sign it, this is called a Surrender of Tenancy and a landlord would usually require you to pay a fee for this because you are getting out of contractual obligation that he could sue you for.

Insofar as a reference is concerned then unless there is a contractual provision in the tenancy which requires him to give you a reference then it is his prerogative to give you one or not, so you will need to be clever and conciliatory in your dealings with him if you wish to extract this.

He should have protected the deposit in a tenancy deposit scheme, but were you to issue a claim for the return of the deposit and a fine then he would doubtless protect it immediately and then be covered. Recent caselaw has taken the teeth out of the tenant’s remedies in this regard and given your precarious position with respect to the above you should tread carefully here.

Sorry it could not be better news.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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