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I recently finished a 12 year contract on December 2011 and…

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I recently finished a 12...
I recently finished a 12 year contract on December 2011 and I received a NEW contract for another year(12 months starting 1st of January 2012) but I did not sign it and I postponed it for two months(I paid full amount for both months), now I informed my landlord that I will leave the premises by the end of the month and I was notified by him that they will keep the deposit on the ground that we had a 'silent' contract because I was staying two months after my last contract expired. is there anything I can do to take my deposit back?
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
2/17/2012
Lawyer: jomo1972, barrister replied 6 years ago
jomo1972
jomo1972, barrister
Category: Landlord-Tenant
Satisfied Customers: 71,534
Experience: Bar Exams, 3 years in practice.
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Hi

A contract for what?
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Customer reply replied 6 years ago
12 months tenancy agreement
Lawyer: jomo1972, barrister replied 6 years ago
How much notice did you give him?
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Customer reply replied 6 years ago
15 days
Lawyer: jomo1972, barrister replied 6 years ago
Thats bad news I'm afraid. Whichever contract you were on, that is not sufficient notice.

A court would consider whether your AST had rolled over even though it was unsigned or whether you were on a fixed periodic agreement. Either way, you have to give notice.

If this is an AST then you cannot leave early but he can only claim the sum of his loss which would not be the remaining months due under the contract.

If you were on a fixed periodic then you should have given notice on or before the rental date of a minimum of one month to run from that date.

Probably though he would not be allowed to keep two months. Generally speaking a landlord will usually be allowed to retain one month.

If your deposit is in a scheme then you can complain to the scheme. If not then you can sue at the small claims court even if you leave the property.

Sorry thats probably not the answer you wanted but it is the position that you face and I have a duty to advise you truthfully.

Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.
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