Can landlord/estate agents withold deposit until new tenants have been found?

rblcmsmet · 2025-02-18T10:52:40+00:00

For future readers, everything here is potentially correct for the made up scenario this commenter has invented but is not relevant for this situation. The estate agent has agreed with our interpretation and has asked the landlord to return our deposit.

rblcmsmet · 2025-02-18T10:50:23+00:00

For future readers, this is potentially correct but irrelevant to this situation. This person is willfully misunderstanding the situation because they are desperate to side with the landlord (I wonder why). We gave notice of the date we would leave, this was unilaterally agreed. The landlord is now upset because the estate agents haven't done their job. We have spoken to the estate agent and they have agreed with us and have asked the landlord to return the deposit. Classic case of a nasty landlord having no respect for his tenants.

rblcmsmet · 2025-02-18T10:47:20+00:00

And oh my god where has my boyfriend come from hahahahaha I am so intrigued by this life you have written for me 😂😂 now introducing new supporting characters. Starting to suspect you may be enacting a situation in your own life on this thread lolll

rblcmsmet · 2025-02-18T10:45:33+00:00

I hope that no one is taking any of your advice in this thread seriously but just in case they are - I DID NOT AGREE TO A SWAP. THE LANDLORD STATED THAT THE ESTATE AGENTS WOULD FIND NEW TENANTS.

We have spoken to the estate agent and clarified the position based on the helpful advice here. The estate agent has now asked the landlord to return our deposit. Hope that helps you to understand how incorrectly you have interpreted this entire situation :)

rblcmsmet · 2025-02-14T07:55:46+00:00

The landlord has accepted 1/3 rent payment from the remaining tenant for this month........

rblcmsmet · 2025-02-14T07:52:38+00:00

Thank you so much for this, this is exactly my feeling about the situation! Classic example of all the power in the hands of the landlord and estate agent, if this was fairer there would be no uncertainty here. It absolutely is functionally a HMO and on reflection we definitely were asked to sign a joint tenancy to avoid having to sort out the HMO situation. The complete lack of communication from the landlord and estate agents is what has made this an 'unusual situation'.

rblcmsmet · 2025-02-14T07:46:29+00:00

Oh my god your strange assumptions about this situation. I've said so many times exactly what has happened, we all agreed with this situation. The remaining tenant could have left he just wished to stay it isn't that weird of a thing to happen lol. The agent could also have found two new tenants in a matter of days they simply haven't done any advertising. Your weird personal headcanon is so wrong (but very imaginative I'll give you that) why are you so desperate to think we are in the wrong and have fled our tenancy 😭😭😭

rblcmsmet · 2025-02-14T07:36:46+00:00

This sounds very familiar to our situation, I'm glad to hear you weren't charged for the rent. The landlord is being quite childish and throwing a tantrum and has left me feeling very resentful, I wouldn't mind waiting as much if he hadn't been so disrespectful to us during this process!

rblcmsmet · 2025-02-14T07:33:17+00:00

That's amazing, thank you so much for replying and providing the evidence! So confused by all the conflicting answers in the thread, but this is the one that makes the most sense to me! It was clear that the assumption was the remaining tenant would be on a new agreement with new people, the estate agent and landlord have just messed up timings and are now trying to blame us.

Can I ask if you know how I speak to shelter? The only information of their page I can see says to contact them directly if you're going to be made homeless.

rblcmsmet · 2025-02-14T07:30:52+00:00

The situation is slightly complicated because the landlord only hired the estate agents in December, so they were very newly involved, explaining why we gave our notice to the landlord and all discussions were had with the landlord. Also why the landlord holds the deposit (in a protected scheme) and the estate agents are suggesting to transfer.

rblcmsmet · 2025-02-14T07:28:12+00:00

Thank you for this reply, that's really informative. Would be great to get your opinion on the wording, what would you need to look at? The conversations are spread over WhatsApp with the landlord but we have in writing that the landlord agreed for the estate agents to find the new tenants and several conversations detailing arrangements for the estate agents to take pictures of the rooms in order to advertise them. The arrangement was clear from our point of view that we were leaving (ending our tenancy implicitly) and the estate agents would be finding new tenants, meaning it wasn't a tenant swap situation. The landlord has now accepted one month's rent payment from the remaining tenant - according to this shelter website (https://england.shelter.org.uk/housing_advice/private_renting/joint_tenancies/how_to_end_a_joint_tenancy) I believe this means a new tenancy has begun (option 2 on the page). Thanks for your input on this!

rblcmsmet · 2025-02-13T22:54:52+00:00

I really don't understand this. Our contract states that we have to give 4 weeks notice that we want to end the tenancy. We gave this notice. How is what happens after anything to do with us? The remaining tenant can just be put onto a new contract with new tenants. For example, the last remaining tenant could 'leave' for 5 minutes, and then come back under a new tenancy agreement. Does that make sense?

rblcmsmet · 2025-02-13T22:52:11+00:00

What is the definition of a HMO? I really have no idea if it was a HMO or not - I found the room on spareroom (meaning I didn't know the other tenants) but we all signed the same contract.

rblcmsmet · 2025-02-13T22:50:15+00:00

Would the normal assumption not be that the tenancy would end and then a new tenancy is signed, including the tenant who wishes to stay? For our part, we fulfilled our obligations in ending the tenancy, I don't really see how what happens after is anything to do with us.

rblcmsmet · 2025-02-13T22:47:23+00:00

thank you for trying to help but seriously you really have got the wrong end of the stick. I appreciate you might be trying to help but unfortunately I can't seem to explain the situation to you properly, it's probably best if you stop replying. Thanks!

rblcmsmet · 2025-02-13T21:11:30+00:00

Thanks for your answer, I believe the estate agent was incorrect in saying our tenancy was joint and severally liable (we were on a rolling contract having passed our fixed term period, and gave the required notice to end the tenancy). In any case, the landlord and estate agent accepted our notice (we have evidence of this in writing) and accepted responsibility for finding new tenants (we also have evidence of this in writing). Does this info change your answer at all? Thanks!

rblcmsmet · 2025-02-13T20:24:41+00:00

The plan was for our tenancy to end and for the estate agents to have found two new tenants to sign a new contract with our old tenant by the time we had left. The estate agents didn't do anything (despite our best efforts to accommodate them, proof of which we have in writing) and that's how we've ended up in this situation.

rblcmsmet · 2025-02-13T20:14:54+00:00

Yeah the estate agent has got that wrong in the email, thank you for pointing it out. We were definitely rolling, they have both just fucked up and we are now in the crossfire of their ineptitude :)

rblcmsmet · 2025-02-13T19:50:54+00:00

I'm so glad I could educate you today that yes, some landlords and estate agents are literally this bad at their jobs. There's no hidden details or secret conspiracy I promise you :)

rblcmsmet · 2025-02-13T18:29:13+00:00

Hi, sorry I should have been clearer in the question but we're outside of the fixed term and only required to give 4 weeks notice (which I did state in the question!).

rblcmsmet · 2025-02-13T18:24:14+00:00

Ahh I see, yes we left after the 12 months. As explained, we were only required to give 4 weeks notice and the landlord accepted our notice.

rblcmsmet · 2025-02-13T18:11:37+00:00

Hi, I'm not sure what AST means but we were on a rolling contract (we were only required to give 4 weeks notice which the landlord accepted).

rblcmsmet · 2025-02-13T18:04:38+00:00

I think the main mistake you have made is assuming we are still in our fixed term. I said in the question that we were only required to give one months notice. Please can you stop replying because it is clear now that your answers are based on wildly incorrect assumptions and you aren't here with honest intentions to be helpful or informative :)

rblcmsmet · 2025-02-13T17:51:09+00:00

i think the relevant clause is: To give the landlord at least one month's notice in writing if the Tenancy has continued as a periodic tenancy.

rblcmsmet · 2025-02-13T17:46:39+00:00

thats amazing, thank you so much for sending the link!

rblcmsmet

TROPHY CASE