Landlord advice needed

Deedeecupcake

I have been in my current house since July on a years lease. It's just not working out and I have found a bigger house. I contacted my letting agency to say that I was planning on moving and that I had somebody lined up to sublet the house off me. I did this so that I would not lose my deposit and could get it back in July of next year. The agency said they would contact my landlord for me as I have no contact number and have never even met him, about the subletting. They told me in the meantime to email tier office stating my 30 days notice on the house. I said I would dm that when the subletting had been confirmed. The landlord contacted me and confirmed the sublet so I emailed and gave my 30 day notice. However today I got an email from the agency saying they will not be doing the sublet and that the person I had lined up could take it on their own lease. Have I lost out on all hope of getting my deposit back? Can the agency change their mind like this? I feel like they did this on purpose to get me to give my 30 days and so they can keep the deposit

djimi

What did the landlord say about this? Chances are the agency wants a new lease because it means they can charge the landlord again.

If you have it in writing that you can vacate with 30 days notice then I think you should be okay. There is no point in guessing though; contact the agency and see what they say about the deposit. Get their responce in writing if possible (nothing verbal is going to be worth much).

Also, as you have been in contact with the landlord Id be inclined to continue dealing with the landlord. Find out if they changed their mind or know of the change in situation and take it from there (its entirely possible that they dont know what the agency has said).

Mrs OBumble

What makes you think that you have lost your deposit, or that you have to enter into a sub-letting situation.

Your tenancy is ending early, and it would be crazy to have you in the picture until July, with your deposit totally at the mercy of what the new person does to the place. Instead:

The agency does an end-of-tenancy inspection on the place as you move out, and returns your deposit (or not) based on the state of the place now.

The new tenant takes over the tenancy themselves, and pays their own deposit.

Simples.

djimi

Its worth bearing in mind that if the landlord/agency have accepted this new tenant and they are lined up to move in immediately when you move out, then even if you were breaking the lease illegally the landlord could not deduct from/keep the deposit as they can only deduct from the deposit to cover lost rent (of which there would be none in this case).

Deedeecupcake

Thanks for the replies.

I was told by the agency that if I left before the years lease was up that I was giving up my right to get my deposit back? The subletting idea only came about after being told this when I read online that I can suggest subletting and if my landlord refuses I can terminate my contract and take my deposit with me.

Sligo1

Deedee, you have found another tenant to take over the lease so the LL isn't at a loss over the rent. This entitles you to your full deposit back. Unless of course there has been damage to the property during your tenancy (which will then be deducted from your deposit). If the new tenants were not moving in straight away then yes, you would be liable to pay for the cost incurred due to loss of rent.

But from your OP if all is as you say, then you are entitled to your full deposit back. I don't think this is a subletting agreement btw. The new tenants need to sign a new lease and give a deposit. And you should get your deposit back when your tenancy ends. By subletting you would be responsible if the new tenants cause any damage to the property even if you are not there. There is no need for you to sublet here.

djimi

You dont want to sublet btw; this would make you the landlord and you would become responsible for the new tenants for the remainder of the lease. You want to reassign the lease. This means that the new tenants take over the remainder of the lease, but that you are free from the arrangement and have no furhter involvement.