Our landlord has decided to offload his flat he bought and sold at a 50 grand loss (another story altogether) from underneath us - unfortunately he didnt consult the rental agency about this who have advised us that we are fully entitled to stay there till our rental agreement ends on the 23rd february.

However, we've decided to move out early since we get on well with him, and we have also found another place to live. This is half way through a rental month which we have already paid for, and i cant personally be bothered to go through the usual process with getting our deposits held back for weeks or months on end ...

... So ive written a letter to the agents stating our intention to leave the property early on the following terms

- We have our un-used portion of the rent returned to us the day BEFORE we leave.
- We have our deposit returned (minus deductions) within 7 days of leaving the property.


Is this something i can have formally and legally agreed on by the agents and landlord? Or is this wishful thinking? ...... Im just trying to get out of this place and into the next one as smoothly as possible without the usual wait for deposits, and hoping that his desparation to get us out now, is our bargaining chip.

Any ideas guys? Thanks

Well I think you are letting him off very very lightly. He will lose thousands if he cant complete on the sale with vacant possesion (assuming the property is to be sold with vacant possesion and not as an on going rental).

I would be asking for the 1/2 months rent you have already paid, the FULL deposit back (as its hardly going to be used to rectify any damage is it? - the properties being sold!) and £500 - £750 on top of that for inconvience etc to yourselves. Tell the landlord that the alternative is that you will stay until the end of the contract in February + you will require that the correct notice is served on you to leave (assuming that you havent already been served a section 21) meaning that if they serve you notice now, the earliest you would have to leave would be the 23rd of March.

You hold all the cards, milk them for it, they would to you if the situation where reversed.

Thanks for that

A bit difficult to ask for MORE since im actually on good personal terms with the landlord, so even though theres inconvenience there, i doubt i can do that to him since he's basically offered his help in getting us to move (obviously he wants us out of the place!).

Come to think of it, i had asked for the deposit back quickly minus any deductions - but depending on what i hear back from my agent on this, i might revise that in light of the fact that yes .... its not like he's cleaning it up for the next tenant.

Would asking for the deposit and rent back on or before the exit date be something i can conceivably ask for?

I would definatley make sure you have the deposit and rent back before you vacate. Make sure its cleared funds as well (no cheques etc). I would make the return of this a condition of you leaving. No money, then no leave!

I know you are on "good terms" with the landlord, but would they recognise the good terms, if the situation was that you had to leave the premises early?

The problem is not what you ask for (as you are in a very good position) but what safeguards you have if it all goes wrong and you don't get any money. I've seen "reasonable" landlords turn nasty and refuse to honour agreements.

Your advice has been that you are entitled to stay in the property but did the advice also include what your obligations are? For example under the terms of your AST (if you have one) are you required to give one months notice before the end of the contract and does it need to be done on a particular date?

Let's consider the scenario that you pay a deposit on your new place and then your LL doesn't give you any money and all you have is a verbal agreement?

Also the scenario that the house sale doesn't go through and your LL panicks and changes his mind.

Also your LL may have placed your bond in the new deposit scheme and use that as an excuse not to pay you.

Your AST should be with the LL not the agent so make sure all written correspodence goes to both parties as a registered letter or they may deny that any discussions occured. I've had different legal opinions on when an agent makes decisions on behalf of a LL. Make sure what your leases states.

Any agreements that you make are worthless unless you are able and willing to sue the LL if s/he reneges. That why cash is needed up front. If you don't get the cash but still want to move out make sure that you have discharged your obligagtions or your LL may sue you.

Very good points thanks

I suspect there will be a few deductions to be made since one of his fitted wardrobe doors has fallen off (cheap mdf rubbish) which im guessing will be subject to the usual 'get a quote' nonsense so im guessing that scuppers any chance of a deposit being returned BEFORE we vacate...... Nothing has been signed yet so i suppose i could make an offer of 100 quid say to have that deducted before we vacate, although i just have the niggling feeling that the agent is going to be the person making things difficult in this case since they are the ones who arrange the usual checkout/cleaning.

Ive suddenly been reminded of the only downside to renting!!! Flipping deposits (and moving!).