9:55 AM, 10th June 2020, About 11 months ago 3
Hello, I had a property ready for rent and the contract had been signed with party moving in. However, after almost 2 weeks the other party pulled out and said they were no longer able to move in due to change in job circumstances.
I now have lost the two weeks rent plus I am not able to rent the property out as I was hoping to.
I have shorthold tenancy agreement signed. (where there is a mention of deposit as per the clauses below from the contract)
Should I be returning the deposit back?
I feel its not right and I should not, because the other party was committed which I did not rent out or did any viewings for two weeks.
Please advise how should I go about this?
I’m probably likely to take this further if I understand what my rights are.
10. Upon signing this agreement the Tenant shall pay the Landlord a deposit in the amount stated above to be held until the termination of the tenancy. The deposit shall be held in accordance with a
government-approved Tenancy Deposit Scheme. Subject to the rules of that Scheme, if the Tenant has not complied with the terms and obligations of this agreement then, without prejudice to any
other claims or right the Landlord may have in law, the Landlord shall be entitled to retain such part of that deposit as represents the reasonable cost of compensating him for such breach or non-compliance.
11. The Landlord shall not be entitled to claim in respect of any damage to the property or its contents which is due to “fair wear and tear”, meaning the normal deterioration over time of the property and its contents whilst the tenant(s) is living in the property and using it in a reasonable and lawful manner in accordance with the terms of this agreement.
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