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  • Deposit Protection

    Releasing deposit early ?

    I am trying to return to my property due to a separation , its currently rented with long term tenants . They have agreed to move out and have found a property they like so I have not served notice on them as yet as I want to keep things amicable.

    I have agreed they can have this months rent for free to assist in the moving process .

    However the tenant has asked if I can release the deposit early so they can put it down on the next property.

    I have said I don't think I will be able to do it which did not go down well, but I am really desperate for them to move out so I can go back home.

    Any suggestions  ? I need a way round this but need to protect myself also HELP   Thanks Alison  ( just of note my rent is £925 and the new one is £1500 !

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    Well its up to you really. If you release the deposit then you cannot be sure that they won't damage the place etc.

    I suggest you get a properly drawn up deed of surrender which confirms this. If they leave damage you can of course take them to court for the cost of this but you will be taking a risk.

    But you are in need of the property so I guess you have no choice.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Check the place over beforehand if it’s in good order the say you will give the deposit to the new landlord or agent.This way you can be sure that they will leave. Otherwise they may miss a months rent, keep the deposit, wait to be evicted and be quids in, whilst you are quids out.

    I know I’m not very trusting but it comes with experience.

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    You have already given a months rent .

    I would feel very uneasy about giving deposit .

    Why not tell them that the deposit scheme does not allow deposit to be

    paid back until tenants vacate.

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