Breaking lease - any chance of getting my deposit back?

Elginelf

Registered User
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I have been renting an apartment on a one year lease arrangement, with no break clause, since last autumn. I wanted to get to know the area, get myself into a financial and legal position to purchase a house and when I felt ready, I hoped to purchase a house in this neighbourhood. All of this has happened quicker than I expected and I am now 'sale agreed' on a property in the area, which I am really delighted about. It looks like the sale will go through 2 or 3 months in advance of my lease expiring.
You will appreciate that moving into a new house with lots of expenses, I could really do with getting my deposit back. I understand that I will be breaking my lease agreement and it may not be possible.
I have read on the Threshold site that if I 'get a tenant in' to complete the lease, I may be able to get the deposit back. I'm just not sure how this would work. If I was the landlord, I don't think I would be happy with this.
Just to explain, the landlord currently has an agent looking after the lease of the apartment.
I'm also wondering if I approach the agent and offer to fund the readvertisment of the apartment, and the landlord was agreeable to this, would I be able to get the balance of the deposit back? I don't know how much this would cost?
Any suggestions as to how to go about this would be gratefully appreciated or if I'm on a hiding to nothing, I'd like to know that too!!!
 
You cannot terminate a fixed term tenancy unless LL breaches his/her obligations. LL can sue you for full amount of remaining rent. Doubtful if that really happens much. But certainly LL can keep depopsit.

Good news is that ,yes, the LL cannot reasonably refuse consent to an assignment or sublet. If LL so refuses you can terminate the lease and claim deposit.

You are probably aware that what is written in law is often ignored by both tenant and LL in cases of deposits and other relatively minor issues- and getting what is legally yours ,whether you are the tenant of the LL, is rarely worth the hassle.

Remember - you must replace the tenant with someone who is as "good " as you. If you introduce someone with no references, bad credit history (or who voted for Pudsey in Britains Got Talent) then LL can reasonably refuse.
 
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