Property rent deposit query

LS400 said:
I run a business, If I dont honor a written contract, or a contract is not honored to me, there are consequences, and I, or they will held accountable pretty quickly.

I also let properties, and it it a business, but Im not afforded the same protections when "things" go wrong, and they do. I accept that because I have to, not because I want to.

But Im experienced enough to know how to handle situations as they arise, other are not. I dont sweat the small stuff. They right thing to do here is return the deposit and stop acting as a one man crusade on principle, and feeling hard done by.
Its a minor issue being turned into a drama. Nothing to do with Karma,
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I’m not on a ‘one man crusade‘ or feeling hard done by in any way. Legislation seemed unclear to me and I just wanted some opinions on what’s fair. That’s all I’m here for - not interested in drama!
 
They have broken their end of the contract, leaving you to find new tenants and pay either agency or advertising costs earlier than expected, not to mention that even without the pandemic it's easier to find tenants in July than in November. You have every right to feel aggrieved - you wouldn't get away with terminating their lease just because it was no longer convenient for you to rent to them. You can deduct advertising/re-letting costs and if you can't find a suitable tenant to replace them before they leave you are also entitled to sue for lost rent. I'm sure you won't actually do that but I would write to them stating those facts and quoting the relevant RTB legislation. If you find a new tenant and if they leave the place in good condition I would return most of the deposit, only deducting your advertising costs. I'm a landlord and found myself in a similar situation a few years ago - the tenant decided to leave in December when the lease wasn't up until June. Because of the location it was quite difficult to find a replacement at that time of year and trying to hold viewings over the Christmas period was a nightmare. In the end I found someone and returned most of the deposit but stated the facts clearly in writing as a matter of principle. The tenant was shocked, she had no idea she couldn't just walk out on a whim.
 
True
Silvius said:
They have broken their end of the contract, leaving you to find new tenants and pay either agency or advertising costs earlier than expected, not to mention that even without the pandemic it's easier to find tenants in July than in November. You have every right to feel aggrieved - you wouldn't get away with terminating their lease just because it was no longer convenient for you to rent to them. You can deduct advertising/re-letting costs and if you can't find a suitable tenant to replace them before they leave you are also entitled to sue for lost rent. I'm sure you won't actually do that but I would write to them stating those facts and quoting the relevant RTB legislation. If you find a new tenant and if they leave the place in good condition I would return most of the deposit, only deducting your advertising costs. I'm a landlord and found myself in a similar situation a few years ago - the tenant decided to leave in December when the lease wasn't up until June. Because of the location it was quite difficult to find a replacement at that time of year and trying to hold viewings over the Christmas period was a nightmare. In the end I found someone and returned most of the deposit but stated the facts clearly in writing as a matter of principle. The tenant was shocked, she had no idea she couldn't just walk out on a whim.
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True - it’s a hard time to search for tenants too, so I’ll have to see how that goes. Thanks for the info!
 
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