Pre paid rent and tenency agreements

[rigger_john]

After a stupid row with my girlfriend in which we both over reacted we sadly decided to part company.

I paid a �650 pound deposit on a flat, I also paid the rent, & service charge fee for the for the period of time between the contract starting, 22 of january and the next rent due date so about a month and a halfs rent. In total about �1400.

The tenancy agrement was signed and a date made for me to pick up the keys.

However, in the mean time my girlfriend and I had a very emotional and touching reconciliation.

I was told at the time I paid the deposit that it would hold the flat for me for 7 days but 75% of it was none refundable. I accepted this at the time so I guess I have to kiss goodbye to �487.50 of the deposit.

When I told the agent that I no longer wanted the flat he said that he would have to ask his director about the other money (�777.91) that I had paid in advance.

Have I lost this money and am I liable to pay further rent until the end of the tenancy agreement? (I signed the agreement and was due to pick up the keys later) Or have I just lost 75% of the deposit.

I can't afford to loose the advance payment and the 25% of the deposit (�940.41) so if thats the case I guess I will have to move into the flat but I really don't want to have to.

What do the experts here think?

[Twenty20]

Well.......you paid a deposit plus rent in advance and signed the tenancy agreement which does make you liable to a large extent. The only thing in your favour is that you didn't take possession of the flat (I assume) i.e. you don't have any keys to it. I could see a possible legal argument that the contract is frustrated because it wasn't fulfilled but it's a bit dodgy ground to be honest.

If you've told the agent that you no longer want the flat then they have to remarket it and I think you'd be liable for rent and any other costs (advertising, credit checks etc) before a new suitable tenant moved in.

The deposit has to be protected these days in a government approved scheme. I'm not sure the agent can simply hold on to any part of the deposit as a punitive measure, any deductions would have to be set against actual costs incurred. I think the automatic non return of a deposit would be an unfair term and legally challengeable.

It really depends on how long, and what costs are involved, in finding a new tenant.