Deposit being returned on a fixed term lease

iceman777

If a person has a fixed term lease for 1 year, but wants to move out before the lease is up e.g. 4 months left, will that person have their deposit returned to them if they:

1. have paid all rent on time
2. given written 28/35 days notice to the landlord that they are to move out/break their lease, but do not want to sublet the lease
3. have not done any damage to the property
4. leave the property in the same condition as when they first moved in

The reason I ask is because I am somewhat confused by what is outlined in the subheading "What happens if there is a fixed term lease in place?" Notice of Termination on Threshold, because after informing the landlord in writing that the current tenant does not want to sublet the house, can the landlord keep the deposit?

RentDayBlues

You are not entitled to your deposit and are also liable for the remaining rent payable on the lease, in this case the 4 months.

In the case of a fixed term lease you are only entitled to your deposit back in the following cases:

1. You have completed the full term of the lease and there is no damage or outstanding bills
2. The LL has broken the lease by not complying with his obligations and you have given him 28 days notice in writing
3. You have asked to sublet the lease for the remaining amount of the term but the LL has refused, you can then give 28 days notice in writing
4. You have asked to sublet the lease for the remaining amount of the term and you have found another tenant to take the lease and they have paid a deposit, and you have given 28 days notice in writing

The_Conductor

I would also add- that if you sublet- you are still legally answerable to the landlord for the original amount of rent specified in your lease with him/her. If the going rate has fallen in the interim- you will have to make good the difference.

In short- you are entitled to your deposit back- but you are liable for the remainder of the rent until the lease expires.

Giving 'x' amount of notice to end a tenancy and your obligations- only applies to Part 4 tenancies as specified by the 2004 Residential Tenancies Act. Once you sign a fixed term lease- you are legally obliged to honour the terms of the lease- in this case, paying the rent for the term specified, another 4 months......

whizzbang

unless of course you are giving 4 months notice...