Dropping out of house because of a year abroad - can I get my deposit back

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Silly Sausage
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I am dropping out of a house that I signed for before confirmation that I would be going on my year abroad. There is a replacement tenant who is willing to sign the contract and take over from my obligations etc. However, the estate agents/landlord are unwilling for me to claim back my deposit or even simply transfer this deposit over to the new tenant - they are saying I am not able to have my deposit back and they wish to charge the replacement tenant a deposit too. I'm stuck because I don't know what my rights are as a tenant and whether I am able to claim this deposit back. I thought I could just transfer everything to the new tenant and he would be able to sort of 'buy' the deposit off of me.
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AzureCeleste
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(Original post by Silly Sausage)
I am dropping out of a house that I signed for before confirmation that I would be going on my year abroad. There is a replacement tenant who is willing to sign the contract and take over from my obligations etc. However, the estate agents/landlord are unwilling for me to claim back my deposit or even simply transfer this deposit over to the new tenant - they are saying I am not able to have my deposit back and they wish to charge the replacement tenant a deposit too. I'm stuck because I don't know what my rights are as a tenant and whether I am able to claim this deposit back. I thought I could just transfer everything to the new tenant and he would be able to sort of 'buy' the deposit off of me.
Have you signed a contract already for next year?
Are you in Scotland or England?
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Silly Sausage
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(Original post by AzureCeleste)
Have you signed a contract already for next year?
Are you in Scotland or England?
Yeah the contract has already been signed and I am in England.

Paid the deposit and signed everything before I found out I had been accepted for my year abroad and now I can’t claim it back.
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DiddyDec
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I refer you to the TDS on this matter.
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AzureCeleste
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(Original post by Silly Sausage)
Yeah the contract has already been signed and I am in England.

Paid the deposit and signed everything before I found out I had been accepted for my year abroad and now I can’t claim it back.
What type of contract are you on?
I'd recommend going to a citizens advice bureau
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Silly Sausage
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(Original post by AzureCeleste)
What type of contract are you on?
I'd recommend going to a citizens advice bureau
Just a joint tenancy contract I believe.

The landlord been on the phone to the replacement tenant who has queried it and basically threatened them saying if they interfere in the issue they won’t be able to sign the contract and get the place.
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AzureCeleste
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(Original post by Silly Sausage)
Just a joint tenancy contract I believe.

The landlord been on the phone to the replacement tenant who has queried it and basically threatened them saying if they interfere in the issue they won’t be able to sign the contract and get the place.
No, I mean like a fixed period contract or rolling contract
How long have you signed for?
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Silly Sausage
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(Original post by AzureCeleste)
No, I mean like a fixed period contract or rolling contract
How long have you signed for?
It’s a fixed period and it’s for a period of a year
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AzureCeleste
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(Original post by Silly Sausage)
It’s a fixed period and it’s for a period of a year
Have you read the contract?
There will be clauses regarding leaving early and deposits etc.
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Muttley79
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(Original post by Silly Sausage)
It’s a fixed period and it’s for a period of a year
Read the contract but there will be some cost because a new contract has to be drawn up.
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Silly Sausage
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(Original post by Muttley79)
Read the contract but there will be some cost because a new contract has to be drawn up.
Nah there’s nothing in the contract that says there is a loss of deposit if you drop out early.

And there’s not gonna be a new contract drafted either according to the landlord.
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Muttley79
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(Original post by Silly Sausage)
Nah there’s nothing in the contract that says there is a loss of deposit if you drop out early.

And there’s not gonna be a new contract drafted either according to the landlord.
The name needs changing that usually incurs a charge.
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squeakysquirrel
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(Original post by Silly Sausage)
Nah there’s nothing in the contract that says there is a loss of deposit if you drop out early.

And there’s not gonna be a new contract drafted either according to the landlord.
There has to be a new contract. It is illegal otherwise. But it is just a question of altering names on a standard form and printing it off. If you have a replacement tenant it should be straight forward. You need to speak to your local authority. They will be able to help
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