Getting back a commercial deposit....
Discussion
Posted a few months ago about the difficulties I was having getting out of a commercial lease. Never again. FML.
Three months later my former landlord is still holding what is left of my deposit (he stung me on “dilapidations”) even though I surrendered my lease, and a new tenant is in and trading from the premises. The landlord tells me he can’t release my deposit until the new tenants lease has been registered with Land Registry. This sounds like utter BS to me, but I’ve bit my tongue thus far.
I need to know if there’s any chance he’s telling the truth, as if he isn’t, I can finally give him a piece of my mind. I felt inclined to behave whilst he was my landlord, but he isn’t anymore. C*nt.
Thank you.
Three months later my former landlord is still holding what is left of my deposit (he stung me on “dilapidations”) even though I surrendered my lease, and a new tenant is in and trading from the premises. The landlord tells me he can’t release my deposit until the new tenants lease has been registered with Land Registry. This sounds like utter BS to me, but I’ve bit my tongue thus far.
I need to know if there’s any chance he’s telling the truth, as if he isn’t, I can finally give him a piece of my mind. I felt inclined to behave whilst he was my landlord, but he isn’t anymore. C*nt.
Thank you.
How did you surrender your lease? Was it formally via a Deed of Surrender using a solicitor or just by handing back the keys?
If the former then the solicitor should have arranged to get your deposit back upon completion of the Deed of Surrender.
If not, then provided the landlord’s dilapidations claim has been settled and there are no outstanding arrears of rent, buildings insurance or service charges you should be entitled to the return of your deposit (or the balance of your deposit if an amount has been deducted in lieu of dilapidations).
The new lease being registered has absolutely no bearing on whether your deposit is returned.
If the former then the solicitor should have arranged to get your deposit back upon completion of the Deed of Surrender.
If not, then provided the landlord’s dilapidations claim has been settled and there are no outstanding arrears of rent, buildings insurance or service charges you should be entitled to the return of your deposit (or the balance of your deposit if an amount has been deducted in lieu of dilapidations).
The new lease being registered has absolutely no bearing on whether your deposit is returned.
Edited by FazerBoy on Saturday 7th November 00:47
You should have a Rent Deposit Deed which should state the timescale for returning the deposit. I looked at one this week and it was three months or such longer term so as to assess liabilities that the tenant is liable for (in this case a share of the costs of utilities).
I do not see why the registration of the new tenants lease should delay your refund.
I do not see why the registration of the new tenants lease should delay your refund.
Gassing Station | Business | Top of Page | What's New | My Stuff