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Husband rented a room but moved out early and not the landlord will not return the deposit...
My husband rented a room for 3 months. The landlord did not issue a contract plus took a bond for £280. My husband moved out 2 months ago but the landlord did not return the bond saying that he could not find anyone else to live there yet and until he does he will not return the money. What can we do to get our money back?
I assume that reference to a "room" and the three month rental period means that your husband was a licensee of a room rather than a tenant.
In this instance the difference is fairly academic as your claim lies in contract law.
There was a contract between your husband and the landlord, albeit a verbal one, that your husband would rent this room for three months. Unless the landlord behaved in such a way so as to breach the contract, or alternatively unless there was provision in the agreement for the early termination by your husband, then your husband has breached the contract by leaving one month early.
As a consequence the landlord would have a claim in contract for the loss that he has suffered. That would represent one month's loss rent subject to the landlord's obligation to mitigate his loss by finding an alternative licensee.
If he is unable to do so and one month's rent amounts to £280 the landlord would be entitled to withhold the deposit.
If you wish to challenge this then you should commence proceedings against the landlord in the County Court.
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