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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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HELLO. I HAVE BEEN LIVING IN A RENTED PLACE FOR 6 MONTHS, I

Customer Question

HELLO. I HAVE BEEN LIVING IN A RENTED PLACE FOR 6 MONTHS, I HAVE BEEN A VICTIM OF DOMESTIC ABUSE FROM MY HUSBAND, I HAVE LEFT THE HOUSE IMMEDIATELY AND LIVED WITH A FRIEND FOR A FEW DAYS. SINCE I WAS SCARED OF HIM TRYING TO ATTACK ME AGAIN, I HAVE DECIDED TO MOVE HOUSE. SINCE THE LANDLADY NEEDED ONE MONTH NOTICE I HAVE TOLD HER I WILL BE MOVING IN A FEW DAYS AND SHE CAN KEEP THE DEPOSIT MONEY UNTIL THE END OF THE MONTH. LAST NIGHT 26.02.2013 AS I WAS PACKING MY THINGS AND MOVING OUT SHE TOOK THE KEYS OF ME AND FORCED ME TO LEAVE THE PROPERTY, EVEN IF SHE KEPT THE DEPOSIT MONEY (ONE MONTH RENT)
SHE REMOVED MY PROPERTY OFF THE PREMISES AND LEFT IT OUTSIDE IN THE STREET. WHAT CAN I DO TO RECOVER MY MONEY?
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

how can I recover my money or take legal action against her?

Expert:  Stuart J replied 3 years ago.

Did you give her the one months notice ?

How much is the one months rent? How much deposit?

Customer: replied 3 years ago.
I did give her one month notice, the deposit is 550£ and the rent is 550£.
Expert:  Stuart J replied 3 years ago.



So you had a six-month tenancy,
and at the end of the fifth month you gave her notice?

You paid rent to the end of
the sixth month (although you left a few days early), and now, in addition to
the six month rent, she wants to keep your deposit, which is the same amount?



Can you please confirm my
understanding is correct?



Customer: replied 3 years ago.
The contract was a monthly contract with a clause for losing the deposit if the tenants decided to move out within 6 months. The contract started on the 22nd of July. After the attack on 19th of february the rent was due for the 22nd of february. On the 23rd of february I went to the property and told the lady i would move out and she can keep the deposit money to cover for the rent for the current month. We had a verbal agreement and i have my friend as a witness. She forced me to pack my husband property and leave it in the garden. While I was packing she kept harassing me and my friend by coming inside of the property and bullying me into leaving the property that day. She was inside the premises I was paying for as covered for the whole month by the deposit. My friend told her she had no right to bully me on my premises and she asked my friend to leave the property. Both myself, my friend and her brother can confirm that the lady was under the influence of alcohol as she has been drinking heavily during the day and she could hardly keep her balance or speak. My friend left and after a while I left the premises too. The following day I went back to remove the rest of my property and in the evening she asked for the keys. While being on my way to the place where I was relocating she started calling and harassing me and the cab driver both and she threatened to put the rest of my possessions on the road. By the time I got back all my possessions were outside and the doors were locked. I had to leave all my possessions in my friends garden in the rain. She refuses to return any of the money she has taken of me and my husband when signing the tenancy agreement.
Expert:  Stuart J replied 3 years ago.

I'm sorry, I appear to be missing something.





You gave a months notice and then immediately left (or
within a few days). The rent is £550 and so is the deposit. So the deposit will
cover the months notice.

In which case, what do you want back?





Customer: replied 3 years ago.
As she forced me to leave immediately while I had the right to leave there, I did not have time to arrange for collecting my possessions by van rental / removal company and for siring my possessions as for the moment I am living on my friend's couch. All my possessions are outside in the garden in the rain, therefore they are likely to suffer damage or theft, as the garden is open ( no gate). I also had to pay 80£ for the cab company. I am looking for compensation for being evacuated illegally and for suffering abuse and harassment from the landlady. Are there any legal ways for claiming that?
Expert:  Stuart J replied 3 years ago.



Thank you. The easiest way is
to issue small claims court proceedings which you can do quite easily at www.moneyclaim.gov.uk

Hopefully, she will turn up
drunk again and lose her defence!



I would itemise the deposit
less the rent down to the day, I would add a mountain for inconvenience and in
respect of any actual damage.



It is not worth claiming for
abuse and harassment. You should have called the police as soon as she started.
It is obviously too late now



Can I help further?





Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
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If in ratings you feel that you expected more or it only helped a little,
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get paid at all for my time and answer.

The thread remains open.

Thank you.





Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.
May I please ask you what would be the legal costs to be paid and in case I win would she be forced to pay for the legal court costs herself? Thank you
Expert:  Stuart J replied 3 years ago.


Thank you. Provided what you
claim is under £5000 (most likely) then this will be Small Claims Court and
neither of you recover costs and no costs are payable whether you win or lose.

The court fee depends on the
amount of the claim. The court fees are here on page 2 http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

Customer: replied 3 years ago.
Great, thank you
Expert:  Stuart J replied 3 years ago.
Glad to help

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