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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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Hello there, My husband leased 2 properties and given a

Customer Question

Hello there,

My husband leased 2 properties and given a 3 month deposit on each property. The properties are next door to each other. Due to unforseen circumstances my husband was otherwise engaged with a court case and was ultimately sentenced to 10 years in the meantime I was paying rent on behalf of my husband . The Landlord came to know of my husbands predicament and took full advantage in that when the lease finished on one property he didnt return the deposit on property 1, claiming back rental, and damage caused from wear and tear. Also the deposit on property 2, wasnt returned same excuse again. The lease will finished at the end of feb this year and when I wanted to extend the lease on the property in hand he said he requires a 3 month deposit aswell as a new lease. I can understand the new lease but what about the previous deposit that my husband paid?

There is an amount of £5000 in dispute here.

Please help.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Can you help me with a bit more information please. At=re these residential tenancies or business lets? Is there any justification to the landlords claim of wear and tear? Am I right in thinking that the landlord is saying you can stay in the premises but only if you pay another deposit, he having taken the 1st deposit away already? Is the deposit in any sort of deposit guarantee scheme?

JACUSTOMER-k72utaf6- :

these are business tennancies. no justification because when he written a letter stating damages he already had another tennant move in . nothing new was done as it was fit for purpose for the new business.

JACUSTOMER-k72utaf6- :

Yes I need to pay another deposit if I want to continue with the lease.

JACUSTOMER-k72utaf6- :

I don't think he did did put monies in a deposit guarantee system

LondonlawyerJ :

I am not sure what outcome you are hoping for here. Do you want to stay in the premises and hope to protect your deposit even though your landlord appears to be thoroughly dishonest with you? Do you want to move away and then seek to recover your deposits in the courts? Is there a written lease agreement?

JACUSTOMER-k72utaf6- :

Like I said I understand the need for the new lease but not why I have to pay a deposit even though I was paying the rent for the past two years from my company account.

JACUSTOMER-k72utaf6- :

Can you advise me on how to proceed with the new lease without paying a deposit. I have put a lot of effort in making my business a success . I was advised that I could have the lease extended for a furthur five years in my name at the same rent without paying a deposit but need to go through the courts. is that right?

JACUSTOMER-k72utaf6- :

yes there is a written lease

LondonlawyerJ :

Who gave you that advice? Is there anything in the tenancy agreement about a right to extend for 5 years and is back rent owed on the property you want to keep. Whether you need to pay a new deposit will really depend on whether in february you are starting a new lease or extending an existing one. Was the lease your husband signed in his name or joint names or the business name? Sorry for all the questions but in order to give a useful answer I do need to know all this.

JACUSTOMER-k72utaf6- :

I would like to transfer the existing lease in my name. the lease was in my husband name and it was his business. But for the past two years new sign boards went up and rent was paid from my account and the landlord was aware of this.

JACUSTOMER-k72utaf6- :

security of tenure protection?

LondonlawyerJ :

I really need you to answer the question I asked last night in order to be able to answer. Ie is there anything in the tenancy agreement about a right to extend for 5 years and is back rent owed on the property you want to keep?

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