How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

hello

Resolved Question:

hello


 


i'm sorry i wrote my issue under the wrong headline.


 


i recently gave a months notice to my landlord and that was totally acceptable to him. however my housemate is making it difficult for me to get my deposit back as the landlord said a replacement tenant can refund me my deposit.


this got so heated one day that we got into a physical altercation where i sustained minor injury due to him man handling me. the police did show up and took  a record and my parents came to move me back home immediately.  now he is wanting me to pay full usage of the electricity bill for the month even though i wasn't able to stay in the apartment for the month (that i've paid  for ) due to fear for my safety. also the bill hasn't arrived yet and he wants me to pay an estimate.


 


all i want is to get my deposit back and not have to pay for electricity usage for the period that i am not present but he has threatened to withhold my deposit, mean while, the land lord is not willing to be involved.

Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this. Are you a joint tenant or do you have a separate agreement to the other person? Was he arrested and/or charged? Is there a written tenancy and has the term of the tenancy expired? Is there a replacement tenant.

Customer:

Hi

Customer:

Im sorry, I am just on my way to work.

Customer:

Yes it is a joint tenancy arrangement where, I didn't need to sign a lease because we agreed on me staying a short period of less than a year. However I do have proof of rent paid. Yes my ex housemate informed me yesterday 18 of February that a replacement has been found.

LondonlawyerJ :

When will that replacement be able to move in? Am I right in thinking that the deposit is held by your landlord and not in a deposit protection scheme? Is your landlord a friend/acquaintance - I say that because of the informal nature of your tenancy.

LondonlawyerJ :

I am also just about to start travelling to a meeting. I will answer you later today. I hope that is OK.

Customer: replied 3 years ago.

No the landlord is not a friend. My housemate was a friend till this dispute started.


By the time I was moving in, the year leasr was already expired and I didnt have to renew because I explained that I wouldn't be staying for a year.


 


I appreciate your help.

Expert:  LondonlawyerJ replied 3 years ago.
Has my answer answered your question if not please let me know what else you would like to know.
Customer: replied 3 years ago.

I'm sorry not really.


I still sol l do not know how to handle the situation.

Expert:  LondonlawyerJ replied 3 years ago.
I am sorry my answer isn't on this thread. I must have been offline when I thought I had sent it. Just give me a moment.
Expert:  LondonlawyerJ replied 3 years ago.


So you have brought your tenancy to an end by giving notice that was acceptable to the landlord and a replacement tenant has been found thus preventing the landlord suffering any loss. The proposal re: your deposit is that the landlord will keep your deposit but the new tenant will give you a sum equivalent to your deposit.

You departure caused some friction with your co-tenant and you had to leave due to his violence towards you. Your concern is about the electricity bill. I assume that for the time you were resident you did pay for a share of the electricity bill. The starting point for this questionis that for as long as you are the tenant you will be expected to continue to do this. I do not know when your tenancy will end.

However the person who benefits from this is the person who assaulted you, thereby arguably making it impossible for you to stay at the flat. Also since you have physically left you are using no electricity at all. It is entirely reasonable for you to argue that due to these 2 points you are not responsible for the energy bill for any period after the date you left the property.

This is a dispute between you and you co-tenant not the landlord. I would suggest you ask the landlord for contact details for the new tenant so that you can arrange for him to pay the money to you, or perhaps ask the landlord to ask him to do this. It would obviously be sensible for you to bypass the co-tenant entirely.

If you are able to do this you could then, if you wanted, offer to pay your share up to the date when you left after seeing a copy of the bill.

If your co-tenant is able to persuade the new tenant to pay you less than the deposit - keeping a reserve for the electricity bill - then you would have a reasonable argument to bring a claim against him in the small claims court. You should wait until it is clear what the difference is between what you accept you owe and how much has been retained permanently.

You can follow this link to see the simple small claims on-line issuing procedure. If a trial were necessary this would take place in the Defendant’s local county court.

https://www.gov.uk/make-court-claim-for-money/overview


LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 791
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice