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Did the Landlord protect the deposit, have you asked for evidence please?
I didnt ask him for evidence. How ever he said that the deposit is under a previous tenant, the one I replaced when I joined the house. And he said that he can not give us our deposit because that tenant is claiming it back.
But he accepted you as the new lead tenant?
Yes. He did
We signed a new contract
He asked me to pay the part of the deposit to that previous tenant and I did. I sent him evidences. But now he says that the deposit is still under her name and that she is claiming it back
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
I did that today. by email. and he called me back very upset saying that i did lost my deposit. that the deposit is under her name (previous tenant) and that if i want it I should take her to court instead of him
You need to take the Landlord to Court as he accepted the change
Do I need still to wait 14 days??
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