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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On September 2012, Miss Ana Nacle, Julia Milan and Altea Escriva

Resolved Question:

On September 2012, Miss Ana Nacle, Julia Milan and Altea Escriva rented a property and they paid to Ana Nacle (she was the nominated tenant) tenancy deposit of £1938.48 in respect of property.

On May 2013, I moved in to the proper property and I signed a new contract together with Miss Julia Milan and Altea Escriva, which was dated on september 2013 and explain that a deposit of £1938.48 was under our name. I paid Miss Ana Nacle her part of the deposit, as landlord asked me to do, I sent evidence of the payment to Miss Ana Nacle as Landlord asked me to do. And Miss Ana Nacle moved out of the property.

I was then the nominated tenant. We left the property on march 30th, and then we discover that the deposit is under Ana's name and Landord will give the deposit back to her.

What shall I do?
Did the landlord fail to protect the deposit?

Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the Landlord protect the deposit, have you asked for evidence please?

Customer:

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.

Alex Watts :

But he accepted you as the new lead tenant?

Customer:

Yes. He did

Customer:

We signed a new contract

Customer:

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

Alex Watts :

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.


 

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Alex Watts :

You need to take the Landlord to Court as he accepted the change

Customer:

Do I need still to wait 14 days??

Alex Watts :

You should.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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Category: Law
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Experience: Solicitor with 5+ years experience
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