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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, I moved to London from Australia just over 3 months

Resolved Question:

Hi there,

I moved to London from Australia just over 3 months ago now, I stayed in a back packers for a week whilst looking for a room to rent. I found advertised a room share for 340 pounds a month. I thought this was brilliant, I thought I could do this for a few months, save up some money and go from there. I moved in with Claire, a lovely girl from France who had advertised to share the room because she couldn't afford to pay the rent solely. I paid 340 Deposit and moved in. I did not sign a lease or any other agreement. The landlord apparently stayed at the weekends. I did not see him for the first couple of weeks. He had a friend Nyah who seemed to be at the house in room B oocasionally also, I introduced my self to him, but hadn't met David (Landlord).

While I was living there I encountered a few problems such as; The toilet seat was broken, There were exposed electrical wires in one of the showers, There was an unsafe patio area out the back with a 2 plus meter drop, there were mice, there were tradesman constantly at the house, tradesmen coming into out room on occasion and even on one occasion the landlord had his drunk friends knock on our door at 4 in the morning constantly until I answered the door. My room mate Claire was getting bitten by bed bugs the whole time she was there, I luckily wasn't.

Claire and myself decided we had had enough. Claire's lease stated that she either see out the end of her contract, which was due to run out in a couple of weeks, or she find a replacement for the room. She found two Italian girls to move in. They hand over there bond and we move out, Claire had informed the landlord of this. David (Landlord) then decides he doesn't want these girls living there and says they cannot stay.

My question to you is this: Is it up to him now to find someone for the room and then give the deposit back to the girls ? Can we come into any legal problems with them ? We did what the contract said to do, it was the Landlord that refused to let them stay
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 :

When you say 'him' you mean the Landlord please?

Customer:

Yes (him) David the Landlord

Alex Watts :

So he asked you to leave now is refusing to give the deposit back?

Customer:

No , he didn't ask us to leave, but because of the bedbugs and other circumstances including the problems I previously mentioned, myself and Claire wanted to leave asap. We found two girls to replace us. It states in Claire's contract that if we found someone to take our place, we could leave, and we had a verbal agreement with the Landlord about this subject also.

Alex Watts :

Ok - in that case if you found replacements you should get the deposit 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?


 

Alex Watts :

If you are unable to rate my service then please let me know

Alex Watts :

If you need more help please click reply.

Customer:

Thank you for your advise, I just have one more question for you: If we do not give the deposit back to the replacement tenants, can we be in trouble legally or is it the Landlord that has to now find a replacement and give the deposit back to them ?

Alex Watts :

No, the Landlord should as it should be transferred.

Alex Watts :

Does that help?

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/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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