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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Deposits When a tenancy deposit is paid is it not recorded

Resolved Question:

Deposits

When a tenancy deposit is paid is it not recorded on the contract as to whether it is cash or bond. and is it recorded on the contract in a different attachment?

I swear I saw it recorded as Deposit Paid : £280 (cash)

I paid deposit cash way back in 2000. I cannot find my original, too much pile of papers.

argued it was a bond. It was not

and would council have records of bonds?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

TDS not paid by landlord. Argues it was bond, it was not.


 


He has now paid it out of his own money. TDS dispute part of court case.


 


Property Ombudsman has been involved and part of his finding is that landlord is responsible. But almost accepts it may be a bond without proof. I swear I saw the original tenancy agreement with the deposit paid £280 (cash) at side to inform any one.


 


It would be included in the written contract details as to how it was paid? Wouldn't it.


 


local council bonds org has wrapped up as a charity in 2009. original landlord died and I think orginal estate agent gone, and would they keep such old documentation?

Expert:  Ash replied 3 years ago.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

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 signed 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?

Alex

Customer: replied 3 years ago.

all that is sorted in middle of court case, liability and failure already identified, except proof it was cash not bond.


 


thought it would state on contract when I paid it in, I swear I saw it on something £280 (cash)

Expert:  Ash replied 3 years ago.
Ok. In my view it should be refunded.

Does that help?

Alex

Customer: replied 3 years ago.

trying to find original proof it was cash. is it not usually stipulated on contract? I cannot find original,


 

Expert:  Ash replied 3 years ago.
Generally not no. But you only need to convince the Court on balance, ie it was more likely than not.

Does that help?

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