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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

My assured short hold tenancy recently ended. The landlord

Resolved Question:

My assured short hold tenancy recently ended. The landlord gave me notice that she intended to withhold my entire deposit (unfairly). The AST says she had 10 working days to do this. She did it on the 11th working day.
The deposit arbitration scheme says they must ignore this as the deadline in the AST is 'guidance'. I don't see how it can be guidance. It is a term in a contract and the landlord has breached that term by retaining my deposit but not notifying me in the required timescale.
My question is, am I better just allowing the arbitration to progress or should I take it to court? Would a court likely make judgement based on the landlords failure to notifiy or would they go through a similar process of looking at the whole circumstances, similar to arbitration?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

On what basis it is being withheld please?

Customer:

Various issues, mostly very exaggerated - redecoration works, minor damage etc. No rent arrears or anything of that nature.

Customer:

I'm fairly confident that arbitration would find to a large extent in my favour, however my confidence in them is shaken as they're ignoring a term in the AST, referring to it as 'guidance'.

Alex Watts :

Even assuming it was notified on day 10 - the situation would be the same as now?

Customer:

Yes, if it was notified on day 10 I'd simply let arbitration run its course. However, if a court would take the view that the AST was breached by failing to notify me in time and therefore award my whole deposit back, I'd take that route.

Alex Watts :

It would but then a Court would also look at the bigger picture, we are only talking 1 day

Alex Watts :

This would certainly go to conduct of the Landlord.

Customer:

So, it would be safest to let arbitration run it's course?

Alex Watts :

But I think you should consider going to Court.

Alex Watts :

The Landlord would have to show on balance that you owe the money

Customer:

OK

Customer:

If I went to court, I'm I likely to incur costs even if I win?

Alex Watts :

No, if you win then any costs are added to the claim.

Alex Watts :

If its under £10,000 and I am sure it is, it would be a small claim

Alex Watts :

Fees are listed here:

Alex Watts :

http://www.justice.gov.uk/courts/fees

Alex Watts :

Can I clarify anything else for you?

Customer:

OK, thanks for your help.

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

If the system won’t let you please click reply.

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

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 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