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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 have a commercial property dispute regarding my

Resolved Question:

Hi There
I have a commercial property dispute regarding my return of deposit from the Landlord. I have been renting the property for 9 years and on commencement of the lease no list or inspection with the letting agent for the fixtures and fittings of the unit was recorded.
During the 9 years the property was flooded on many occasions due to bad drainage and at no time was this fixed by the Landlord despite many request and email showing damage to carpets and unit.
My lease has ended at the end of August 2014, and I painted, cleaned and left the premises in a better condition than I received it. The Letting agent inspected the premises the first week September and thanked me for leaving the premises in good condition, but noted that there were some carpet tiles that showed wear and needed to be replaced but would create a problem due to blending in with the rest of the carpet tiles due to water damage. I explained to the letting agent that I could not be held responsible for the carpets due to the flooding as mentioned above, and the lease stated fair wear and tear.
Today 12th September 2014, I received an email from the letting agent informing me that the carpets, the blinds and the railing in the bathroom need to be replaced at my cost and deducted from the rental deposit.
I do not understand how all of sudden there are additional items when the Letting agent after his inspection only questioned 6 carpet tiles and none of the above.
My lease states that the deposit needs to go into a separate interest bearing account and on asking for the amount of interest due to me no answer has been given.
Please can you advise my legal rights in getting my full deposit returned? I would also like to enquire what is the legal time period after leaving premises that the deposit is returned. Is the Landlord entitled to deduct any monies without notice to myself?
Lastly I sent an email to the Letting Agent lodging a complaint and informing him not to deduct from the deposit and he told me by return email to get legal counsel.
I would appreciate your advice on this situation
Thank you
Lorraine
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi There,

PLease can you continue as I need a legal answer regarding this. Please advise how much longer it will take.

Thank you.

Lorraine

Expert:  Nicola-mod replied 2 years ago.
Hello Lorraine,
We will continue to look for a Professional to assist you. I'm afraid JustAnswer cannot guarantee a time, although most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
How much is the deposit please?
Alex
Customer: replied 2 years ago.

Hi Alex,

The deposit is 1125 pounds, and I am a small business so this is an amount I need for my deposit going forward.

Thank You

Expert:  Ash replied 2 years ago.
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?
Alex
Customer: replied 2 years ago.

Hi Alex,

I moved out at the end of August 2014. The Landlord has not told me what the costs are going to be deducted so how do I write a claim setting out my losses,when I do not know the amounts being deducted? What would the content of the claim be, and is there an example to follow as I have never done this before.

Thank you for your help.

Expert:  Ash replied 2 years ago.
The claim would be the total deposit. Your deposit should have been returned by now.
You just need to say on the claim you paid your deposit on x date.
You moved out on x date and the deposit has not been returned.
But first you need to write and set out your losses - this may prompt the return of such deposit.
Alex
Customer: replied 2 years ago.

Hi Alex,

What would my losses be?

Expert:  Ash replied 2 years ago.
The total value of deposit.
Alex
Customer: replied 2 years ago.

Hi Alex,

Is there anywhere I can get an example of a claim online to give me an idea as to what to write, as you say that I must write out and set out my losses.

I would appreciate it if I could get get an example.

Thank you

Expert:  Ash replied 2 years ago.
Not really. There are only claim form templates online.
But as I have said, all you need to say is:
You just need to say on the claim you paid your deposit on x date.
You moved out on x date and the deposit has not been returned.
You want a full payment within 14 days or you are going to Court.
That is it. Short and to the point.
Does that help?
Alex
Customer: replied 2 years ago.

You Mentioned in a previous answer

"But first you need to write and set out your losses - this may prompt the return of such deposit."

Please explain what this would be and can I ask for the interest as per the Deed of deposit.

Thank you

Expert:  Ash replied 2 years ago.
You can ask for
1) Deposit
2) Interest as per the agreement
Does that help?
Alex
Expert:  Ash replied 2 years ago.
I am just seeing if you are ok with this or need more help?
It's just a follow up.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for following up.

Do I mention anything about the flooding or purely ask for the deposit and interest.

Thank you for your help

Expert:  Ash replied 2 years ago.
Don't worry about the flooding - just deal with deposit and interest.
Does that help?
Alex

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