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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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Hello I have a property rented out I had tenants leave 28

Resolved Question:

Hello
I have a property rented out I had tenants leave 28 May 2013 leaving the property in a dirty state I had to have place cleaned they had to scrape grease off of worktop/hob/extractor cupboard units before starting to wash several times to get the grease off there was cigarette burns in the carpets even tho smoking was not allowed I had to have carpets cleaned (looked as if they had not been cleaned since they moved in place also had to be redecorated also worktop had been burnt in three places
I wrote to company holding deposit with photos evidence of my claim for deposit to be paid to me as.repairs had cost a lot more than deposit held I was told I they could not pass deposit onto me till they had heard from tenant who they wrote to tried ringing on several occasions with no reply
I still get same answer from holders of deposit even tho 15 months have elapsed they told me I will have to take it to small claims court but this could cost me as much as deposit held
What can I di???
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much is the total value of all the repairs?
Kind regards
AJ
Customer: replied 2 years ago.
All repairs came to over £1400 for work done I did not replace burnt carpet only had it cleaned as to replace with same carpet would have cost £700 alone so could not afford to replace
The deposit is £650 which is why I claimed full deposit
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
For £1400 you can make a money claim online yourself and the cost is unlikely to be prohibitive - https://www.moneyclaim.gov.uk/web/mcol/welcome
If they have not responded to the deposit service then it is possible they wont respond to the county court claim either, which means that obtaining a Judgment should be straightforward. I am afraid this is the only way you can force their hand. The other advantage is you will have a Judgment for the full amount which you can then use to pursue the tenants for the remainder owed once the deposit is deducted.
Have you got confirmation from the TDS that they will release the deposit with a County Court Judgment in your favour?
Kind regards
AJ
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi AJ
Thanks for your answer to my question but you have only told me what deposit company had told me seems wrong to me that I have to spend more money to retrieve what I am owed with no chance of getting it back
Especially as the tenant had three months to claim if they thought they had a claim wonder if they would of been paid out if I had not responded
Thanks anyway for your time & effort
R. Hill