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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a landlord, i rented a flat to mrs D through an agent

Resolved Question:

I am a landlord, i rented a flat to mrs D through an agent she signed a contract. in the contract was a brief description of the furniture, at the end of the contract i gave her one months notice in the correct manner,(never paid on time) she had left the flat 2 days before we inspected, to find she had removed the furniture. there was also damage to a wall a bedroom flooring and a new washing machine. I have not returned her deposit she also left a tumble dryer that she does want back and she has instructed me to dump her bed .on texting her about the furniture, she told me she had had her own furniture removed and i never gave her furniture, and as the property is covered by ctv cameras she can prove this, I don't doubt that she did remove her own stuff two weeks ago I just want to know where mine is. she is now going to a solicitor accusing me of calling her a thief (i think she will get legal aid for this) hence she can afford to drag it out i carnt.
what should i do i have her tumble dryer and 450 deposit. her tenancy agreement and photos of damage. what should i do next
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 : What is the cost of your repairs please?
Customer:

vinyl flooring £220

Customer:

vinyl flooring £220

Customer:

hole in wall due to door handle being hit off it £120

Customer:

crack in washing machine not yet inspected, as machine still working I think tenant did not leave electric card so waiting to test electrics still

Customer:

and furniture bed

Customer:

£149.99

Customer:

sofa£199.99

Customer:

black chair £134.99

Customer:

red rug £11.99

Alex Watts : So about £1100 all in? Do you know where the tenant has moved to?
Customer:

Sorry my fault the first 220 is a typing error so total bill £836.96

Customer:

Yes the tenant has moved on to the same street about twenty houses away

Customer:

is there anything else you might need to know,to help this query.

Alex Watts : Ok
Alex Watts : does that include deduction for deposit?
Customer:

Not sure what you mean exactly the whole deposit is 450 i still have in a TDS account. and the damages plus missing furniture is as listed above £836.96

Alex Watts :

Ok - you dont need to worry then. You can sue for your loss and damage

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 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?

Customer:

how do i stand on her tumble dryer as i now have it in my storage. and in writing to them , will this need to be a letter from a solicitor and if i take it to county court will that cost me because i have learnt in the past as they have legal aid there expenses get covered and i end up in debt and they will never pay me because according to them they have nothing.

Alex Watts :

You can keep hold of it but write and give 1 month to remove it or say that you will sell it and place those funds to credit the account.

Alex Watts :

You are entitled to charge storage to date for it

Alex Watts :

Does that help?

Customer:

after they left my premises and had taken everything they then told me they wanted there tumble dryer but had not been able to take it at the time. I had changed the locks but they had vacated the premises and left me 1 of 2 keys they had.

Alex Watts :

Yes that is fine - if they had vacated then you can change the locks

Customer:

but can i hold that tumble dryer against there want

Customer:

thier

Alex Watts :

Yes you can. Say you will get it once you are paid

Customer:

great thats the clarification i needed.

Alex Watts :

Can I clarify anything else for you?

Customer:

no thanks i may get back to you next week if something else develops

Alex Watts :

Happy to help. If I could invite you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply.

Ash and 2 other Law Specialists are ready to help you

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