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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had been renting a property greater part of two years.

Resolved Question:

I had been renting a property for the greater part of two years. My tenancy Agreement would have expired in June 2015.
The house has been full of Damp and Mold which I communicated to the Landlord verbally (he refused to give me a forwarding address to send him mails, letters kept comming to my address for him which i handed over each time he collected the rent). Nothing was done about it.
Because of my kids in the house i kept sorting it out myself (before and after pictures taken).
in october i told him verbally that i will be moving in three months time which was at the end of January due to me kids health.
Early December i again told him verbally that i and no longer in the property due to a problem with my wife and she will be looking to move as mentioned earlier; end of january.
I reminged him again around the 16th January.
After moving I cleaned the property and handed it back to the LandLord.
He refused to give me back my deposit on the proprety and said i have to pay him until the contract ends.
Bearing in mind:-
1. My kids health and the state of the property which he refused to fix.
2. he got 3 monthe notice.
3. he knew i had left the property early Decenber.
4. Paid the initial 6 months rent in advance after which i continued to pay 2 months in advance
I just need legal advice.
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 : For now please let me know whether your deposit was protected please?
Customer:

Hi Alex,am not sure

Customer:

Hi Alex,

Customer:

Hi Alex, i am not suer as nothing had been communicated to me. i know for sure that on the TA it is stated that i have paid my deposit. Nothing mentioned about it being protected. how should i have known as it was my first time of renting.

Alex Watts :

Can you find out whether it has been protected, as it is quite important?

Customer:

I will ask the landlord later today

Customer:

No, it has not been protected.

Alex Watts : What is if you want to achive please?
Customer:

1. to know if i can get my deposit back. 2. if i am liable to pay out the contract.

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Since the only address i have for the Landlord is the address i have been living in , what if he does not go around to that address to pick up his mails, what shall i do?

Alex Watts :

The Court rules say you must serve at the last known address, so your current address

Alex Watts :

That is acceptable.

Alex Watts :

Does that clarify?

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/

Customer:

Thanks Alex. I wrote to the landlord requesting my deposit, indicate that i will be going to court within 14days from the date on the letter. Today i received a text to meet him to collect the deposit.

Customer:

Thamks Alex. I wrote to the Landlord as advised. Today i have received a text asking me to meet with him for my deposit.

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