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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I found a flat son as he was homeless after a relationship

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I found a flat for my son as he was homeless after a relationship breakdown. As my son was 22 years old I was quite happy to pay the bond and be a home owner guarantor. I paid a months rent of £330 and a months bond of £330. I dealt with a letting agent called Park property's. My agent was called Simone who acted on behalf of a Mr Rodger Waddington. My son and I signed a 6 month lease. After 2 months I got a call from Mr Waddington saying he wanted my son out as he was layed on the floor in his flat drunk and drugged up. I'm a nurse and said to him is he breathing? I then said to him how can you tell if he is drugged up as he is asleep. I can be believe he is drunk as most young people are at this age but no way can you tell me that. I also said how come you are in my sons flat if this is the case. he said the door was open. I said he was lying as its a fire door and it slams shut all the time. The landlord had let himself in using a spare set of keys. He told me he wants him out. I said because he is breaking the tenancy agreement I will ensure he moves out but I want my bond back. He said ok. I found another flat and asked the landlord to come to the flat as my son was moving out for him to check it over and hand over the bond. He arrived and would not check the flat as he wanted us out before he gave me the bond. I contacted Simone of park property's and asked for my bond. She said she does not deal with him any more as there has been many complaints and he pockets the bonds and refuses to give them back. He does not use the Depoist protection scheme run by the government. My question is is it worth my time and money to take this horrible man to the small claims court? When we left the flat a week later I arrange for Simone to check the flat and photograph it prove it was in the same condition from when we rented it. She agreed it was and said if I go to court she will back me up. my feelings are that this is not about my son anymore. He is very happy now in his new place. It's about a man who is a bully with woman and this man has not been fair with me and I've tried to reason with him.
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify for the avoidance of doubt in relation to the first flat which is the subject of your enquiry, your son had sole occupation of the entire flat and did not share occupation with the landlord - I have little doubt of this from what you say but ask just to be sure?Do you or your son still have a copy of or access to the signed tenancy agreement? If so does it refer to the deposit you paid?Finally do you have evidence you paid the deposit to the landlord - e.g. a bank record or receipt?
Customer: replied 1 year ago.
Hi Joshua, my son had sole occupancy for the flat. He lived alone.
Yes we do have a record of the deposit paid.
I also have evidence of the deposit paid as I paid cash. The landlord only accepts cash.
Expert:  Joshua replied 1 year ago.
Thank you. And the last point was the tenancy agreement. Do you have a signed copy or have access to it via the agent?
Customer: replied 1 year ago.
Yes I do.
Expert:  Joshua replied 1 year ago.
Thanks very much for that. In that case you are entitled to the return of your deposit in full together with compensation of at least an amount equivalent to your deposit though a judge can award up to three times the amount of the deposit in compensation. This is because the landlord is in breach of the deposit protection regulations provided by the Housing Act as amended by the Localism Act in failing to protect your deposit within 30 days of receipt and as such, you require the immediate return of your deposit and will be seeking a claim for damages in the amount of three times the deposit as provided for by above legislation. You can invite the landlord to enclose his cheque your full deposit together with the above compensation failing which, you will issue proceedings in the County Court after 10 days in the assumption the landlord does not settle the matter to your satisfaction, the simplest way to issue proceedings is by using the course online issuing service where you will ask for the return of your deposit and in addition, ask the court in your claim form "to award damages of three times the amount of the deposit as provided for by the Housing Act as amended by the Localism Act". If the matter proceeds to court it is also worth raising the issue of the landlords entry into the property and behaviour generally as he may be in breach of the Protection Against Eviction Act. If you can demonstrate poor conduct on the part of the landlord the judge is more likely to award more than one times the amount of the deposit in compensation. However it is worth proceeding on the basis that you can recover the deposit and at a minimum a further one times the amount as damages, thous as above this could be up to three times the amount at the discretion of the judge. There is no defence available to the landlord so you are all but guaranteed to walk away with double the deposit. Finally if you decide to proceed it is better that your son writes to the landlord and issues the claim on the basis that the above regulations protect him as tenant. There is nothing preventing you doing the paperwork on his behalf but it should be issued in his name. The simplest way to issue proceedings is by using the courts online issuing service - costs of issue and any expenses in attending the hearing can be reclaimed from the landlord:https://www.moneyclaim.gov.uk/web/mcol/welcome I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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