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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We rented a property and a half years, at £995 per month,

Resolved Question:

We rented a property for 5 and a half years, at £995 per month, leaving at the beginning of January. Our landlord was of the opinion in January that the property needed substantial refurbishment and refused to return deposit of £1095 also keeping £500 rent we paid by mistake when standing order was not cancelled. Although they seem to have done nothing about it for over three months (perhaps holidaying in Spain?), they are now wanting us to compensate them for losses in rent over the past four months.
What is the legal situation, please.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Was the deposit protected please?
Customer: replied 2 years ago.

Yes - through Tenancy Deposit Scheme.

Expert:  Ash replied 2 years ago.
Did you get that back or register a dispute?
Customer: replied 2 years ago.

Neither - we did not realise there was a 3 month time limit. We were waiting to hear back from landlord. They have now sent us a release form.

We are more concerned about having to pay rental compensation.

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 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: replied 2 years ago.

My main query was whether they can claim rental compensation from us for the time between our leaving and a new tenant taking over, even though they seem to have made little effort to do anything with the house for four months?

Expert:  Ash replied 2 years ago.
No. They can not, they need to mitigate their loss. So no, especially if they havent done anything for 4 months.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.