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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have several questions about disputes between

Customer Question

Hello, I have several questions about disputes between Landlord and Tenants in the UK. Firstly, let me briefly explain the situation: We originally signed an Assured Shorthold Tenancy contract for 6 months (Sept-Feb) with the premise that if we like the flat we will stay longer. The 6 months ran past, but there was no further discussion on that topic and we kept living in the flat: 1) Does this mean that the new relationship can be described as Statutory Periodic Tenancy?; We then decided to move out by August 1st and informed the Landlord about this 1 month and 10 days before that. However, we were still charged for August's rent and appropriate fees. 2) Is the landlord allowed to do that?; We weren't sure about the situation, so we already paid the August rent, but only now we realized that it might not have been necessary. After we moved out (August 1st), it took the Landlord 14 days to send us the Inventory. In the Inventory, he requested repairs and replacements worth the exact amount of the deposit. Those were completely unreasonable and clearly made to fit the amount. The problem is that an inventory was not made at the start of tenancy and also the landlord has meanwhile hired a manger who previously didnt see the property. Subsequently, the Inventory included damages for things that were broken prior to our move-in, further, the prices of individual items were inflated and unrealistic. Importantly, the conditions that we were expected to meet (cleanness of the flat, repairs) were not presented to us prior to us moving out, so we didn't meet all of them. In fact, we have a proof that the document in which those are listed was only created after we moved out. 3) Would that be sufficient grounds to claim the entire deposit back? Meanwhile, We were told that the money were already released from a secure deposit scheme (which we never even heard of before - no document was provided) and we don't get anything. 4) If we take the Landlord to court, is it true that in case we prove that he didn't send us the deposit scheme certificate or that he didn't even register the deposit with the tenants he is obliged to return the full deposit plus 3 times the amount as penalty? More on the Inventory. There is number of items which are subject of dispute, but for which either side has no proof - there was no inventory and no one has a picture from before/at the start of the tenancy. The landlord claims these damages back (and it does say in the contract that we are supposed to report any damages), but they are not new damages. 5) Can we argue that he can't equally prove that these were already there? Subletting: As we are not willing to let the deposit go and keep insisting on fair settlement, we were recently threatened that the landlord knows that we breached the Agreement by letting a third person live in the property, and so if we don't want to get sued we should just let go. To clarify, we did have on different occasions people staying with us, but that was for maximum of few weeks and we didnt charge rent. We also had possessions of other people in the flat. The landlord claims that he has proof of an extra person, so 6) I was wondering if he manages to prove it to the court what charges are we likely to face (we don't live there any more, so eviction is not possible). 7) Is the landlord/court allowed to ask for our bank statements? Further, 8) is the act of threatening a legal offence? Overall: We are not sure whether it's worth taking the landlord to the court - we might get the last month's rent back (if it was charged illegally) plus the deposit and 3 x deposit amount for landlord's breach of Security Scheme requirement. However, 9) if we are found guilty for having an extra person in the flat, are we likely to be changed more? Thank you for your advice. Would you mind referencing the relevant Acts where appropriate, please? Thank you.

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
1) Yes this is a periodic tenancy
2) no, not unless the contract allows he can
3) yes you can claim your entire deposit back
4) yes that is correct
5) third person is not subletting that is just a lodger
6) no charges it's a civil matter
7) no
8) no
9) no you are not likely to be charged more
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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