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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, I have a question regarding an issue which I currently

Resolved Question:

Hi there, I have a question regarding an issue which I currently have with my old tenant. My tenant was in two months worth of rent arrears before he left the property willingly. After he left, he sent me a letter that I illegally evicted him from the property which is absurd. I also took of him a £250 administration fee which in which is stated in his contract and he's accusing me of not securing his 'deposit' under the DPS even though I know that one was never taken. He has threatened of taking me to court as he believes I owe him three times the amount of £250, plus additional costs for illegal eviction. Where do I stand with such a ridiculous accusation.
Regards
Hamza
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you mean a deposit was never taken from him?
Customer: replied 1 year ago.
Yes, a deposit was never taken of him even though he specifies that he has written evidence via text that I mentioned a deposit was taken off him.
Expert:  Ben Jones replied 1 year ago.
You say you took £250 off him - from what was that taken?
Customer: replied 1 year ago.
As an administration fee
Customer: replied 1 year ago.
And it was taken as a cash payment without giving him a receipt but it was mentioned within his Agreement in which a deposit wasn't specified as one was never taken.
Customer: replied 1 year ago.
?
Expert:  Ben Jones replied 1 year ago.
So you took this fee at the beginning? Was it supposed to be refundable at any stage?
Customer: replied 1 year ago.
Non-refundable.
Customer: replied 1 year ago.
What is your verdict?
Expert:  Ben Jones replied 1 year ago.
Let me get my response ready please, I also need to look a few things up
Customer: replied 1 year ago.
Thanks
Expert:  Ben Jones replied 1 year ago.
First of all you have to consider if you have illegally evicted this tenant. This would happen if:· You forced him to leave by threatening him· Physically threw him out· Blocked his access to certain parts of the property· Changed the locks of the property whilst he was out Assuming none of these things happened, the eviction is unlikely to be illegal and his threats in that regard are empty. In terms of the deposit, you are not required to take a deposit at all. If you did then there would have been certain requirements in terms of securing it with the DPS but you did not so this is also not relevant. So everything he has said appears to be just empty threats and I do not actually see them taking this as far as court, which is the only venue you could be forced to do anything. He is probably hoping that you will pay him to go away but I would certainly not advise that. I suggest you make it clear you owe him nothing, mention the above things to confirm that and state that if he does not stop contacting you, then you will treat it as harassment and take further steps yourself. Even if he goes to court, you should be able to defend these allegations as they are simply not true, but I do not realistically see them going that far. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
But he has specified that I text him confirming that a deposit was taken. Can a text be a valid evidence of strengthening his case if a court hearing went ahead?
Customer: replied 1 year ago.
As it may well of been mentioned subcounciously or accidentally.
Expert:  Ben Jones replied 1 year ago.
A text can be used as evidence but in the circumstances it may not be enough. The fact you said you would take a deposit does not mean one was actually taken. You could have said you will take it but never did – in that case the text is irrelevant. He will need to show that money was actually taken by you as deposit. Hope this clarifies?
Customer: replied 1 year ago.
But he's assuring me that I stated that a deposit was taken in terms of past tense?
Expert:  Ben Jones replied 1 year ago.
that is his version of events, unless he can show through bank statements, cheque slips, etc that he had actually paid a deposit, this is irrelevant
Customer: replied 1 year ago.
Thanks Ben, do you have a Facebook page I can contact you on if I have any further questions.
Expert:  Ben Jones replied 1 year ago.
I am afraid not but you are always welcome to come back on here and ask for me by name - start your question with 'for Ben Jones'. All the bestIf your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
I paid over £50 for your professional opinion, can I have this amount refunded?
Expert:  Ben Jones replied 1 year ago.
Why do you want a refund, were you not satisfied with my advice above?
Customer: replied 1 year ago.
I was, apart from when you told me that texts can be used as a form of evidence, as I was told otherwise by third party solicitors.
Customer: replied 1 year ago.
Is a text message a legal binding contract?
Customer: replied 1 year ago.
Is it?
Expert:  Ben Jones replied 1 year ago.
Of course than a text can be used as evidence, I think you need to revisit the solicitor who told you that they cannot - the court will have the final say as to whether they want to admit them as evidence but if they decide to then yes they can be sued. As to whether a text message can create a legally binding contract that is also possible, in fact a contract can be forced just trough a verbal exchange. But you are not looking at a binding contract here by saying you have kept a deposit, this is not really a contract that he can try and enforce - as mentioned he needs to actually show that a deposit was taken, not just that you had talked about it in a text
Customer: replied 1 year ago.
Okay, thank you. Can this conversation be sent to me via email.
Expert:  Ben Jones replied 1 year ago.
I can save it into a pdf document and give you a download link but please leave your rating first so I can close it, thanks - the link will be displayed here afterwards
Customer: replied 1 year ago.
Okay, please do send me a PDF document.
Expert:  Ben Jones replied 1 year ago.
can you please close the question first as I need to get a summary of the question thanks
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you, ***** ***** just get this sorted
Expert:  Ben Jones replied 1 year ago.
here is the link: http://www.mediafire.com/view/46s2d2r0qc9jl45/JustAnswer.pdf Have a good evening

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