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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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We have moved out from our old rented house on 15/10/2015.

Customer Question

We have moved out from our old rented house on 15/10/2015. As we had kids at home we requested the letting agent to organize final cleaning and decoration of the house. The deposit given was £1350.00
Few days later we have requested for the remaining amount from our deposit and it was informed that they are awaiting the invoices and would get in touch with us soon.
We kept on contacting both the land lord and the agent for the remaining deposit but the response received was that they are still waiting for invoices.
About ten days ago we have received a mail from the landlord that we have to pay another £1308.99. (total 1350+1308.99=2658.99)
They are claiming 2058.99 for the repairs at home and £500 as loss of rent due to these repairs.
They have not send any invoices to me. We don't believe that here was a repair for this amount and it is unfair for him to ask for 500 pounds as loss of rent as the had new tenants started to live there in less than one month. Please advice
Thanks
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you.
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?
Alex
Customer: replied 11 months ago.
Thanks Alex.
I believe our deposit is is protected with Mydeposits protection scheme. When I checked their website it says that if there is a dispute I should use their Dispute resolution service. I am not sure if to straight to court or the solis pure result ion service. Please advice
Thanks
Customer: replied 11 months ago.
*I am not sure if I go to the court or use the Dispute service .
Expert:  Ash replied 11 months ago.
I see, yes you should use the deposit service dispute resolution scheme. Only then if it does not work should you go to court.
Does that help?
Alex
Customer: replied 11 months ago.
Hi Alex Thanks for your reply.
I have contacted Deposit dispute team. they told me that they deal with only deposited amount. if any extra amount I need to go through the court proceedings.
I have no experience with court proceedings. just wondering how does it happens.Also Could you please advice me what is my landlords position to claim £500 from us for loss of rent for one month due to maintenance. we left that house on 15/10/15 and as we aware new tenants started there on 12/11/15Please advice
thanks
Expert:  Ash replied 11 months ago.
They can't claim for loss of rent, it's not in the contract.
Does that help?
Alex
Expert:  Ash replied 11 months ago.
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: replied 11 months ago.
Hi Alex
Sorry for the late response as I was on dutyI have received a message from my old land lord- as follows ,'Hello,
I wish you well over xmas and new year.
AS A GESTURE AND WITHOUT PREJUDICEI will accept your deposit to settle all and not persue monies for outstanding items/claimsPlease confirm acceptance of my offer and the matter will be closed.Kind regards'
[Name]Just wondering what is the meaning of '
AS A GESTURE AND WITHOUT PREJUDICE' . Does it have any legal meaning. Advice meThanks
BEJOYI
Expert:  Ash replied 11 months ago.
Without prejudice means you can't use the letter in Court.
Please do remember to rate so the site credits me for my time.
Does that clarify?
Alex
Expert:  Ash replied 11 months ago.
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/

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