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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Please could you advise us urgently. We signed a tenancy

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Please could you advise us urgently. We signed a tenancy agreement (Common Law Tenancy) paid a deposit of £2800. We signed under extreme pressure from the landlord, she seemed desperate. She also promised to decorate the house from top to bottom. She then proceeded to say that it didn't need total decoration. The house has not been done for ten years and is very tired and dated. We in turn said we would pay for new carpets as the ones down are awful, there are no curtains in the property or white goods. We did not find out about this until after signing, as she would not let us in to discuss. So in return for decorating we said we would pay for carpets and curtains etc. We were meant to move in on the 22nd Jan. But the landlady started going back on her word re decorating. We also asked for an extension re move in date as the house would not have been ready to live in. She would not co-operate. The Agent said it would probably be better if she spoke to her. The landlady said it would be better if we did not go to the property now as the relationship was breaking down. We agreed, she said she would pay the deposit back. Now she is not going to. The Agent does not want to get involved. (we found out she is a friend of theirs) We also do not have a certificate of where the money is being held. We paid it at end of November last year. The rent was just over £33000 a year. She is being totally unreasonable, and we feel very let down. Can we insist on still going to the property. If not can we get our deposit back. I look forward to hearing from you. Also we found out that the Solicitor who drew the Common Law Tenancy up is a friend of theirs as well. In the past we have rented very large properties and paid a lot more rent than this one, but have always had a AST in the past, even though the properties have had a lot of land, stables etc. This property also has some land 6 acres and 8 stables. Thank you in advance Virginia Rusher ***********
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
Just to add the landlord insisted we sign for three years without a breakclause. This we did as long as she honoured what she promised to do, ie decorating. The property is in the Cotswolds and she owns some other smaller properties. We were under pressure because we had to be out of where we are now by the 25th January. Luckily they have given us an extension for another month.
Customer: replied 1 year ago.
I forgot to say that a few changes were made to the contract, but the contract was not updated just an email stating the points.
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Alex
Customer: replied 1 year ago.
I would like to know if there is any way we can get our deposit back urgently, bearing in mind they said they would prefer us to not go to the property now. If so how can we get it back, as it has not been protected and also explained we have no certificate to this effect. Also if she will not let us have it back can we insist we still want to go to the property, also bearing in mind the relationship between us has now broken down. If it goes to court where do we stand in this, as the contract is signed, as explained to you. We have found another property and need the money to put down on the new one. Does the above explain it to you. If not I would like to talk on the phone, but find it a lot to pay another £40 on top of the £56.
Expert:  Ash replied 1 year 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?
Alex
Customer: replied 1 year ago.
That is great, but can they come back at us re now not going to the property, especially in light of the fact that the contract was signed, but they now do not want us to go there. We are worried about this as we signed it for three years and there is no proof of them telling us to go, just the Agent letting us know, and as said earlier she is a friend of theirs. Also the Solicitor who drew the contract up is a friend of theirs as well. We do not want to be held for three years rent. Thankyou
Expert:  Ash replied 1 year ago.
They can potentially issue a counter claim and you can't stop that, it's a matter for them. But based on what you have said I think you have a valid claim.
Alex
Customer: replied 1 year ago.
ok thanks, ***** ***** is worth going for our deposit back then, as it is a lot of money.
Expert:  Ash replied 1 year ago.
Yes I think so.
Alex
Customer: replied 1 year ago.
Just one more think you didn't clarify if the contract was ok, as they made us sign a Common Law Tenancy, and my belief is that it should have been an AST as it was under £100,000 a year rent, as we do not get the same protection with a Common Law Tenancy. I believe it still can be classed as an AST contract even though it is headed as a CLT. I would be grateful for your clarification of this. Thank you.
Expert:  Ash replied 1 year ago.
Ideally you would want an AST as you have far more rights. But a court can I get its an AST even if it's not.
Does that help?
Alex
Customer: replied 1 year ago.
Thank you but not sure what your comment means "but a court can I get its an AST even if it is not". Please can you clarify. Does it mean it doesn't matter if it is not an AST. Thanks
Expert:  Ash replied 1 year ago.
Sorry that's spell check - the court can INFER an AST.
Alex
Ash and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok super thanks. Kind regards ***** *****
Expert:  Ash replied 1 year ago.
Good luck
Alex