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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I was living in a house of multiple occupancy. My deposit was

Resolved Question:

I was living in a house of multiple occupancy. My deposit was not put in a deposit protection scheme.
2 Questions, actually:
1. Should the deposit have been put in such a scheme? (I moved in September 2014, moved out October 2015.)
2. As it wasn't, what recourse do I have?
Cheers
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help,you.Did you have an assured short hold tenancy please?
Customer: replied 1 year ago.
Hi Alex.I believe so.I had a contract which stipulated the monthly amount and the responsibilities of the tenant and landlord.It was a rolling contract not a year or 6 months. Either party could give a months notice to effectively end the agreement.I have a copy of the contract of you want/need to see it.Cheers,
Expert:  Ash replied 1 year ago.
Ok. Then if it's an AST the landlord should have protected the deposit and you can claim x3 the amount in law.You need to write and ask for the evidence that it was protected or say you will go to court if he does not provide it within 14 days.If the landlord does not or refuses then you can issue proceedings which you can do online at www.moneyclaim.gov.uklimited 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.
Hi Alex, that is what I thought but I just wanted someone with solid legal knowledge to have a look.Is my understanding of an AST correcct? -"The main requirement with this type of agreement is that the landlord and tenant agree on the minimum term and amount of rent. An Assured Shorthold Tenancy ensures that the tenant is protected in terms of the sum of rent. This means that the tenant has the right to challenge excessively high rent or changes in the agreed rent."In layman's terms, a monthly rent and length of time has been agreed?Interesting, I have the same contract, same letting agent and this time the deposit is protected.
Expert:  Ash replied 1 year ago.
Monthly or weekly rent plus an initial fixed term. Does that help?Alex
Customer: replied 1 year ago.
It certainly does.My initial fixed term was a month. Does that still qualify?
Expert:  Ash replied 1 year ago.
If you stayed 6 months or over then yes.Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I did.Thanks very much for the information.You have been most helpful.Keep using that legal knowledge to make the world a better place.Thanks again.

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