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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My landlord has a long a well documented history of entering

Customer Question

My landlord has a long a well documented history of entering our flat without permission and when we are not home. He also frequently accuses us to taking and breaking things that either do not exist or are not under our control (like causing cracks to the ceiling). We recently completed thecheck-out report and expect the results today. I do no expect anything unusual with the check-out but regardless, the landlord have accused us of causing damage and have said that they will not return our security deposit (it's quite a large deposit). We are prepared to go to the TDS as the deposit is in a scheme but I am wondering if it would be better to hire a lawyer rather than present our own documentation to the TDS? Also, I am wondering if the landlord's habit of entering the flat would nullify any claims that he may have? We are American and have lived in the UK for nearly three years. We are not familiar with this process.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?
Customer: replied 8 months ago.
Hello - I'd like to know exactly I asked. Would you answer, please?
Expert:  Ash replied 8 months ago.
It is breach of contract and such you can sue for loss and damage. The Landlord cant just enter it must be in accordance with the terms of the tenancy agreement.In any event he cant just hold onto your deposit - it is YOUR deposit held with an external agency the TDS. If there is a dispute, they will consider it.If its things that are cracked like the ceiling etc, then the Landlord MUST show this goes beyond fair wear and tear, if not the Landlord cant clasim for it.The Landlord can't claim for things that are broken which are not, or are not part of the inventory.You wont need a lawyer to deal with the TDS, you can send them the documents and they will make a decision.But the fact he enters the property is something for the TDS to consider when thinking about his conduct.In any event it does not stop you making a claim for breach of contract in the County Court.You need to write and set out your losses and request compensation 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 compensate 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
Expert:  Ash replied 8 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 8 months ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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