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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an ongoing dispute with my former landlord regarding

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Hi I have an ongoing dispute with my former landlord regarding the return of a deposit. The property had a problem of damp and mould and my son sufferers with asthma. The Health Onspectors form the city council carried out an inspection in September 2015 and I have requested a report on this inspection and they would not give it to me because they said I am no longer a tenant I have requested this through the freedom of information on the 01/03/1 and they have not given it to me they said it would take 20 days. When I spoke with the H/inspector the Landlord was supposed to have carried out remedial work in November 2015 instead served me with a section 21/23 to vacate property to which I complied with and left in December 2015 and now he did an inspection in January and now want a to retain the deposit of approx £600 to repair the damp damage in the bedrooms and the bathroom he should have carried out at his own expense following the inspection by inspectors
I have received from the tenancy deposit scheme TDS that he would like to claim the deposit and now the FOI is delaying with the report. I have been given an extension to the 17/04/16 to sibmitt a response. Please advice.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.How much is the deposit please?Alex
Customer: replied 1 year ago.
The deposit is about £600
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.
I have not received the freedom of information to prove he needed to have done the remedial work in November and not in January after I had vacated the flat so what'sy recourse in this case
Expert:  Ash replied 1 year ago.
When you bring your claim or you can do it now, you can apply to the Court for specific disclosure. That is an application to Court to make them disclose documents which you need.Can I clarify anything else for you?Alex
Customer: replied 1 year ago.
Thanks I will GP to court to request them to disclose this information
Do you know how long this process takes with the court.
Now I have been given 10 days by the TDS to respond if I do not have this info by this time what then
Expert:  Ash replied 1 year ago.
The whole process should be over within 4-6 months.You need to tell TDS you havent been provided with it but ask them to hold the matter as you have issued proceedings.Does that clarify?Alex
Customer: replied 1 year ago.
They were not helpful even giving me this 10 day extension are they likely to say no if they do what next
Expert:  Ash replied 1 year ago.
Then you just go to Court.Thats it - TDS does not stop you taking legal action.Does that clarify?Alex
Customer: replied 1 year ago.
Yes it does, if they refuse extension and I go to court are they likely to award the deposit to the landlord the whole deposit or they will be forced to wait on the court action
Expert:  Ash replied 1 year ago.
I cant say what TDS will do. But if you go to Court then you can seek it back anyway, given its a public body they are not going to be short.Does that help?Alex
Customer: replied 1 year ago.
Ok thank you for your advice
Expert:  Ash replied 1 year ago.
Happy to help. If I could ask you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you. Thanks in advance. Alex
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