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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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My neice rented my property from me and I asked months rent

Resolved Question:

my neice rented my property from me and I asked for a months rent in advance I am not really a landlord as the property was up for sale and she came to me desperate for some where temporary to live. she is moving out after 12 months and has left my property in a mess. she is also asking for the months rent back which I have said she can have as long as she puts right the damage. she is now saying I should of given her details of where the months rent up front went (protection account?) I don't know anything about this protection account and she is saying she can sue me for upto 3 times the amount she paid as I didn't take out this protection,is she right? I only let her rent my property because she was desperate and now its making me ill as I am getting in debt myself having to pay the mortgage on it. she has been given a council house. what should I do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Is this an AST?

Customer: replied 1 year ago.
What is an AST?
Customer: replied 1 year ago.
Customer: replied 1 year ago.
i am unable to use the phone
Expert:  Jo C. replied 1 year ago.

Assured shorthold tenancy agreement?

Customer: replied 1 year ago.
I assume that's what it is. I have never rented out a property before I was just doing my neice a favour as she was desperate I did give her a tenancy agreement and she paid 2 months rent in advance
Expert:  Jo C. replied 1 year ago.

Ok. Proceeding on the basis that this is an AST then she is right. She is also an ungrateful little madam and you might want to have nothing more to do with her but the problem is that being an unreasonable tenant doesn't mean you are not a tenant.

Expert:  Jo C. replied 1 year ago.

The deposit should have been in a scheme and it is not. She does have a claim for three times the sum. You would probably not be liable for three times the amount but she could sue for up to that sum.

Expert:  Jo C. replied 1 year ago.

If you are prepared to take the risk then you can deduct any damage from her deposit and sue her for any additional amount but you may well be hit with a counterclaim.

The advantage here though is that she will not probably just refuse to go because she has a council house waiting for her.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
thankyou Jo
Expert:  Jo C. replied 1 year ago.

No problem. All the best.

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