How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

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: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Is this an AST?

Customer: replied 10 months ago.
What is an AST?
Customer: replied 10 months ago.
Customer: replied 10 months ago.
i am unable to use the phone
Expert:  Jo C. replied 10 months ago.

Assured shorthold tenancy agreement?

Customer: replied 10 months 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 10 months 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 10 months 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 10 months 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 10 months ago.
thankyou Jo
Expert:  Jo C. replied 10 months ago.

No problem. All the best.

Please remember to rate my answer

Jo C., Barrister
Category: Law
Satisfied Customers: 70009
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice