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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have recently issued a claim against my landlord because

Customer Question

Hi,I have recently issued a claim against my landlord because they took my deposit out of the deposit scheme and refused to put it back in the deposit scheme.Claim was issued on the 26th May. The following actions were subsequently posted in the online claim history:FINDSTAY filed a defence on 21/06/2016 at 14:01:
A bar was put in place for FINDSTAY on 21/06/2016
DQ sent to FINDSTAY on 22/06/2016Can you please explain what these updates mean as it is not clear to me? Also; I understand as I have logged a court claim that the landlord can’t evict me from the property. Are they allowed to increase the rent under these conditions? They have increased the rent from £955 to £1,200 which seem unfair and just a ploy to get us to leave the property.I have the following clause in my contract:15) The landlord may increase the Rent for the property upon providing the tenant the greater of 30 days’ notice and any notice required by the ActI have yet to request a judgement on this claim. How long do I have to do this?I am concerned that I have not completed the correct form in my online court claim as I have made a claim for the amount of the deposit. I understand however that I can get 3 times the value of my deposit is this type of situation. Perhaps I should have completed an N1 form which is for a claim of a non-specified amount? Does it matter now?Thank you
Patrick
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** j will help you with this

What type of tenancy did you have please?

Customer: replied 4 months ago.
Have you referred to my initial which previously dealt with? If not please do so. The contract is a 12 month with a 6 month break clause it. Should I scan a copy of the whole contract over to you? See attached front page of the contract.
Regards ***** *****
Expert:  Ash replied 4 months ago.

I did thank you.

Defence filed - this means that the defendant has put a defence in

Bar in place - this means you can't enter judgment as there is a defence

DQ - this is directions questionnaire, this is to do with managing the claim and taking it forward. They are documents.

The landlord is NOT allowed to increase the rent no until the end of the term and even then there is a right of appeal to the rent tribunal.

Therefore the landlord can't not increase rent.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 4 months ago.
clause 15 that I quoted to can't be enforced then, please confirm.
So, if there is a bar in place then this has to go to the small claims court, please confirm?
You also have not answered some of the questions above. Can you please do this.
Regards ***** *****
Expert:  Ash replied 4 months ago.

I cant see clause 15, can you repeat it here?

Customer: replied 4 months ago.
It looks like t did not read my initial query then!? Can you please transfer this query to a different solicitor. I had this problem before when you did not answer the questions I asked.
I hope you understand.
Regards ***** *****
Expert:  Ash replied 4 months ago.

Sorry I thought it was on the photo for the agreement. I see it in the text now. Do you still want me to assist?

Expert:  Ash replied 4 months ago.

I have all the information I need to answer the remaining questions.

Customer: replied 4 months ago.
OK, if you have the information then please provide.
Thanks - Patrick
Expert:  Ash replied 4 months ago.

1. Clause 15 - no the Landlord can NOT do this. It is illegal.

He must not increase the rent during the term and in any event you have a right to appeal to a Tribunal. He can NOT exclude this.

If there is a bar in place then yes, it will go to a small claim

Once the DQ's are back a Judge will allocate the matter to small claim and give directions for trial.

Does that clarify Patrick? Alex

Customer: replied 4 months ago.
When you say "He can NOT exclude this"; this refers to?
Thank you - Patrick
Expert:  Ash replied 4 months ago.

Can't exclude the right to go to tribunal.

Does that clairfy? Alex

Expert:  Ash replied 4 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.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: replied 4 months ago.
When you say "Can't exclude the right to go to tribunal." You mean that when he communicates to me that he is making a rent increase he should advise there is a tribunal service available to contend this matter?The general manager of letting agent said the following.
"I have also taken advise from my solicitor - I can serve you a Section 21 giving you 2 months notice. Thus not to be ignored.
So as of now I have served you notice - meaning I want vacant possession of your room that you are not even living in on the 27th of September 2016. I have also responded to your court claim."As I understand it they are not allowed to evict me because I have a court claim against them. Please confirm. Can you advice what Section 21 is and if it has any relevance to this situation? Also, is it possible to view there response to my online claim they mention?
Thanks - Patrick
Expert:  Ash replied 4 months ago.

Yes he should have given you a right to appeal to the Tribunal.

They are not allowed a retaliation S.21 no.

I cant see whether you can see their reply, probably not - you need to wait until you get the paper one.

Can you please rate otherwise the site does not pay for me ANY time spent with you.

Thanks. Alex

Customer: replied 4 months ago.
Hi,
You still have not answered this question I asked above:
I am concerned that I have not completed the correct form in my online court claim as I have made a claim for the amount of the deposit. I understand however that I can get 3 times the value of my deposit is this type of situation. Perhaps I should have completed an N1 form which is for a claim of a non-specified amount? Does it matter now?
Regards ***** *****
Expert:  Ash replied 4 months ago.

There is only one online form you can complete at moneyclaim.gov.uk

That is form N1

You can get x3 the deposit. But if you did not do that you need to make an application to AMEND your claim if you want to claim x3 the deposit.

The cost of that is £100, unless you just want to reclaim your deposit. If that is all you want to do then you dont need to do anything.

Does that clarify Patrick? Alex

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