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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70298
Experience:  Over 5 years in practice
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I left my previous room when my contract ended, giving

Resolved Question:

I left my previous room when my contract ended, giving notice that I wouldn't update the contract, it was april, and I'm still waiting my deposit back. After many calls they don't reply to me. How can I get my deposit back?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Is this a rented room in a house shared with your landlord?

Customer: replied 1 year ago.
No, I rented the room via agency online and the landlord wasn't living in the house
Expert:  Jo C. replied 1 year ago.

OK. What was the contract that you were on?

Customer: replied 1 year ago.
It was a 6 months contract. Also I discovered to late that my deposit has never been protected
Expert:  Jo C. replied 1 year ago.

Was this a shared house?

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

Ok. Thanks

Did you have an AST?

Customer: replied 1 year ago.
I never heard about it
Expert:  Jo C. replied 1 year ago.

What type of contract do you think you are on?

Customer: replied 1 year ago.
Find attached the contract
Expert:  Jo C. replied 1 year ago.

Ok. Did you leave in April?

did you give notice of no less than one month?

Customer: replied 1 year ago.
I left the 21st of April but I gave the notice the 6th of March so more than a month
Expert:  Jo C. replied 1 year ago.

Then you are entitled to your deposit back unless there are arrears or damage.

Expert:  Jo C. replied 1 year ago.

If they do not provide it though then your only option is to sue.

This is not an AST so there is no immediate obligation to secure your deposit in a scheme but that doesn't mean they cannot just keep hold of it.

You can always sue at the small claims court but write to them first making threats of legal action. A letter before action will protect you from costs.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Ok, sorry if I seem stupid but I never had problems like this and is already long time that I'm trying to understand what to do. So where I can find this small claims court and how I can write to them?
Expert:  Jo C. replied 1 year ago.

www.moneyclaim.gov.uk

You do have the address of the landlord on the contract I think?

Customer: replied 1 year ago.
I've got the email of the agency, I never met the landlord. But on the contract there is the name of the landlord c/o the agency
Expert:  Jo C. replied 1 year ago.

Is there an address for either?

Customer: replied 1 year ago.
sorry I red email address.. yes there is an address
Expert:  Jo C. replied 1 year ago.

There should be as you need an address for exactly these purposes.

Customer: replied 1 year ago.
now I can do a money claim online and then I just need to follow the instructions given?
Expert:  Jo C. replied 1 year ago.

No, you need to write to them first.

Customer: replied 1 year ago.
I need to write to the landlord?
Expert:  Jo C. replied 1 year ago.

Yes, you can send it to the agents.

I would send it to both.

Customer: replied 1 year ago.
Ok, after I wrote them and nothing change? Because I spoke to them many times already and the agency keep telling me is not their concerns because the deposit has been taken from another private agency which advertise the room online and took the holding deposit.
Expert:  Jo C. replied 1 year ago.

Then you issue against them at the small claims court.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Ok all clear now. Thanks for your help and time.
Igor

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