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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
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: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

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

Customer: replied 7 months ago.
No, I rented the room via agency online and the landlord wasn't living in the house
Expert:  Jo C. replied 7 months ago.

OK. What was the contract that you were on?

Customer: replied 7 months ago.
It was a 6 months contract. Also I discovered to late that my deposit has never been protected
Expert:  Jo C. replied 7 months ago.

Was this a shared house?

Customer: replied 7 months ago.
Expert:  Jo C. replied 7 months ago.

Ok. Thanks

Did you have an AST?

Customer: replied 7 months ago.
I never heard about it
Expert:  Jo C. replied 7 months ago.

What type of contract do you think you are on?

Customer: replied 7 months ago.
Find attached the contract
Expert:  Jo C. replied 7 months ago.

Ok. Did you leave in April?

did you give notice of no less than one month?

Customer: replied 7 months 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 7 months ago.

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

Expert:  Jo C. replied 7 months 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 7 months 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 7 months ago.

www.moneyclaim.gov.uk

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

Customer: replied 7 months 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 7 months ago.

Is there an address for either?

Customer: replied 7 months ago.
sorry I red email address.. yes there is an address
Expert:  Jo C. replied 7 months ago.

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

Customer: replied 7 months ago.
now I can do a money claim online and then I just need to follow the instructions given?
Expert:  Jo C. replied 7 months ago.

No, you need to write to them first.

Customer: replied 7 months ago.
I need to write to the landlord?
Expert:  Jo C. replied 7 months ago.

Yes, you can send it to the agents.

I would send it to both.

Customer: replied 7 months 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 7 months ago.

Then you issue against them at the small claims court.

Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Ok all clear now. Thanks for your help and time.
Igor

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