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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Due to a communication error despite communications with the

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Due to a communication error despite communications with the agent and being confirmed that the rent would have been protected still it was missed. Later agent agreed the error from their side and registered it. Since then the tenant and landlord have come to agreement that there would be no claim happening from the tenant and he is happy with late registration. The tenant had breached numerous items of the tenancy agreement and some of the items have been compromised. He has signed the following document with agent as witness:
Please do you have any comments on this?
1- Is it enough to protect them making any claims?
2- Is there any other document we need to sign?
3- Does it need to be witnessed in a public notary office?
RELEASE
THIS RELEASE (the “Release”) is made and entered into on the —- day of xx, xx by and between xx, with address xx (the “Releasor”). and xx Estate Agents, with address of xx and Mr , xx landlord (the “Releasee”).
The Releasor and Releasee herein agree, bind and obligate themselves as follows:
CONSIDERATION
1. The Releasor, for and in consideration of the registration of the deposit of 2,500.00 and up to three times of this amount per TDS registration / Deposit protection by the Housing Act 2004 for xx registration with the TDS independent Tenancy Scheme by the Estate Agent as per certificate xx, registered by the xx Agent and showed to me (the “Consideration”), receipt of which Consideration is hereby acknowledged, does hereby release and forever discharge the Releasee and the Releasee’s spouse, heirs, executors, personal representatives, legal representatives, successors and assigns, of and from any and all manner of action and actions, cause and causes of action, suits, debts, sums of money, accounts, bonds, contracts, claims and demands for or by reason of any damage, general damages, special damages, costs, claims and demands of every nature and kind at law, or in equity, or under any statute, that the Releasor has, can, shall or may have by reason of any matter, cause or thing whatsoever existing up to the present time and in any way sustained as a consequence of the Dispute in future.
DETAILS OF DISPUTE
2. The claim or dispute (the “Dispute”) arose as a result of: The registration of deposit of xx with xx on June 2016. The deposit was always available to all parties since the beginning of the AST.
FULL AND FINAL SETTLEMENT
3. The Releasor states that the terms of this settlement are fully understood and that the Consideration is the full consideration of this Release; and that the Consideration is accepted voluntarily by the Releasor for the purpose of making a full and final satisfaction, compromise, adjustment and settlement or any claim arising from the facts of the Dispute as alleged and as against the Releasee. It is further declared that the Releasor has carefully read this Release, and the terms of which are contractual, and not a mere recital, and that the Releasor is aware of and does understand the contents of this Release and that the Releasor is executing the same as a free act.
CONCURRENT RELEASE
4. The Releasor acknowledges that this Release is given with the express intention of effecting the extinguishment of certain obligations owed to the Releasor by the Releasee, and with the intention of concurrently also binding the Releasor’s spouse, heirs, executors, personal representatives, legal representatives, successors and assigns, of and from any and all manner of action and actions, cause and causes of action, suits, debts, sums of money, accounts, bonds, contracts, claims and demands for or by reason of any damage, general damages, special damages, costs, claims and demands of every nature and kind at law, or in equity, or under any statute, that the Releasor have, can, shall or may have by reason of any matter, cause or thing whatsoever existing up to the present time and in any way sustained as a consequence of the Dispute.
NO ADMISSION OF LIABILITY
5. It is understood and agreed by the Releasor that this Release represents the compromise of a doubtful and disputed claim(s), and that the agreement of the Consideration is not to be construed as any admission of liability by the Releasee to the Releasor and that, indeed, such liability is expressly denied.
GOVERNING LAW
6. This Release shall be governed by the laws of England.
IN WITNESS WHEREOF the parties have duly signed this Release at london, England, on the ________________ day of xx, xx.
Tenant
xx
Sign
Agent
xxx
Landlord
xx
Sign
Thank you
Khan
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to be able to achieve plese?

Customer: replied 3 months ago.
Hi Jamie
Thank you for your email. The aim is that the person not be able to make a successful claim against the landlord ie if went to the court the judge does not accept his claim?
1- What should I do?
2- Is it enough to protect them making any claims?
3- Is there any other document we need to sign?
4- Does it need to be witnessed in a public notary office?
Thank you
Regards
Expert:  Jamie-Law replied 3 months ago.

1) If it was not protected then it makes no difference what excuse you had, it is a breach of the law.

All you can do is return the deposit to prevent any claim.

2) You can protect now, but it does not stop any claim

3) There is no other document you need to get signed

4) No, it does not need a notary

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
If I return the deposit , is it "guaranteed" that there would be no claim?
Why EVEN after dropping the rights still you can do the opposite in this country?
Expert:  Jamie-Law replied 3 months ago.

There is no guarantee no.

I cant help you with the second part of your question, it is the Government that pass the laws.

Can I clarify anything else for you?

Customer: replied 3 months ago.
1-Overall, is there ANY thing that I can do at all?
2- What is the role of the agent who has practically been the main culprit this all happen?
Expert:  Jamie-Law replied 3 months ago.

There is nothing you can do at this stage. If you had paid the agent to do this you may have a claim for negligence.

But sadly there your options are limited at the moment.

Can I clairfy anything else for you?

Customer: replied 3 months ago.
1- WHAT ARE THE CHANCES TO WIN THE NEGLIGENCE AGAINST THE AGENT?
2-How much on average it costs me to challenge the agent?
3-What are the criteria for judge to choose between 1 to 3 times of the deposit? one time or two or 3 times?
4-For future is there any type of insurance for unexpected matters like this that one could buy insurance cover both financially to cover it and legally to challenge it (I mean separate insurance products for each)?
5-In your personal experience (only if you have been dealing with these type of cases over at least last 2 years,) how many tenants really do challenge the landlord? At the end of the day some tenants numerously breach the tenancy agreements and need landlord reference.
Expert:  Jamie-Law replied 3 months ago.

1. It depends what your contract with the agent says. It you instructed them to do it then you case is fantastic.

2. Around 10% of any claim value.

3. There is no criteria, it will be x3 deposit, that is the law.

4. Yes you may be able to get insurance and would need to speak to a broker

5. Yes many tenants do take landlord to court.

Does that clarify?

Customer: replied 3 months ago.
Do you have published data what percentage out of eligibles take the landlord to the court? Please give me the reference?
Similarly what percentage are successful if there is validated published data.
Expert:  Jamie-Law replied 3 months ago.

No. 99% of cases are not reported and lawyers don't have access.

Does that clairfy?

Expert:  Jamie-Law replied 3 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.

Customer: replied 3 months ago.
Hi I have reflected on the suggesttions and have made the following amendmement to show that landlord has practically compensated for the TDS by releasing the following costs: Does it make it now agrreble that the tenant practically has received these benefits which otherwise should have paid for:
DETAILS OF DISPUTE
2. The claim or dispute (the "Dispute") arose as a result of: The registration of deposit of £2,160.00 with TDS on September 2015 for the Flat 21, XX rented from 11/11/2016. The deposit is kept in the custody of the Estate Agent and registered with TDS. The deposit was always available to all bodies and authorities. The landlord has allowed the rent not paid on 11/09/2016 be paid fully but in new arrangement regarding the dates of payment but with the same amount.
1- This breach of AST would have entailed in section 8 due to unpaid rent which would have cost the tenant cost of removal and setting up a new tenancy agreement with another landlord with the price of £2150.
2- In addition, other person illegally leaving at the property which would be added to the extra rent of £550 per month was released by the landlord which equates to the amount of £3,300 from 12/05/2016 to 12/11/2016. There is no change to “any” other part of AST.
3- Also the tenant asked for a new tenancy agreement with rent be payable to an intermediate agent rather than the landlord which costs £900 per year. Although it was the costs originally on the tenant who was breaching the original AST and demanded a new AST, the landlord paid the above costs on behalf of the tenant. The above unpaid trespasser’s rent would be due if the tenant breaches this agreement at any time for any reason.
Expert:  Jamie-Law replied 3 months ago.

Yes that seems fine.

Please can I ask you to rate my answer, otherwise the site does not pay me and I do not get any credit whatsoever for all the time spent with you.

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1707
Experience: Solicitor
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