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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Tenants dispute part 8. Agent unregistered deposit and

Resolved Question:

Tenants dispute part 8. Agent unregistered deposit and reregistered it - leaving the name of one of the tenants off, after tenancy was finished, while they raised a dispute against the tenant. Two weeks later they raised the claim on the original registration so now we have two identical accounts with the TDS Can we win a claim against them under part 8 for reregistering incorrectly
Submitted: 24 days ago.
Category: Law
Expert:  Jamie-Law replied 24 days ago.

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

Are you tenant or Landlord? The deposit wasnt protected?

Customer: replied 24 days ago.
Hi
I am the tenant. In July 2015 the deposit was protected with the TDS in mine and my husbands names. In July 2017 we were served Section 21 to leave in Sept 2017. Asked for deposit back in September - heard nothing until October when agent said they were keeping our full deposit £3158. Then changed their minds to return £201.08 and keep £2956.92. Really spurious claims against us so I sent them a "Letter before Action" on 1 November (which included a counter claim for harassment and obstruction). On 3 November, the agent unregistered our deposit (TDS tenant ref: M45tXq5) and re-registered it in my husbands name only (TDS tenant ref: 8yM3xJ). On the same day they raised a dispute with TDS for £2956.92 - ignoring my Letter before Action. I gave until 15 November for a response to the letter - I had none. On 16 November the TDS received in our deposit and the dispute is being raised against the original deposit registration (M45tXq5) You can view these registrations in the link https://www.tenancydepositscheme.com/is-my-deposit-protected.html
Expert:  Jamie-Law replied 24 days ago.

You cant claim for x3 the deposit as it was protected, even if not in both names.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. Thanks!

Customer: replied 24 days ago.
Thank you for clearing that up. Yes - I will give a five star rating.
Expert:  Jamie-Law replied 24 days ago.

Thanks in advance! All the best.

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