How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 782
Experience:  Experienced solicitor
76316425
Type Your Property Law Question Here...
LondonlawyerJ is online now

Can a letting agent take away my deposit for damages that were

Resolved Question:

Can a letting agent take away my deposit for damages that were incurred 4 years before I moved into a property? Here is their position:
"This is not the start of a new tenancy, this is a change of tenant in an existing tenancy, and you take over the liability of the previous tenant, which includes the responsibility of the property being handed back at the end of the tenancy in the same condition as at the start of the tenancy, with obviously an allowance for fair wear and tear. No clauses can be inserted other than noting the change of tenant in the paperwork.
Because there has been several change of tenants since the agreement started, the Inventory and check in report from 28th May 2010 will be the document which is referred to by the check out clerk at the end of the tenancy"
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Can you tell me a little more about the circumstances of you coming to live at the property. Did you sign anything? Who did you pay the deposit money to?

Customer:

I replaced an outgoing tenant who wasn't on the lease. Her bond money was already registered with the letting agency

Customer:

I paid the outgoing her bond tenant directly (the letting agent asked for bank stateemnt screenshots to confirm this happened). I havent signed the lease agreement yet

LondonlawyerJ :

So did you pay a deposit to the landlod or did you give money to the tenant to cover the money she ha dpaid?

LondonlawyerJ :

When did you move in?

Customer:

I paid the deposit to the tenant to cover the money she had paid. The letting agent verified this.

LondonlawyerJ :

Also is this a sole tenancy or are other people living there?

Customer:

There are other people there (I think 3 in total are on the lease)

LondonlawyerJ :

I think that they are probably right as you have taken over a room (?) in a shared house from an existing tenant and agreed to take on her obligations under the tenancy. Your rights will lie against the former tenant. Is the deposit in a guarantee scheme.

Customer:

Yes its in a scheme

LondonlawyerJ :

OK you may need to contact the scheme, probably with the former tenant to tell them this is your deposit now and see if they are willing to do that. Do you accept the damage that they allege?

Customer:

That havent alleged any damage yet, I was pre-empting for when they do at the end of the tenancy. Essentially the agent can charge me with damages that occurred in the 4 year period from the start of the tenancy until the date I moved in so I'm pretty powerless

LondonlawyerJ :

Yes , iff the situation is that you have taken over part of a joint tenancy. If there was damage before you moved in then you will need to sort this with the previous tenant.

LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 782
Experience: Experienced solicitor
LondonlawyerJ and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.