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Hello my name is ***** ***** I will help you with this.
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/n001-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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
so looks like that you also agree that they can't deduct the £2300 from my deposit paid into the TDS?
Does that help?
should i open a dispute with TDS before go to the court?
Yes you can do that. The deposit as you know will be protected.
But Court is likely to be quciker
they claim that i have breached the contract becaused i sublet the property. and the contract did mentioned that no subletting.
Ok, if it did not mention it then you could not have breached it
They can only rely on a term within the agreement
Does that clarify for you?
the AST has a condition that - you cannot sublet the property
Sorry I misunderstood what you said. If the sub tenant has damaged the property then they can claim against you and you can claim against the sub tenant.
the check out inventory report can prove that there's nothing been damaged. i want to know can they take £2300 from me based on what they said - "the letting fee' loss suffered by the landlord?
There is no loss
In any event that is not a loss because of the sublet.
Therefore no, they can NOT deduct it
The letting agent should be trying to claim this from you, not the Landlord
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