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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hi, i want to ask a question about deposit refund. i signed

Customer Question

hi, i want to ask a question about deposit refund.
i signed a AST for 1 year, it's a big house, i then took some lodgers in, however, i did asked for landlord's permission before i did that. i went to his house and got a verbal consent from him, which caused me the problem now.
He now denied that he has given me the consent to take lodgers in, and ask me to leave. so we both have agreed to end the contract early on the 26th oct 2014. i have email to confirm this.
However, the estate agent now ask to deduct £2300 from my deposit saying this is the landlord's loss for the agent 's fee paid. is this correct?
i dont want to pay this amount because the agent's fee is based on the pro rata basis, if the tenant leaves earlier, the agent's fee should be charged based on the day of stay.
also, because me and the landlord have agreed to end this contract earlier, so i dont think they can make such a deduction.
pls help. thanks
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

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?

JACUSTOMER-vlwce19j- :

so looks like that you also agree that they can't deduct the £2300 from my deposit paid into the TDS?

Alex Watts :

Indeed.

Alex Watts :

Does that help?

JACUSTOMER-vlwce19j- :

should i open a dispute with TDS before go to the court?

Alex Watts :

Yes you can do that. The deposit as you know will be protected.

Alex Watts :

But Court is likely to be quciker

Alex Watts :

Does that help?

JACUSTOMER-vlwce19j- :

they claim that i have breached the contract becaused i sublet the property. and the contract did mentioned that no subletting.

Alex Watts :

Ok, if it did not mention it then you could not have breached it

Alex Watts :

They can only rely on a term within the agreement

Alex Watts :

Does that clarify for you?

JACUSTOMER-vlwce19j- :

the AST has a condition that - you cannot sublet the property

Alex Watts :

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.

JACUSTOMER-vlwce19j- :

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?

Alex Watts :

No.

Alex Watts :

There is no loss

Alex Watts :

In any event that is not a loss because of the sublet.

Alex Watts :

Therefore no, they can NOT deduct it

Alex Watts :

The letting agent should be trying to claim this from you, not the Landlord

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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