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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi, i want to ask a question about deposit refund. i signed

Resolved 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 : When did you sign it please?
Customer:

august 2014

Customer:

why are you appear offline? r u still there?

Customer:

this is very urgent

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?

Customer:

yes thanks

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