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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented a residential property from 2008 to 2010. I never

Resolved Question:

I rented a residential property from 2008 to 2010. I never got my deposit of £500 back. I have taken the following steps:
* contacted the agent who arranged the let; the agent provided evidence of my payment of the deposit and transfer of the funds to the landlord (screenshots by email)
* contacted the managing agent, who no longer acts for the landlord and advised me to contact the him direct
* written to the landlord, who signed for the letter, setting out the circumstances and naming a bank account for repayment - have had no reply.
I want to look at the best next options, up to and including making a claim. What would be my best steps to take?
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 : Was your deposit protected do you know?
Customer:

Hi Alex. The tenancy agreement said that it would be, but I never received any paperwork about protection, so I assume it was never lodged with a protection company.

Alex Watts : Do you still have the details of who the landlord was?
Customer:

Yes. The managing agent told me he had moved abroad and that he didn't hold any details, but when I wrote to the landlord at the address on the tenancy agreement, he signed for the letter in his own name.

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
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

That's great, thanks. What sort of evidence will I need to bring a claim?

Alex Watts : You just need to show you never had the money back - so a statement is enough to say so.
Alex Watts : Does that help?
Customer:

You mean a statement from me saying "I never had the money back?" And it's up to him to present contradictory evidence, if he can (which he can't)?

Customer:

What evidence do I need of having made the payment?

Customer:

I have screenshots emailed from the letting agent

Customer:

And I have the tenancy agreement

Customer:

(original)

Customer:

Screenshots of the payment received from me, and transferred to the landlord's account with them

Alex Watts : That is correct. You have the screenshots and the tenancy agreement.
Alex Watts : That is enough,
Alex Watts : Does that help?
Customer:

Yes, that's great, thanks Alex and have a nice evening.

Alex Watts : And you. Before you go can I ask you to rate my answer, the button should be at the bottom
Alex Watts : If you need more help please click reply
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