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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Company let - damage deposit dispute

Customer Question

We are the tenant on a residential tenancy, as a company, between 20 Sep 2010 and 19 Sep 2015.  The landlord is withholding a damage deposit and in fact requesting that we pay her extra funds above and beyond the damage deposit she already has. Her claims are so ludicrous that I expect we will have to make a small claim in court.  I have read that she will not be expected to pay our legal costs.  Is this true?

Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
On a small claims yes you can't recover legal costs unless a court orders that a party has acted unreasonably. This is rare.
But usually small claims legal costs can't be recovered.
Can I clarify anything for you about this today please?
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you.

Does a company let become periodic the same as an AST would? She never signed and returned the new tenancy agreement in September 2014 so we assumed the tenancy agreement, which would have ended in September 2014, simple rolled over.

Also, she never supplied a signed inventory and schedule of condition - does this significantly undermine any claims she has regarding replacing furniture etc? We, as the tenant, had an inventory professionally compiled prior to the start of the let in September 2010. We did provide her with a copy.

Expert:  Ash replied 1 year ago.
No a. I company let wouldn't. Only an AST becomes periodic. You become a tenant at will and can be terminated.
Customer: replied 1 year ago.

Oh dear. Does that leave us at a disadvantage in the small claims court?

Expert:  Ash replied 1 year ago.
Sadly yes.
Customer: replied 1 year ago.


Can you please explain why you think we will be at a disadvantage in the county court if we make a claim for our deposit.

Expert:  Ash replied 1 year ago.
Claim for deposit no. But to stay yes.
Does that clarify?
Customer: replied 1 year ago.

We have already left so no problem there. It is getting the damage deposit money back that is onerous.

Thank you.

Expert:  Ash replied 1 year ago.
Yes no problem there!

Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


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