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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently moved out of a rented property and

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Hello,I have recently moved out of a rented property and am now having some trouble getting the deposit back from my previous Landlord.There were stains on the carpet, which the landlord verbally acknowledged and said he would note upon us moving in, even taking photos. We considered this no major problem until now.Now the landlord is refusing to give us our deposit back fully, having deducted money for a new carpet. Upon us leaving the landlord also gave his verbal consent that the room was fine and he was happy with it. He did not inform us of any problems, just sent us the reduced amount of money 3 weeks after us leaving, having had no contact in the meantime to tell us there were any issues.Do I have any chance of pursuing a legal battle with this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Was your deposit protected please?
Customer: replied 1 year ago.
Hello,No the deposit was paid in cash to the landlord. The property was a houseshare and more often than not the deposit given was the deposit being hand back to the previous tenant.
Expert:  Ash replied 1 year ago.
Did you rent the whole property or just a room?
When did you move in and how long was it for?
Customer: replied 1 year ago.
Just one room. My partner moved into the room 3.5 years before we moved out, and I joined him a year into that. It was upon my partners moving in that the conversation about the carpet occurred, I did not even meet the landlord before moving in.
Expert:  Ash replied 1 year ago.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
The difficulty in this is that he has since moved to America, would this make any difference?
Expert:  Ash replied 1 year ago.
Ah yes, if you get Judgment you wont be able to enforce it, unless he still owns the house.
Then you can just get a charge on the property. Otherwise sadly you are stuck
Alex
Customer: replied 1 year ago.
He still owns the house I believe, and a business in the uk. But would I have a leg to stand on in court bearing in mind its only mine and my partners word against his?
Expert:  Ash replied 1 year ago.
Yes you would. He has to prove you damaged things beyond fair wear and tear.
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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