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Jenny
Jenny, Solicitor
Category: Property Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Last year i began a job managing a public house ltd

Customer Question

Hi, last year i began a job managing a public house for a ltd company, as part of the job i was required to "live in" i took residence in the flat above the pub.
after moving in the business owners decided to take a deposit of £500 from my pay, i am now having difficulties getting this deposit returned.
as there was no rent being paid and no offical tenancy agrement what should i do ?
Submitted: 10 months ago.
Category: Property Law
Expert:  Jenny replied 10 months ago.
Hello my name is ***** ***** I am happy to help you today. Was there anything in your contract of employment about this deposit? How long did you work for the employer for?
Customer: replied 10 months ago.
hello, no nothing in any contract about a deposit, i had been previously employed by the company in both full time and part time capacity for 5years +
Expert:  Jenny replied 10 months ago.
have you now left the employment completely?
Customer: replied 10 months ago.
yes completely
Expert:  Jenny replied 10 months ago.
Did they tell you that this was a refundable damage deposit when they took it and have you asked for the money back? When did your employment end?
Customer: replied 10 months ago.
my employment ended in september last year, the deposit was considered against the overall condition of the flat but no specifications were made, yes ive asked for the money back but been told there were issues so not being repayed
Expert:  Jenny replied 10 months ago.
Ok have they specified the issues and the cost they have attributed? Were you required to sign an inventory when you started living in the accommodation?
Customer: replied 10 months ago.
yes they say there were pest issues and decoration costs, no inventory was involved
Expert:  Jenny replied 10 months ago.
Do you agree that there were issues?
Customer: replied 10 months ago.
there may have been pest issues but they havent provided any proof, however i do not agree with the others as upon our own costs we brought the standard of decoration above how it was when we moved in, their main decoration issues is that we took down some blinds with their consent and they claim they had to pay to have them put back up.
Expert:  Jenny replied 10 months ago.
Hello this is a breach of contract issue, if there was no written details of the circumstances in which the damage deposit could be withheld and they have no proof of expenses then you can claim the money back. You should send a letter before action in which you should ask for a refund or proof of expenditure within 7 days or you will raise a claim. You can then raise a claim at www.moneyclaim.gov.uk. They are probably hoping you will drop this! Is there anything further you would like to know?
Customer: replied 10 months ago.
thats briliant thank you xxxx
Expert:  Jenny replied 10 months ago.
No problem, please remember to rate my answer before leaving the site as I am not otherwise credited for the time i have spent on your question. Thank you and all the best

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