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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2437
Experience:  Over 5 years in practice.
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A tenant I let a room to moved out early, found a replacement

Customer Question

A tenant I let a room to moved out early, found a replacement for herself but the replacement moved in a few days after the original tenants rent date. Consequent she owed £127 for the loss of rent I suffered.
However I forgot to register her deposit and she's now suing me for the following via her solicitor. I tried to negotiate towards the there months rent fine for forgetting to register a deposit but her lawyer isn't accepting a lower amount than the three months fine.
Her solicitors email is as follows:
thank you very much for your response. Our client’s claim in above matter is estimated at
(1) Compensation for damages/faults and associated health & safety issues in the sum of approximately £10,000;
(2) An order to complete repayment of the Deposit in the amount of 125.20;
(3) An order for payment of the sum of £2,285.01;
(4) Interest under s. 69 County Courts Act 1984 to be assessed.
Our client considers our settlement efforts as failed and does not agree with a final payment of GBP 1.200,00. We are instructed to file a claim against you at the nearest possible date.
----
What would you advise me to do? Pay the £2285 plus the £125.20 loss we suffered?
If so, in my reply email agreeing to her terms how would I construct the email to get confirmation that by paying the matter will be considered closed and settled, without admissions?
Submitted: 10 months ago.
Category: Property Law
Expert:  Remus2004 replied 10 months ago.
What type of agreement is this?
Customer: replied 10 months ago.
An assured shorthold tenancy agreement
Expert:  Remus2004 replied 10 months ago.
Does she let a room in your house?
Customer: replied 10 months ago.
She let a room in a property I rent out.
Expert:  Remus2004 replied 10 months ago.
Do you live there?
Customer: replied 10 months ago.
No I don't live there. It's a rental property.
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?Alex
Customer: replied 9 months ago.
Hello could you please advise me regarding the question above? Very many thanks.
Expert:  Ash replied 9 months ago.
Do you accept you didnt protect the deposit?
Customer: replied 9 months ago.
Yes I accept that it was a foolish oversight
Expert:  Ash replied 9 months ago.
I assume proceedings have been issued? Have you filed a defence?
Customer: replied 9 months ago.
We haven't received proceedings yet so it's in the negotiation phase.
Expert:  Ash replied 9 months ago.
You need to file a defence otherwise you would get Judgment in default against you. However in terms of damages for x3 the deposit, you are stuck with that. You did not register the deposit and should have done if they had an assured shorthold tenancy.I am not sure where the £10,000 or the £2285.01 comes from, is that particularised?

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