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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I moved out of rented property after 3 weeks as the

Resolved Question:

Hello,
I moved out of rented property after 3 weeks as the property was not up to the standard advertised. The landlord insists that he will only refund my deposit less costs incurred by letting the place and putting the money with the deposit scheme. Can he do this? Thanks.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
hello my name is ***** ***** I will help you.Does the agreement permit the landlord to do this please?Alex
Customer: replied 1 year ago.
No it doesn't. Thanks.
Expert:  Ash replied 1 year ago.
Why did you leave?Alex
Customer: replied 1 year ago.
The roof of my toilet caved and fell in breaking the toilet seat - I found that particularly traumatising. Also, there were facilities in the property that were not up to the advertised standard. But summary is that I didn't feel safe to continue living in the property.
Expert:  Ash replied 1 year ago.
Was the deposit protected please?Did you inspect the property before you moved in?Alex
Customer: replied 1 year ago.
The deposit is protected, yes. The property is supposedly newly refurbished so there was an assumption that everything was in great condition. I did inspect the property before moving in but the roof caving in is not something that one would discern from mere inspection. Thanks.
Customer: replied 1 year ago.
The other issues with the facilities mentioned cropped up one after the other. It's all down to the shoddiness of the work carried out on the site generally.
Expert:  Ash replied 1 year ago.
Then no, the Landlord can't deduct for this.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?
Customer: replied 1 year ago.
Thanks a lot Alex. You have been of excellent help. The matter has been resolved and I have been refunded the deposit. Thanks again.
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.
Expert:  Ash replied 1 year ago.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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