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Ash
Ash, Solicitor
Category: Property Law
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Experience:  Solicitor with 5+ years experience
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I am leaving my assured short-hold tenancy and doing the checkout

Resolved Question:

I am leaving my assured short-hold tenancy and doing the checkout with my landlord next week.
As the person is a little bit 'aggressive' and somehow dishonest I know there will be an argument regarding the checkout and therefore the deposit.
He also intend to make me pay the different contract renewals which he will deduce from my deposit (which is fair as it is written in the tenancy agreement but I don't intend to pay)…
I intend to claim my full deposit back (and therefore not to pay the contract renewal) using the the following legislation:
'If you are an assured short-hold tenant, you can claim compensation if your landlord:
- fails to protect your deposit in a government-backed scheme
- doesn't give you the required information about the scheme being used
- takes too long to protect your deposit or give you the required information.
Your landlord has 30 days from the date you paid your deposit to comply with the tenancy deposit rules.'
I don't want to go to court but IF I need to I WILL.
MY QUESTIONS:
1) How can I prove (legally speaking) he failed to comply with those points?
2) Can my strategy/approach work?
3) He also 'forgot' to do a check-in when I started the tenancy, will it conflict with my plans?
4) Any tips/advices on how I should proceed?
Thanks a lot for your time!
Submitted: 12 months ago.
Category: Property Law
Expert:  Ash replied 12 months ago.
Hello my name is ***** ***** I will help you with this.Was the deposit protected please?
Customer: replied 12 months ago.
No that's the whole point!
Expert:  Ash replied 12 months ago.
Ok, in that case the Landlord can't give you ANY notice to quit, but I assume you are leaving anyway because you want to.You can sue the Landlord for x3 the deposit. They should protect it within 14 days.I would wait until you have checked out. Then I would consider issuing proceedings.You need to write and set out your losses and request x3 compensation 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 compensate 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 12 months ago.
Hi Alex W,Thanks for the quick response.
Should I ask straight for the x3 compensation rather than the full deposit and then increase if it goes wrong?
Also I am not sure to understand 'set out your losses' sorry.... i am not an expert....
Expert:  Ash replied 12 months ago.
I would ask for the x3 deposit PLUS return of your deposit.The court can order that - these are your losses.Does that help?Alex
Customer: replied 12 months ago.
It helps
last point before i proceed to the rating, how do i prove my landlord did not protect the deposit (I know he didn't as he failed to give me the required information about the scheme) but I can legally state such thing?
Customer: replied 12 months ago.
*but how can I legally state such thing
Expert:  Ash replied 12 months ago.
The Landlord is required to provide you with 'prescribed information' which includes the deposit details within 14 days.In any event when you file a claim he would be required to show he DID protect it.Does that clarify?Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 12 months ago.
Ok I see.
Thanks a lot, have a nice we
Expert:  Ash replied 12 months ago.
Good luck!Alex

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