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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 818
Experience:  Solicitor with over 15 years experience.
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We moving back in April. 1. We paid an extra month rent £2950

Customer Question

We moving back in April. 1. We paid an extra month rent £2950 which was on auto payment to the Landlord. This has been confirmed by Errington Smith the letting agent and by our bank account of the payment schedule. How do we get the Landlord to give us back the money. He had been informed 3 times now by Errington Smith. He has refused to give it back.

2. We are also in a dispute over the deposit. Surprise Surprise. The items being disputed are drapes that he in writing to Errington Smith said was fine to remove and that he would remove them prior to us moving in. He had his fix it guy remove them partly prior to our moving in. After several weeks and requests we paid to have them removed. We did not and are not asking for money to get this amount back for removal. THe landlord is now asking for us to pay the amount that he paid in full when they were new back in the 90's. Its funny that the amount he wants to withhold for the drapes is equivalent to the rental deposit. We have asked for receipts and have it documented where he needed 10 days to respond to qualify and justify the amount. That 10 days lapses several weeks ago. he now needs 10 days to get a new quote to justify the amount for new curtains.

As you can imagine this Landlord has been horrific. When we moved in we had no gas as it did not pass inspection the day before. The Landlords maintenance man illegally turned on the gas with out making the correct fixes to pass inspection. We live there for 12 months. almost 10 of the months with no hot water in 3 showers. The list goes on and on....

Can you please give us some legal advise. The months rent and deposit are substantial amounts to us.
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Is you deposit in a guarantee scheme?

JACUSTOMER-sb1jp4yy- :

Yes it is called - My Deposit

LondonlawyerJ :

As far as the deposit is concerned you will probably be dealing with this already through the My Deposit scheme and from what you say it seems likely that you will prevail.

LondonlawyerJ :

As far as the over payment is concerned this is your money that you are entitled to have returned. You should write to them explaining what has happened and demanding your money back. You should tell them that you want the money back in full within a set period (eg 14 days). Warn them that you will start proceedings in the small claims court for recovery of this money if he does not return it to you within the period. You could tell him that you regard his actions in holding onto your money as theft and that if he does not return your money you may have to inform the police of the theft.

LondonlawyerJ :

If you follow this link you will see the government site about making a small claim which is very cleat and he