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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3840
Experience:  Solicitors 2 years plus PQE
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hi, there. we have a 12-month short insured tenancy agreement

Customer Question

hi, there. we have a 12-month short insured tenancy agreement which is 800 pounds pcm. we have lived for 3 months and 15 days by now. we received a letter from sheriff office to let us remove out of the flat by 4th November. i think the action is taken by the mortgage lender to the landlord. we immediately get in touch with the agency about the issue. they have tired to contact landlord but failed and they are managed to let us out by 5th of January. the agency has passed all the rental to the landlord. so the problem is how could we get the refund of the rental and will we get any compensation? thank you very much for helping!
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Alex J. :

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the Mortgage company claiming the rent from you? What period have over paid the rent for? Kind regards AJ

JACUSTOMER-inuc6ua1- : No, they are not claiming the rent from us. The rent is start from 9th July 2014 to 9th July 2015. We are not sure when will we find the new flat and move out, but we due to leave before 5th January of 2015. So the overpaid period is not sure now, is that depending on when will we leave?
Alex J. :

Hi, Thank you. DId you pay 12 months in advance?

JACUSTOMER-inuc6ua1- : Yes!
Alex J. :

Hi, Thank you. If you are being evicted you will have to sue the landlord in the county court for the monies paid in advance -

Alex J. :

You can start a money claim here.

Alex J. :

Is there a deposit at all? Kind regards AJ

JACUSTOMER-inuc6ua1- : Yes, the deposit is refunded by the agency. The deposit is under protection scheme so I have not approve the process.
Alex J. : Hi
Alex J. : thank you. Do you whether the landlord is any financial trouble, is that the reason why the bank is repossessing the property?
JACUSTOMER-inuc6ua1- : Actually I don't think so. We have had this problem before also being evicted but the landlord sorted the problem! Every time was because of he didn't pay the debt on time. This time, the agency could not get in touch with the landlord so that raise the problem. However, who knows the situation this time!
Alex J. :

Hi, Thank you. The issue is this, if you get kicked out, you can sue the landlord to recover the money owed, however if the landlord is in financial difficult there may not be any point in doing this. You have until January, so is it worth waiting to see whether the agent can get in contact with the Landlord?

JACUSTOMER-inuc6ua1- : Yes that's right. But I'm wondering will the Angelou still willing to try to contact the landlord, since they have refunded us! And do I need to accep the refund now?
JACUSTOMER-inuc6ua1- : Yes, that's right. But I'm wondering will the agency still willing to try to contact the landlord as they have refunded us. Do I need to accept the refund of deposit now? Is there any effect?
Alex J. :

Hi, Thank you. Is there a return hearing and any point for the possession order issued by the bank?