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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are under dispute with a tenant regarding her demands for

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We are under dispute with a tenant regarding her demands for repayment of two months rent in advance, which she constantly refers to as a deposit, but it was clearly noted on the tenancy agreement as two months rent. In addition we did not receive a written notice for departure and she paid her rent ( as normal )on the 12 February and left on the 12th March. Also the flat was left in a very poor state and we have requested a payment for all necessary repairs, which she says was due to lack of ventilation, however a full and detailed report demonstrates that it was down to her not opening windows, allowing air to circulate and drying clothes on radiators. She has now sent a letter of intent to claim her money back through the courts, can you advise on how we are to proceed?
Hello my name is ***** ***** I will help you with this.
How much does she owe you, if anything please?
Customer: replied 2 years ago.
HI ALex,
She paid her last rent on the 12fh of Feb in advance as normal and left 12 th March.
her argument is that the two months we received in advance was paid as security, which it was not and is detailed on the tenancy as two month rent in advance and feels that she should be paid this money back?
Also she did not give formal notice as is also required and documented
and also left the flat in a very poor state which we have now invoiced and requested she pays.
You don't need to worry if it was detailed in the tenancy agreement. You have 2 options:
!) Sue her for the damage and risk being counter sued for the deposit
2) Wait for her to sue you and then counter sue her for the damage
I would do the latter if you are prepared to write off the damage in the event there is no claim against you. But if it is detailed in the agreement that it is not a deposit as such, then you are not entitled to give it back.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Hi ,

thank you for your response, do i send a letter advising that we will not be paying and reiterate that it was not a deposit but two months rent in advance?, this said do we also mention that the rent in advance was not repayable due to the notice period not being given, she states that she advised verbally during various conversations that she was looking for alternative accommodation but because it was with the local authority she could not give an exact date for departure. Howe ever by the very fact that she paid her rent in full in February and left in March is an admission that the two months notice was not given?

Yes I would agree with you totally!
Can IU clarify anything else for you?
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