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propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I own an apt in Liverpool and live overseas. The apt was

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I own an apt in Liverpool and live overseas. The apt was managed by a property manager.
My tenant moved out in April and his deposit was not returned to him by the manager with no reason given. He is demanding that I refund him his deposit, although I never received same. The manager has not responded to his or my queries by email and have not responded to telephone messages. On Friday I emailed them termination notice and indicated that keys to the property are to be returned to my representative, but they remain incommunicado. In 2013 after not receiving rental, I was informed by the property manager that the account had been defrauded by an employee and that my account would be reimbursed that that did not happen. I intend to take legal action. please guide me through the process.


I hope I can help.

I will need further details.

What do you want to take legal action in respect of exactly?

What is your loss, the rent income? For what period did you not receive rent?

If you can provide more details I will try to help.

Customer: replied 1 year ago.
Losses of 8 months rental income in 2013, approx. GBP 48
Customer: replied 1 year ago.
lost GBP 4800 approx.. plus had to fly over there from Trinidad to inspect property as they were not responding, had to bear costs of flight, hotel and loss of income. Present scenario is similar in that they are not responding and I am not receiving rental income.

You have 6 years within which to bring a claim for breach of contract so you can claim the 4800 loss from 2013.

You can of course claim recent losses.

You do this via the small claims court. It is fairly simple, you do it online at

You can try to claim your incidental expenses of flights, hotel and loss of income but this may be too remote to recover. The court will determine whether you can recover those incidental losses.

Customer: replied 1 year ago.
Thanks. They have remained incomunicado so I do not know the present status of the flat. I authorised a friend in liverpool to obtain the keys to the flat on my behalf but how should I proceed should they refuse or prove uncontactable?

I think you need to formally write and send the letter by recorded delivery, with a copy by email.

You may want to consider giving notice in this letter to terminate the agreement (you will need to check the agreement for the conditions relating to notice), state that keys are to be handed over to you nominated person on a particular date (end of notice period and if they fail to do so you will change locks and seek to recover costs from them), make arrangement for any tenant deposit to be transferred and to be notified of the tenancy deposit scheme details in which the deposit is registered.

In a formal letter you should set out the rent which is due, give 21 days for payment and state failure to pay will result in you making a claim in the small claims court, not only for unpaid rent but incidental costs and expenses incurred from flights, hotel etc when you had to return to resolve problems with them, plus interest at the court rate of 8% on the unpaid rent plus fee to change locks plus the court fee. It could get expensive for them if they refuse to discuss and communicate.

You cannot make them communicate with you but if they fail to do so you can go to court to recover sums due.

You mentioned you had email correspondence where the agent alleged employee fraud. You could refer that to the police for investigation and mention in your letter if you do/will do so.

Any further questions or queries? Happy to help further.

Please can I ask you to accept /positive rate my assistance so that I can get credit for helping you.

Customer: replied 1 year ago.
Thanks very much. I have reviewed my record and unpaid rent dates as far back as 2012. I have calculated GBP 9,490 as the amount owed to me. Is this sum still under the remit of the small claims court?
Also I do not have a copy of the agreeement in 2009 when I hired the property manager so in my letter to them I have stated 'termination of services with immediate effect' for breach of contract in view of their failure to communicate since May and to bring my account up to date since our meeting in 2015. Finally, is the tenant entitled to sue me as he threatened for a deposit which I did not receive? Thanks.

You can still claim under money claim online.

The tenant should sue the agent for the deposit. If the tenant sues you you will bring the agent into the proceedings via counterclaim.

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