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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 9006
Experience:  Solicitor
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We would like advice on private renting. We are in dispute

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Hi, we would like advice on private renting. We are in dispute with our previous landlord regarding our deposit back. From our understanding our deposit should have been put into a deposit scheme up to 30 days of us moving in. We moved in the property in April 2018 and found out the deposit was paid into a scheme around the 23rd August 2018 when we questioned it. Our landlord as signed and dated our inventory stating the repairs that needed doing which was to replace 2 house bricks. He as sent us a letter with 2 invoices of work done . £250.00 to make good all walls and re paint in living room / staircase/ and 2 bedrooms, when we theses have been signed off on inventory . And also an estimate for £450.00 to replace the bricks which is now in total 12 bricks. He as sent us a cheque for £50.00 the remainder of our deposit as he’s put. Total deposit paid was £750.00. Do we need to go through the deposit scheme to dispute the deposit back? If so that’s fine but what about then deposit not been put into a deposit scheme within 30 days of us moving in? They have only put it into a deposit scheme because we questioned it when we rung for our deposit code for it realising at the end of our tenancy? We were told the date of the money going into the scheme by the company , my deposit scheme them selfs. Hope you can help us with this if possible.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have been in touch with a number of solicitors but no one as replied to us which is very annoying. We have pictures on phones and all text messages saved regarding this issue.
Assistant: Where is the house located?
Customer: Castleford , West Yorkshire.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: We just want to know if we have a case or not? And also if you connect me am I under any obligation straight away to pay?

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Yes, it is within 30 days and you should get it back within 10 days or notified of any deductions.

You need to write and set out your losses and request a refund within 14 days from the date the letter was sent in the post, 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 refund 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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.

You could actually claim for x3 the deposit plus the return was it was not protected within the required time.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you for your advice, this as really help.