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Miles Bentley
Miles Bentley, Senior Solicitor
Category: Law
Satisfied Customers: 665
Experience:  BA (Hons), CPE, LPC
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Trying to mediate with landlord For breach of tenancy

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Trying to mediate with landlord For breach of tenancy deposit - landlord has now reduced his offer by nearly 1k as I’ve refused to sign away my legal right to claim for anything else at a later date, there is a potential breach of contract, harassment, breach of quiet enjoyment potential disrepair claim. will a judge hold that against me if I refuse to accept his offer as i don’t feel they have any right to request that seeing as they broke the law mutiple times
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Trying to at the moment, potential 2 breaches if successful 6,600 - I said I’d settle for 3,300 which he originally agreed but then added a clause that I hadn’t agreed to as has now revised offer to 2,529.87 if I don’t agree to their clause
Assistant: Have you talked to a lawyer about this?
Customer: I don’t have the funds so trying to do myself
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello,
I am sorry to learn of your situation.
I am a Qualified Solicitor with over 19 Years of experience in the UK.
How much was your Deposit?

Thanks.

Customer: replied 3 months ago.
1,100

Can you explain how you have calculated £6,600?

Customer: replied 3 months ago.
It was more of an yes or no response I was after - would a judge hold it against me if I refuse to accept their terms
Customer: replied 3 months ago.
I do not want a call as do not has the funds required for that

I did not offer you a call was the JustAnswer System.

Customer: replied 3 months ago.
Oh ok sorry

The law states "up to 3 times" the Deposit.. but you could be awarded as little as £1,100 and if your Landlord puts forward a reasonable Part 36 Offer, say of £2,500 and you only get £2200 award, you may win the case, but have not be the Landlords offer (by £300), So have to pay the Landlords Costs 21 days from the date of the offer, which could be several Thousand Pounds. So, unfortunately, it's not just a Yes or no Answer.

I take Landlords to Court routinely on Tenancy Deposit Claims, sadly, it's not far from straight forward, that is why I asked how you were calculating the amount. Can I assist you any further?

Customer: replied 3 months ago.
Ok thanks I am aware of that I just wanted to know would a judge potentially hold it against me if I wouldn’t agree due to unfair terms
Customer: replied 3 months ago.
Didn’t see that message! Ive calculated by 2 tenancies fixed term then periodic 3,300 on each breach - I’m not first tenant they didn’t protect deposit for previous tenant either.

OK, so they have form for this type of Breach.

If you do not agree with the Terms of Settlement do not sign them, if the Judge considers the terms to be Unfair, the Judge should not hold it against you subject to you presenting your case properly. I would push them as much as they can, if they are not taking you seriously, you could always get a "No Win, No Fee Solicitor" to help. Let the Solicitor do the hard work for around 25% of the compensation. But it's worth it as the Court action in this case is far from straight forward.

I trust that assists.

kindly leave a Positive Rating so JustAnswer can credit me for my time.

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Thanks.

Miles Bentley and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
It does answer my question, thank you - I may consider the no win no fee option - I’m finding it is a minefield but am getting there - thanks again

You are most Welcome and I wish you all the best.