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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18618
Experience:  Solicitor
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I am a rental tenant and have recently learnt my landlord of

Customer Question

Hi I am a rental tenant and have recently learnt my landlord of 3 years did not my deposit in the goverment protection scheme , he has refused to provide this information however he has now returned my deposit in full
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have contact the following companies
JA: Where is the property located?
Customer: TDS , My Deposit and DPS and they have confirmed in writing my deposit was not protected - he also served 2 month notice on the 18th july with section 21 notice - notice was given via email , My current tenancy expired in Sept 2019 and not renewed , he served notice when I request he carried out his commitment on maintaining the property
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the gas certificate expired in april 20 and only done in July - he insist this is my responsibity to arrange as a tenant to arrange inspection , no electic cert has ever been issued during my 3 years at the property.
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 15 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 15 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 15 days ago.

You need to write a letter, set out your losses and request compensation of x3 the deposit within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can do this by completing form N208: https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8 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.

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

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 15 days ago.
Hi ***** thanks , please confirm he has refunded me my deposit , however please confirm I can claim compensation of x 3 times the value of the desposit ? thanks Breda,
Expert:  Jamie-Law replied 14 days ago.

You can claim x3

Does that clarify?

Customer: replied 14 days ago.
thank you
Please can I ask if you deal with family law matter ?
Expert:  Jamie-Law replied 14 days ago.

Sadly its not my area of law.

You can post a new question and a colleague will pick it up

Customer: replied 14 days ago.
where do I stand under the fact of he only served me notice via email ? and only 2 months given we were under covid via email , he severed me only 2 months on the 18th July and told he was selling property and then 3 week later changes his mind ( tenancy has expired in sept 2019
Expert:  Jamie-Law replied 14 days ago.

Email is fine, but it needs to be a proper S.21 notice.

If he has not protected the deposit then the notice isn't valid.

Does that clarify?

Customer: replied 14 days ago.
I am a single mum with a 10 year old son
He said If I did not confirm to his request there would be seeking legal action against me and bare the consequences - he's a bully and did exactly the same to upstairs tenants - Hence I will seek court proceeding against him - my deposit is £2,215 and just over 5 weeks - rental per month £1,600 - just to clarify the deposit must be under tenant name and address of rental propety ?
Expert:  Jamie-Law replied 14 days ago.

Don't move. The S,21 is not valid.

The deposit must be under the name and address of the rental, - yes

Does that assist?

Customer: replied 14 days ago.
I did move , as I did not want to live under this threathing and bullying behaviour , yes all clear thank you
Expert:  Jamie-Law replied 14 days ago.

Ok - just sue for damages then.

Does that help?

Customer: replied 14 days ago.
Hi I wil that's why I need to know what I can claim for in court and what is acceptable by Law , yes your advise is helpful but I need to understand what is the appropiate level to claims for as the property had fallen into a stated and need repairs due to a fire and gas leak last November 2019 therefore as a result the ceiling in the propety were damaged and damp has set in
damage could run into 12K hence I need advise
Landlord said I need to vactate the property to repair. and I was asked to inform him on my next vacation in order to repair damage to property, This was put on hold due to covidin April . when I ask him to carry out maintance on the front garden and door his responsibilty he served notice on me in july
Expert:  Jamie-Law replied 14 days ago.

You can claim x3 the deposit.

That is because it was not protected.

You can also sue for not doing repairs, but the fact you moved out harms your case.

Unless you have evidence of the disrepair that element will fail.

But you can claim for x3 the deposit
Does that assist?

Customer: replied 14 days ago.
Thank you so much for your help
I must be driving you made , I had no idea where to start and appreciate your advice and help
I took photographs/video of damage and kept all emails,
he even gave new tenant my contact details without my consent
Expert:  Jamie-Law replied 14 days ago.

My pleasure

Expert:  Jamie-Law replied 14 days ago.

I was just following up to see if there is anything else I can assist you with today? If so, just let me know.

If not, then I am happy to have been able to assist you.