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Marcinlondon
Marcinlondon, Solicitor
Category: Law
Satisfied Customers: 385
Experience:  Qualified Lawyer - 8 years experience
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I’m looking to confirm if a firm broke the contract, UK,

Customer Question

Hello I’m looking to confirm if a firm broke the contract
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: contact the firm multiple times
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: nope
Submitted: 16 days ago.
Category: Law
Expert:  Marcinlondon replied 16 days ago.

Hello, this isCustomerand welcome to JustAnswer. I will be the lawyer working with you today and I will be happy to advise you to the extent possible on this platform. I will review your question and I will be back with my answer shortly. You will get notified when my answer is ready therefore there is no need to wait online.

Expert:  Marcinlondon replied 16 days ago.

Hello again. I have found your question. Can you please let me know more details. What contract was it? Why do you think they breached it?

Customer: replied 16 days ago.
Hello
Customer: replied 16 days ago.
The deadline will be 3/6 and I don’t like the way they treat customers, are there any grounds to sue them?
Customer: replied 16 days ago.
The contract is a tenancy contract between me and the landlord
Customer: replied 16 days ago.
But I think it’s the agency that’s dealing in bad faith as both of their agents that managed my apartment are no longer replying
Expert:  Marcinlondon replied 16 days ago.

Your starting point should be the underlying agreement. What are the relevant terms? If there is a term which obliges the agent to provide certain services and they fail to do so, then they will be in breach of the contract. You could send them a letter stating they are in breach and require a certain action. But it is very much dependent on what exactly they are breaching. Feel free to share the agreemnt with me and elaborate a bit more what they have failed to do and I will see if there is a term which they can be potentially breaching.

Expert:  Marcinlondon replied 16 days ago.

If the contract allowed them 10 days - then they will be in breach if they fail to respond within this timeframe!

Customer: replied 16 days ago.
Can I send you the deposit part of the contract?
Customer: replied 16 days ago.
File attached (V134S1M)
Customer: replied 16 days ago.
I sent this email to the property manager yesterday
Expert:  Marcinlondon replied 16 days ago.

You are right. Clause 28.4 gives them 10 days (of the end of tenancy) to notify you if they want to deduct anything from your deposit. If they fail to do so, they are breaching the terms of your tenancy. In any event, you can dispute any deductions with the TDS for free!

Expert:  Marcinlondon replied 16 days ago.

Well done. You did the right thing. Let's see what they come back with.

Customer: replied 16 days ago.
Thank you for your help, I shall inform you if they reply
Expert:  Marcinlondon replied 16 days ago.

Please do. It was a pleasure assisting with your questions.

Customer: replied 16 days ago.
The pleasure is mine
Customer: replied 16 days ago.
I want to practice law in the future and after consulting with you made me more determined to
Expert:  Marcinlondon replied 16 days ago.

Judging your email and good references to the underlying lease - I think you will be a good lawyer! Seriously, well done.

Customer: replied 16 days ago.
D thank you again and have a good night
Expert:  Marcinlondon replied 16 days ago.

You too. I think my last message hasn't gone through. You drafted a good email and made clear and logical references to the underlying lease so you will be a good lawyer! You didn't need me. Thank you and have a good night too!

Customer: replied 14 days ago.
Hello Marc, I finally got a reply from the agent
Customer: replied 14 days ago.
This is the email he sent
Expert:  Marcinlondon replied 14 days ago.

Ok, let's hope they will reach a decision to refund the deposit before TDS does.

Customer: replied 14 days ago.
But according to the contract they cannot deduct any thing right? So the decision should be return in full amount?
Expert:  Marcinlondon replied 14 days ago.

Yes, if you were to issue a claim in a small claims court, you would have a good chance to win as the contract makes it clear how many days they have to make any deductions!

Customer: replied 14 days ago.
oh alright I will find more information on small court claims