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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice.
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we are company. we took property on guarantee rent with landlady

Customer Question

we are company. we took property on guarantee rent with landlady on AST with permission to sub let.
We left the property and landlady haven't secure the deposit and we left the property. How we can get our money back
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

Why hasn't it been returned?
Customer: replied 4 years ago.



she ask us to leave the property and then she will pay back. and it has not been secure

Expert:  Remus2004 replied 4 years ago.
Ok. So why do you think she won't return it? You are expecting its return before you leave?
Customer: replied 4 years ago.

she haven't secure the deposit and we want her to take to court for non protected of deposit.

Expert:  Remus2004 replied 4 years ago.
To be wholly honest, you are probably over estimating your position.

If this is an AST them the deposit should have been secured.

However, if she has not then chances that you will get any more than the sum of the deposit minus any proper reductions are about 1%.

The old law led to a serious of cases that meant that was inevitable. The new law under the localism act doesn't even demand that courts order three times the sum but gives them a discretion. A fairly cardinal principle of uk law is that you can only claim for your loss

In any event she doesn't have to return the deposit until you leave. The whole point is that the land checks the house upon the vacation of the tenant.

Also there is always the chance that she will just secure the deposit if you act now and then the argument is lost

If you are intent then you can issue here

But you will not get any more than the deposit and you might end upswing her costs of you issue too early

Sorry but thats your position