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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice.
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I left from previous rented property last Augast. I asked

Customer Question

I left from previous rented property last Augast.
I asked for my deposit but the agent said to me that is not his responsibility and I should to speak with my Landlord.
I tried to contact him but I didn't manage, I sent a letter to him but I have not reply.
I check if my deposit was covered from any scheme but I didn't find any results, I am 90% sure that he didn't cover the deposit.
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.

I answered to that but I am not sure if you got my answer.

I want to know if I can take my deposit back and how.

In addition I want to know which steps I should to follow.

Expert:  Remus2004 replied 4 years ago.
No, I didn't see anything. There are some site bugs.

Is this an assured shorthold tenancy agreement please?
Customer: replied 4 years ago.

Yes was 6 months contract as shorthold tenancy agreement.

I was for about nine months there.

I sent warning to him that I will leave 1 month before leave and I have pay all my rents.

Expert:  Remus2004 replied 4 years ago.

What date did you give notice roughly and when did you leave please?
Customer: replied 4 years ago.

I find all the details:

move in: 18 Aug 2012 with contract 6 months.(18 Aug 2012 to 17 Feb 2013 Renewable)

notice by email to agent: 4 June 2013 that I will leave 18 July 2013 and I left the property 18 of July.




Expert:  Remus2004 replied 4 years ago.

Certainly your notice was properly given. This would have been a periodic tenancy agreement at the time that you gave notice and you gave proper notice. There can be no rent arrears.

It was an AST originally and he should have protected the deposit. You do, in principle, have a claim under the Localism Act for three times the sum of the deposit. In practice though the court would probably only order that he repay your deposit but he doesn't necessarily know that.

You left the property more than three months ago so you are out of time to use the deposit scheme and anyway if its not protected you cannot. You will have to complain to the small claims court here

Its cheap and quick to issue there though.

Its worth sending him a letter before action demanding payment in full and making clear that you will sue in default.

Can I clarify anything for you?