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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Company let - damage deposit dispute

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We are the tenant on a residential tenancy, as a company, between 20 Sep 2010 and 19 Sep 2015.  The landlord is withholding a damage deposit and in fact requesting that we pay her extra funds above and beyond the damage deposit she already has. Her claims are so ludicrous that I expect we will have to make a small claim in court.  I have read that she will not be expected to pay our legal costs.  Is this true?

Hello my name is ***** ***** I will help you.
On a small claims yes you can't recover legal costs unless a court orders that a party has acted unreasonably. This is rare.
But usually small claims legal costs can't be recovered.
Can I clarify anything for you about this today please?
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Does a company let become periodic the same as an AST would? She never signed and returned the new tenancy agreement in September 2014 so we assumed the tenancy agreement, which would have ended in September 2014, simple rolled over.

Also, she never supplied a signed inventory and schedule of condition - does this significantly undermine any claims she has regarding replacing furniture etc? We, as the tenant, had an inventory professionally compiled prior to the start of the let in September 2010. We did provide her with a copy.

No a. I company let wouldn't. Only an AST becomes periodic. You become a tenant at will and can be terminated.
Customer: replied 2 years ago.

Oh dear. Does that leave us at a disadvantage in the small claims court?

Sadly yes.
Customer: replied 2 years ago.


Can you please explain why you think we will be at a disadvantage in the county court if we make a claim for our deposit.

Claim for deposit no. But to stay yes.
Does that clarify?
Customer: replied 2 years ago.

We have already left so no problem there. It is getting the damage deposit money back that is onerous.

Thank you.

Yes no problem there!


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