How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joy Nicholas Your Own Question
Joy Nicholas
Joy Nicholas, Lawyer
Category: Property Law
Satisfied Customers: 644
Experience:  Lawyer
106220719
Type Your Property Law Question Here...
Joy Nicholas is online now

My daughter moved into a room, in a house in July 2019. She

Customer Question

my daughter moved into a room, in a house in July 2019. She did not sign a tenancy agreement. She paid one month's deposit. She gave one month's notice (she has found something better!!), but the landlord insists that she pays a further two months rent...ie up to January 2020. The landlord failed to provide either a gas or energy certificate, or the ggovernment's how to rent document. So two questions: sorry, sent too early
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: 1sorry, done it again.1. could you confirm that there is really nothing the landlord can do, as he would would want to take my daughter to court. 2. she i worried she won't get her deposit back, as there is now a dispute. Is she best to only pay one more months rent, and tell the landlord to use the deposit for the second months rent. thanks
JA: Where is the house located?
Customer: in Oxford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks
Submitted: 10 days ago.
Category: Property Law
Expert:  Joy Nicholas replied 10 days ago.
Hi, thank you for your message. Do you know if the deposit was placed in a deposit scheme?
Customer: replied 10 days ago.
she doesn't know. As far as I am aware, she got no documents back relating to the deposit. Incidentally, I will be away from my email for about the next 4 hours!
Customer: replied 10 days ago.
I am back now. Thanks
Expert:  Joy Nicholas replied 9 days ago.

Hi, thank you for your message. If there was no contract in place the landlord cannot demand further payments. The landlord has a legal requirement to protect your deposit under one of the deposit schemes ( Deposit Protection Service (DPS) My Deposits. Tenancy Deposit Scheme (TDS). The deposit is her money and the landlord should only keep it if she has caused damage in the property, she owes rent to the landlord or she has failed to keep to the tenancy agreement and this means that the landlord has lost money. The landlord should have sent her a deposit scheme certificate. If the deposit was paid after 1 April 2013 and protected with one of the 3 approved tenancy deposit companies in Northern Ireland, you'll need to follow their procedure. If your deposit was paid after 1 April 2013, but your landlord didn't protect the money with an approved scheme, you should report this to your local council. You can find your local council here: https://www.gov.uk/find-local-council If you aren't able to settle the dispute, you'll have to go to small claims court to get your money back.

I would recommend that you write the landlord a letter setting out your claim and explaining that you do not owe the further rent as there was no contract in place, than state the date she intends to move out. At the end of the letter mention his duty to protect your deposit through the deposit scheme and state that if you do not get your money back within 14 days you will report him.

I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today.

 

Expert:  Joy Nicholas replied 8 days ago.

Hi, hope all is well. I would appreciate if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen otherwise I receive no credit for helping you.