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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14146
Experience:  Solicitor
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Iv been given a resideb=ntial tenancy for a commercial

Customer Question

iv been given a resideb=ntial tenancy for a commercial property
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: no
JA: Where is the property located?
Customer: accrington
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 12 days ago.
Category: Property Law
Customer: replied 12 days ago.
i recently rented a commercial property but due to health reasons i had to give the property up before making the decision i spoke with the landlord who assured me it was ok and i would get my deposit back ,today he has told me im not getting my deposit back because i came out of the tenancy .i have had a look at the tenancy agreement tonight to check for any clauses but nothing is mentioned ,iv then realised nothing relates to the commercial property iv rented because the tenancy form is for residential flat or house ,
Customer: replied 12 days ago.
from what iv been reading a residential tenancy cannot be used for a commercial lease ,would that mean the agreement does not stand ?
Customer: replied 12 days ago.
there is no mention of a forfeiting the deposit if coming out early on the tencacy it only says about it having to be in a scheme
Customer: replied 12 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 12 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  oleksandrav-mod replied 12 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Oleksandra-Moderator
Expert:  Jamie-Law replied 10 days ago.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 10 days ago.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 10 days ago.
Hi thankyou for your response
Can you just clarify if a residential tenancy can be used for a commercial lease
The tenancy he has given me is for a residential flat and the terms do not relate to the commercial property I rented from him at all
Expert:  Jamie-Law replied 10 days ago.

Correct

Does that assist?

Customer: replied 10 days ago.
So the tenancy agreement I have doesn’t stand ?
Expert:  Jamie-Law replied 10 days ago.

You are entitled to your deposit back.

Does that clarify?

Expert:  Jamie-Law replied 2 days ago.

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.