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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14438
Experience:  Solicitor
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I am trying to retrieve my son's deposit on a flat he

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I am trying to retrieve my son's deposit on a flat he occupied with two others from 2013 to 2015. They occupied under a 2yr shorthold tenancy which expired in September 2015 but they continued living in the flat and paying rent - holding over - which I understand created a periodic tenancy. One of the three moved out in October 2015 but the tenancy was not changed. In November 2015 my son also wanted to move out but there were problems with the replacement tenants so efforts to change the tenancy were delayed. To avoid having to pay rent on two places my son wrote to the landlord to give notice to terminate the tenancy in January 2016 - which we understood he was able to do as a tenant under a periodic tenancy. This shouldn't have been a problem as the new occupants were already lining up with the estate agents and landlord to change the tenancy. However, the estate agents refused to accept that the tenancy had been terminated and refused to pay my son his share of the deposit. They maintained that the original tenancy had been transferred by agreement - although my son had refused to sign the paperwork to agree the transfer as he had not received reimbursement of his deposit. I have been in touch with the estate agents and landlord several times since then to claim the deposit. This summer the landlord told me that the current tenants were now moving out so I again contacted the estate agents to claim my son's share of the deposit - only to be told that the deposit had already been paid out to the departing tenants. I want to know how I can get my son's money back. His share of the deposit came to around £750.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have correspondence with the landlord and estate agents. That's all so far
JA: Where is the flat located?
Customer: Bethnal Green
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No - I think I've given you the essential elements.

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.

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 11 days ago.
Thank you Jamie. I would like to confirm with you that in your opinion my son was able to terminate the tenancy and therefore should have received his share of the deposit at the time, and that the subsequent tenancy with the new tenants was not a transfer of the original but in fact a new tenancy.

Yes, I think he can. He should have his share.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 11 days ago.
Thank you!

Pleasure