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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14438
Experience:  Solicitor
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I’ve recently moved out of my rented property and there

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Hi, I’ve recently moved out of my rented property and there appears to be an issue with returning the deposit. The current letting agent Bought the franchise in 2013 - I started my tenancy and paid my deposit in 2011 - he claims the deposit wasn’t transferred over to him and that he’s not responsible for repaying it. I have checked all the deposit schemes and cannot find it registered at any of them
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, my tenancy ended on Saturday 30th November and I’ve just been to meet the letting agent face to face
Assistant: Where is the property located?
Customer: Cheshire, UK
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so, thanks

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 10 days ago.
Thanks, I think the aspect I’m looking to clarify is whether the current letting agent is responsible for ensuring my deposit was in a relevant deposit scheme even though he’s claiming he wasn’t aware of it’s existence? Thanks

Yes, they are. Its not your problem.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 10 days ago.
That’s great, thank you