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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23736
Experience:  Senior Partner at Berkson Wallace
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I have a landlord from a property I vacated in Feb 2021. The

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I have a landlord from a property I vacated in Feb 2021. The landlord would like to make a claim for unpaid rent, where I withheld rent due in Oct 2020; because I had been without a garden for 5 months; so I deducted the value of the garden, which was my entitlement as per my contract (AST).The landlord’s solicitor has been writing to me since March 2021; requesting payment for the rent I withheld. In May 2021, that solicitor said they would make a charge on my property; if I did not respond to their letter within 2 weeks. I responded advising of a potential counter claim due to the conditions I was living in in that property. I asked them to respond within 7 days. They failed to respond.Question 1:
Can the Landlord’s solicitor keep opening and closing the case, chose when to respond and on that basis will it be considered at court; should it get there. As I feel they isn’t much consistency with their approach.Question 2:
My deposit is held in the deposit scheme; how can I get access to it?Thanks

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Can you explain what the problem was regarding the garden and what the tenancy said about the garden?

and how much did you withhold?

If you vacated the property and you haven’t received your deposit back, then you need to file a dispute with the Tenant Deposit Scheme.  Each of them has a different procedure.

I don’t know how much rent you withheld and whether it was in proportion to the amount of the garden although you wouldn’t have had much use of the garden during the winter.

Can the solicitor keep opening and closing the case?  No.

If they harass you without issuing court proceedings, then it’s a breach of section 40 of the Administration of Justice Act.  Tell them that they either close the file or issue court proceedings against you because if they write to you again without issuing court proceedings, you will be seeking an injunction against them and their client to prevent any further contact with out the issue of court proceedings.

You need to bully them now, don’t be bullied by them.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Property Law Specialists are ready to help you