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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 16655
Experience:  Senior Associate Solicitor
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I need a solicitor to help write a settlement proposal

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I need a solicitor to help write a settlement proposal letter for not depositing a tenants deposit within 30 days.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: The property is located in London.
JA: Has anything been filed or reported?
Customer: I've received a letter before claim and in the letter there is the opportunity to settle before a claim is filed.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I have 9 days to respond before a claim is filed

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

We can't write a letter for you as we are not a law firm - we are an internet forum and we can give online Q&A information and guidance only.

The issue for a landlord who has not protected their deposit within the 30 day prescribed period is that you are liable for at least one times the deposit sum. There is no way around this unfortunately. The law is strict so even if you were 1 day later, the tenant is entitled to compensation. The court can award anything between 1 and 3 times the sum - depending how grave the breach was, your conduct, if you simply forgot, whether you are an experienced landlord, etc.

This would not be a small claims case so you could propose a "Part 36" offer to the tenant. The court may be likely to just award them x1 of the deposit sum, so you could make them an offer of one times the deposit sum or slightly more - if the tenant is only awarded one times then you can claim any defence costs as they will have dragged you to court and not beaten your offer.

The judge would not know about this offer until the case has finished and when the issue of costs is concerned.

The Part 36 offer has to follow the criteria under Part 36 of the Civil Procedure Rules to be valid - see link : Part 36 CPR

I have attached a template as an example for you which you may find useful.

If you would prefer a law firm to do this, here are a few choices for you :

1. Knights Law, tel: 01204 655614, email:***@******.***

2. Stephensons Solicitors, tel: 0161(###) ###-####

3. Duncan Lewis, tel: 0333(###) ###-####

I hope this helps

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 8 days ago.
Thanks for your help.

No problem, I noticed in a second question you made, they are also claiming for loss of enjoyment - so further compensation over and above the deposit claim. I think you may need a law firm to reply to them - any of the ones I mentioned above would be fine (the first on the list I think deals with both landlords and also tenants)

Customer: replied 8 days ago.
Thanks once again

My pleasure, thanks

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