I hope you are well. I have ended my tenancy agreement with

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

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Hi,

No problem, we can chat here.

So there is nothing in the tenancy agreement restricting you from having overstayed, correct?

And you or your boyfriend haven't caused any damage ot loss to the property?

Was the deposit protected by a government-approved scheme?

The landlord has to protect the deposit at an approved scheme. He cannot have it in his bank account and cannot make deductions as he wishes.

1. The landlord cannot hold the deposit. Section 214 of The Housing Act 2004 stated that If a landlord has not protected your deposit according to Section 213 of The Housing Act 2004, they must pay the full deposit back as well as 1-3 times the deposit amount as compensation.

2. Landlord can make a deduction for:

• Unpaid rent and bills.
• Cleaning, gardening or decorating.
• Damage and missing items.
• Breaking your tenancy agreement.

Otherwise, he has no right to take money off the deposit.

Some really useful information in this link. You can find out your self whether the deposit was protected.

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-landlord-has-protected-your-deposit/#:~:text=If%20your%20landlord%20or%20letting,one%2C%20will%20show%20this%20information.

I have drafted a letter for you to send him:

Dear sir 

A landlord can make a deduction for:

• Unpaid rent and bills.
• Cleaning, gardening or decorating.
• Damage and missing items.
• Breaking your tenancy agreement.

Otherwise, you have no right to take money off the deposit. Nothing in the contract restricts me from having visitors, and it is legitimate to have my boyfriend staying over sometimes.   

The property was left in good condition and I have not caused any damage to the property. You knew my boyfriend was staying and never mentioned any extra charges.  

My deposit would have been protected at government approved scheme according to Section 213 of The Housing Act 2004

Please forward me the details of the scheme within the next 48 hours so I can contract them to raise a dispute.  

Section 214 of The Housing Act 2004 stated that If a landlord has not protected your deposit according to Section 213 of The Housing Act 2004, they must pay the full deposit back as well as 1-3 times the deposit amount as compensation. If you have failed to protect my deposit, I will pursue a case for compensation against youCourtwill challenge you in court if I need to.

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct aCourt’socols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

Should court proceedings be necessary I will claim the court issue fee and statutory interest. If I obtain a judgment, the same will be transferred to the High Court for enforcement against you, and further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Thank you. Typical landlord's response.

Has he told you whether he has protected the deposit?

Take him to the small claims court online.

-You can start a small money claim online against them. This can be done at: https://www.moneyclaim.gov.uk/web/mcol/welcome.

-This link has some helpful information https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

The process is user-friendly and relatively easy.

I would issue for the amount of the deposit and for breach of section 213. So it will be the deposit plus three times the deposit amount in accordance with section 214.

You need to tell say in your claim form that you seeking your deposit back and that the landlord is in breach of section 213 and you are seeking an order in accordance with section 214.