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GabrielP428
GabrielP428, Solicitor
Category: Property Law
Satisfied Customers: 450
Experience:  Expert
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I hope you are well. I have ended my tenancy agreement with

Customer Question

Hi Pearl, I hope you are well.
I have ended my tenancy agreement with landlord. He now says that he will deduct money from my deposit due to the fact that my boyfriend was visiting me 2 times per week for a few months.The agreement doesn't state any charges for stay of friends of family. The only article that is written regarding this is " Not assign, sublet, charge or part with or share possession or occupation of the Property".On top of this, the landlord mention once that he is aware of my boyfriend visiting me every now and then but he was misinformed that my boyfriend was living there continuously (which is not true). When I confronted at that time my landlord, he said "It's all fine" in the presence of my boyfriend and my flatmate.The landlord, again, has never mentioned either verbally or in writing about any charges due to stay of family or friends.
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: London
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: What do you mean?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 11 days ago.
Category: Property Law
Expert:  GabrielP428 replied 11 days ago.

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.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Customer: replied 11 days ago.
Hi Gabriel, thank you so connecting, much appreciated. I will wait here for the answer. Thank you
Expert:  GabrielP428 replied 11 days ago.

Hi,

No problem, we can chat here.

Expert:  GabrielP428 replied 11 days ago.

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

Expert:  GabrielP428 replied 11 days ago.

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

Customer: replied 11 days ago.
No, the closest thing to it that is written in the contract says "Not assign, sublet, charge or part with or share possession or occupation of the Property"
Customer: replied 11 days ago.
Moreover, there is no mention about making charges or deductions from deposit, due to the stay of family or friends.
Expert:  GabrielP428 replied 11 days ago.

Was the deposit protected by a government-approved scheme?

Expert:  GabrielP428 replied 11 days ago.

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.

Customer: replied 11 days ago.
The deposit was held by the Landlord (the contract says the same)."The Deposit will be held by the landlord and will be refunded to the Tenant at the end of the Term (however ends) [...] but less any reasonable deductions properly made by the Landlord to cover any reasonable costs incurred or losses caused to him by any breaches of the obligations in this Agreement by the Tenant.""the Deposit shall be repayable to the Tenant as soon as reasonably practicable."
Expert:  GabrielP428 replied 11 days ago.

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.

Customer: replied 11 days ago.
That's great, thank you so much for your rensponse
Expert:  GabrielP428 replied 11 days ago.

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.

 

Customer: replied 11 days ago.
I've sent to the landlord the note about protection scheme and what charged he can apply to my deposit, his response was
"I will charge you the cost for your partner of 9 weeks which is £137 per week."
Expert:  GabrielP428 replied 11 days ago.

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)

Customer: replied 11 days ago.
Thank you so much. I have sent this to him and he responded "You won't get any deposit back as you owe me 1150, be my guest with court proceedings. Waiting for the court date"He calculated the £1150 as £1100 for my charges because of my boyfriend's visit and £50 charge of flooding caused by leaking from pipe that was broken because one of previous tenants has moved the pipe apparently. He didn't charge anyone but me. The tenancy agreement is made for each flatmate separately for rooms.
Expert:  GabrielP428 replied 11 days ago.

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.

Expert:  GabrielP428 replied 10 days ago.

If you have further questions, please feel I hope I was able to offer some help. Thank you so much for using Just Answer.

If you have further questions, please ask them in this thread or you can open a new thread and mark it for my attention (GabrielP428) or choose me in the subject heading as your preferred expert from your membership page.