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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 16648
Experience:  Senior Associate Solicitor
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Six months ago I gave my landlord £3000 as a holding deposit

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Six months ago I gave my landlord £3000 as a holding deposit to hold the lease of a shop in Glasgow pending the issuing of a license by the council I started paying rent for the premises 4 months ago for fear of losing the lease . My landlord has neither returned the money nor put it in a holding account, surely he can not keep the money, what can I do to be reimbursed ?
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Glasgow
JA: Has anything been filed or reported?
Customer: I have sent emails requesting him to pay also tele/cons with no results
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 also refurbished the premises , and he will not pay for things like a new fuse box, repair to roller shutter door,fire safety certificates, and outside cladding to the building

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.

I would agree that the money should have been returned by now - it was simply to hold the property pending your lease being accepted.

I would recommend that you send a letter before action to demand repayment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here:

https://www.scotcourts.gov.uk/taking-action/simple-procedure

For claims over £300 (up to £5,000) the court issue fee is £106 which is recoverable from the defendant if you win the case.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

I hope this helps
JimLawyer and other Scots Law Specialists are ready to help you

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