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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20909
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi,Our Landlord will not accept our last months rent from our

Resolved Question:

Hi,Our Landlord will not accept our last months rent from our deposit which is with the DPS.We have offered him the deposit through the DPS.There is nothing that needs repairing in our flat just wear and tear.There is a clause in our AST stating we cannot use the deposit as the last months rent.We now owe 3 months rent at end of July.We have had a Pre Action Protocol stating he is wanting his money by Tuesday.Is there anything we can do please
Submitted: 1 year ago.
Category: UK Law
Expert:  Stuart J replied 1 year ago.

When are you moving out?

How much rent will you owe then?

How much is the deposit?

Is the letter from him or solicitors?

Please bear with me over weekend as I am on and offline

Customer: replied 1 year ago.

We dont have a date yet as we are still looking for a property.


We will owe £4000 by end of July 2013.


The deposit is £1980.00.


The letter has been sent by a solicitor that he instructed.

Expert:  Stuart J replied 1 year ago.

So why haven't you paid the arrears up top date?

Has he given you a s8 notice or s21?

Customer: replied 1 year ago.

We cannot afford to pay it and we were hoping that we could pay some out of our £1980 deposit.


He has given us a s21 which the end date is 28th July 2013.

Expert:  Stuart J replied 1 year ago.
The reality is that if you walk away owing rent of £1980, then legal action by him is a waste of time except for money for damage which you say that there isnt any
However as you owe £4k, If I was advising him I would tell him to lump it all together and sue for the lot.
Does that answer?
I am happy to answer specific questions
Customer: replied 1 year ago.

You would advise him what he can do but what would you do to advise us please.What can we do in this situation. It would be too costly to have a court case.What can we do !! What would you advise for our defence ?

Expert:  Stuart J replied 1 year ago.




I am
sorry but you don't have a defence. You owe him rent. If he takes you to court you will lose. You may
be able to insist that the deposit pays for the final bit of rent but you are
going to have to come up with over £2000 by the end of July, or you will face
those court proceedings and you will end up with the judgement.

There
was a magic solution to defending claims for rent, everyone would do it and no
one would pay rent. I'm sorry, I do not have a magical and is for you because
quite simply, there is not one.



Customer: replied 1 year ago.

Landlord said he would start proceedings if he did not get the amount by this Tuesday.How long would it take to receive the judgement please.

Expert:  Stuart J replied 1 year ago.





If he issues
proceedings, you have 14 days to acknowledge them and another 14 days to file a
defence.

There is then a
little bit of to-ing and fro-ing on some more paperwork so I would be very
surprised if it was in court within eight weeks. Not impossible, but unlikely. More likely 12 or more



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 20909
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Stuart J
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PGD Law. 20 years legal profession, 6 as partner in High Street practice