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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19563
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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a prospective lodger came to look at the room I was offering

Resolved Question:

a prospective lodger came to look at the room I was offering for rent said he loved it he,d found somewhere at last and he was very happy because he had never settled anywhere.he said he would like to take the room but would not be coming for three weeks and what if someone else came in between. I said I would keep it for him but I need adeposit of 2 weeks rent (£160) . next day he teted to say he,d changed his mind.I phoned him to ask why he said just because ther was no TV in his room.i paid to have an aerial installed and bought a tv and freeview box,and phoned him to say there was now a TV in the room. He said he,d take it and send a cheque. no check came but he arrived a few days later had another look said he thought it was perfect and said id receive a cheque in the next few days which I did. he came to my house again unexpected said he cant wait to move in and did I get the cheque OK and agreed to move in on the 4th of june.A few days later his wife phoned said hed found somewhere else and can I return the cheque. I said no I was a non refundable deposit.she threatenened "well we,ve got your keys". what should I do?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Stuart J replied 1 year ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 1 year ago.
what further information
Expert:  Stuart J replied 1 year ago.
Unless you specifically said that the deposit was non refundable , then if they take you to court, you will lose. It really depends if you want the grief if they issue proceedings.
Can I help further?
Customer: replied 1 year ago.
then I,ll say I said it was non refundable
Expert:  Stuart J replied 1 year ago.
Did you say that?
If you did then by all means try it.
It depends who the judge believes if they decide to issue small claims proceedings
Customer: replied 1 year ago.
surely a judge would sympathise with me when ive been messed about, held the room for 3 weeks and forked out for the tv
Expert:  Stuart J replied 1 year ago.
The judge would only look at the facts.
The TV was your choice. Sorry.
This could go either way if it went to court.
It really depends if you want to grief and time of going to court.
Customer: replied 1 year ago.
what would be the grief and would it cost me anything
Expert:  Stuart J replied 1 year ago.
Time and effort.
You would have to pay the court costs if you lost.
You could always refund half?
If that appeals, I can tell you how to deal so that he cant come back for the rest .
Incidentally, if he said "I will take the room if you put TV in" then you would win BUT the judge would have to believe you and the other guy will deny he said it.

Does that answer the question?

Can I help further?

Please don't forget to positively rate my answer service (even if it was not what you want to hear).
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. I
t doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.

I am offline shortly until later today and will pick this up then

Customer: replied 1 year ago.
yes I,ll offer half then
Expert:  Stuart J replied 1 year ago.

In cases like this, I never suggest making an offer. I suggest sending a cheque. Armed with a cheque in the hand for some of the amount they want, compared to an argument over the whole of the amount, (and arguments that they may win or lose) the cheque in the hand is a pretty powerful incentive to accept it.

So consider deciding how much you would like to pay the (you need to make it attractive enough) and send it with a covering letter headed “without prejudice save as to costs”. That means that they cannot produce the letter in court as any proof that you admit owing them any money at all.

Tell them in the letter that you are offering this money in full and final settlement of all claims against you, past, present and future, and that by cashing it they accept it as such. Tell them that if they do not accept it, they should return the cheque to you and if they issue legal proceedings, you will defend them on the basis of A, B, C, whatever.

Tell them that if they do not understand the significance of the letter. They should take independent legal advice.

I can tell you this approach works nine times out of 10, provided the offer is reasonable and not derisory.

For legal reasons which I will not bore you with but which go back several hundred years, the cheque must not come from you, but was come from a third party, friend, relative, solicitor, our accountant, neighbour, girlfriend, wife, husband, whoever, just not from you.

Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html

Please don't forget to positively rate my answer service (even if it was not what you want to hear).
If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. I
t doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood!
If in ratings you feel that you expected more or it only helped a little, please ask.

I am offline shortly until later today and will pick this up then

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19563
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 3 other UK Property Law Specialists are ready to help you

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