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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice.
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Can past tenants claim for lack of tenancy Deposit scheme evidence when the full deposit w

Customer Question

Can past tenants claim for lack of tenancy Deposit scheme evidence when the full deposit was returned & they have vacated the property?
Submitted: 3 years ago via InBrief.
Category: UK Property Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

If the deposit has been returned to them and they have accepted it then that brings to an end ay claim, under the localism act for failing to protect the deposit..

Obviously they could still claim for any deductions at the small claims court.

Is there anything else you wanted to know?
Customer: replied 3 years ago.


They are pursuing it in the small claims court and I have been notified of a Case Management Conference??. He has lost his job and has threatened to take me to court as we didn't part under the best circumstances.


I did have a witness as to his appalling behaviour when I showed an agent around -do I need a statement from her? What do I need to prepare when I go to this conference?

Expert:  Jo C. replied 3 years ago.
Well, sometimes people do bring unmeritorious cases.

It depends what he's suing for and what the witness can say in the point. Best to tell the court she will be available if there is a prospect that she will be useful.

He can bring other claims - disrepair, deductions etc

If you have returned the deposit then even if he could claim he would not get more than the deposit anyway.

You should be able to explain why it wasn't protected.

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