UK Property Law
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She is claiming that she didn't have to protect my deposit since she was only holding it since April/May 2013. Is this correct or do I have other options of getting my deposit back?
Frankly, I do not understand any of her reasoning. Ever since February this year, most of the communication between us has been done via the local council, South Tyneside Homes and Homefinder.
Her text message just says: 'If you remember we didn't have the deposit as you used it as a rent payment you couldn't make and didn't pay it until this year. We have bank statements and copies.'
I transferred the deposit on 15 Apr 13 via FPO, my moving out date is today and I am already living at my new property.
I havebeen asked to look at this for you.
Icannot understand her reasoning either. She has deposit it into a scheme within14 days.
If itis not in the scheme, you can sue her for three times the deposit which is thestatutory compensation for failing protect in a recognised scheme. The you haveto do issue proceedings before the deposit is protected in the scheme and thereis case law that says, if she protect the late, provided it is before you issueproceedings, then you will lose the right to compensation.
Icannot imagine by what stretch of any vivid imagination in her tiny mind youare responsible for repairs to the roof! I cannot also imagine why she thinksthe council should pay for this.
Iassume that she still has your deposit and will not return it which case, asyou cannot file a dispute with the deposit scheme, I would simply issue smallclaims court proceedings for three times the deposit and let the courts decidethe matter. You can issue small claims court proceedings quite easily here www.moneyclaim.gov.uk
Doesthat answer the question? Can I help further? Can I answer any specific points?
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