Part 7 or Part 8?

[Starrysky]

We rented a self contained annex. My previous landlord charged us more than 1 week's holding fee and 5 week deposit. The non-assured shorthold tenancy agreement stipulated that the deposit would be held in a separate account. The landlord increased the rent by 50% when the fixed term ended and made us accept it or end the tenancy. After the tenancy ended, the landlord charged us prohibited fees under Tenancy Fees Act and made it hard to have our deposit back. He didn’t provide any evidence to prove we hadn't returned the property to the status when we moved in. He didn’t provide any information about the account that holds our deposit.


Should we start the claim via Part 7 or Part 8? I think the landlord has breached the contract and Tenancy Fees Act, and therefore there’s minimum disputes of facts. I asked for some advice and was told the contract may be AST because the landlord had some lodgers in their house.

[islandgirl]

scotland?

[Starrysky]

scotland?

England…
separate council tax
separate TV license
own external door to my living area
can exclude others from my living area by locking the door
have own kitchen, washroom
have postcode

[islandgirl]

was the deposit protected in a scheme? You can search a central register if unsure.

[Starrysky]

was the deposit protected in a scheme? You can search a central register if unsure.

It is not protected under any schemes. I read from other sources that my tenancy should be AST because I paid council tax. However, the tenancy wasn’t AST.

[islandgirl]

If a deposit should have been protected and was not you can claim 3 x the value from the Landlord. There may also be other issues if it was an AST. Any shared facilities may mean you were a lodger of some description and you really need some expert advice. Many solicitors will give you a free initial consultation or try speaking to shelter themselves.