• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Part 7 or Part 8?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Part 7 or Part 8?

    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 didnít provide any evidence to prove we hadn't returned the property to the status when we moved in. He didnít 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 thereís 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.
    Tags: None

  • #2
    scotland?

    Comment


    • #3
      Originally posted by islandgirl View Post
      scotland?
      EnglandÖ
      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

      Comment


      • #4
        was the deposit protected in a scheme? You can search a central register if unsure.

        Comment


        • #5
          Originally posted by islandgirl View Post
          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 wasnít AST.

          Comment


          • #6
            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.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 < >

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            2 of 2 < >

            SHORTCUTS

            Pre-Action Letters
            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Witness Statements
            Directions Questionnaire
            Statute Barred Letter



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X