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Dispute return deposit with a subletting tenant


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Hi all, I would like to have your advice on my dispute to return a deposit to a subletting tenant. Basically, he was not my assured shorthold tenant, but paid his deposit and rent to my current tenant.

He moved out my property six months ago, now trying to claim his deposit back from me rather than my current tenant. Later I realised he learnt this idea from Citizens Advice Bureau (CAB) and claimed himself as a statutory periodic assured shorthold tenant. Obviously this is nothing to do with me. I replied the CAB I did not owe him any deposit as we didn't have any tenancy agreement before. I also showed a copy of the signed agreement with my current tenant who is responsible for paying the deposit. The CAB didn't answer me at all since then.

However, I just received a Claim Form with amount of deposit and court fee from our county court. I am very supprised, but have to prepare to my defence. Do you think hiring a lawyer will help me avoiding anything that might against me?

Any advise is very welcome.

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If he moved out 6 months ago ...then that would be july time ??

If so , when did he move in ?

If he is declaring "himself as a statutory periodic assured shorthold tenant" then when did this start ? what was the fixed period ? before it went periodic ?

Who did he pay rent and dep to?? you or the tenant ?

I would write a strong letter requesting case to be dropped (with legal advice ) or you will counter sue with "attempting to obtain monies under false pretences" and "harassment" .

If he was paying your T as as subtenant then he may well get away with declaring an unwritten ast but not with you ...rather with your t as named on your ast ?

Please come back and let us know how you get on ...would be very interested to hear how you get on ...


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The claim form gives you the opportunity to defend the claim and the reasons why. Clearly state the he wasn't your tenant, any money lawfully due to your proper tenant was refunded, you have never collected any money in the form of a deposit from him and that you will claim for costs in defending the case. Go the the HMCS website for further information.

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