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Property Deposit Not repaid.
Mikeboz
Posts: 14 Forumite
A friend of mine has not received his full deposit from the landlord of a restaurant he leased. The landlord made many deductions from his £4500 deposit and refused to negotiate.
We gave her 14 days to repay the outstanding deposit monies, but she failed to respond.
We now want to make a claim to the small claims' court, but as you navigate through the SMC online application it asks are you claiming for a tenancy deposit. If you enter yes; it says the SMC cannot be used for this sort of claim.
Is this correct, or is tenancy only for residential housing and not renting a business?
Any advice of next steps welcome. We have exhausted all rational discussion with the landlord which has been going on for over 6 months now.
We gave her 14 days to repay the outstanding deposit monies, but she failed to respond.
We now want to make a claim to the small claims' court, but as you navigate through the SMC online application it asks are you claiming for a tenancy deposit. If you enter yes; it says the SMC cannot be used for this sort of claim.
Is this correct, or is tenancy only for residential housing and not renting a business?
Any advice of next steps welcome. We have exhausted all rational discussion with the landlord which has been going on for over 6 months now.
0
Comments
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They mean residential tenancies.1
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Was the deposit protected (as required by law)?
You can find out - read https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected.
If so, you are better off claiming through the tenancy deposit dispute scheme.1 -
Its commercial not residential, deposit scheme doesn't applysteampowered said:Was the deposit protected (as required by law)?
You can find out - read https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected.
If so, you are better off claiming through the tenancy deposit dispute scheme."You've been reading SOS when it's just your clock reading 5:05 "3 -
Because residential tenancy deposits are separately regulated. Commercial rent deposits aren't generally called "tenancy deposits" anyway.Mikeboz said:
I hope this is correct as it makes the next steps easier. Can I ask how you know this as fact? i have trawled internet without answers - hence my MSE post. TIA.davidmcn said:They mean residential tenancies.1 -
Thanks David. We have filed the issue with the small claims court and await the outcome. M0
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