Getting my mothers tenancy deposit back

Getting my mothers tenancy deposit back

12:43 PM, 22nd September 2013, About 11 years ago 1

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My mother took tenancy of a flat on 23/03/08, she signed an original tenancy for a year and then as the estate agent had expensive fees for a renewal, so she got only another one the following year (2009), and from then on she has carried on on as something like rolling period. For the last year and a half her health deteriorated and next door to her driveway the same landlord rented a small mechanics garage with capacity for only 1 car. The that tenant has made my mothers life and mine very miserable because he kept parking/repairing his customers cars in my mothers driveway of outside on the double yellow lines blocking my mother’s driveway entrance.

As my mother needed that driveway for her carer to park, as well the oxygen delivery company, I kept complaining to the landlord and estate agent. I even sent a letter to the council who told me that once the inspectors see someone illegally ;parked they have to give the offending motorist 5 minutes to remove the vehicle before issuing a penalty, and that regarding the blocking or parking in my mother driveway was a police matter. The police also told me that was a council matter – get the picture?

Last month I told the estate agent that if this continued I will ended my mums tenancy and move her away.

Unfortunately, Mums health took a turn for the worse and she was taken to the hospital for 3 weeks, they told me my mum was terminal and she has only weeks to live.

I spoke with the landlord (because lives next door) and the estate agent and explained that my mum could pass away in the hospital and I may be forced to end up her tenancy at any minute. That was 2 weeks ago.

Last week I contacted the estate agent telling him that my Mum was not returning to the property and I will vacate the property as she will go to a hospice from the hospital. I vacated the property on Thursday, the rent is paid until the 23. I got a company to do the cleaning, the garden and even professional carpet cleaners. Now the landlord is telling me that he is not going to return my Mums deposit because she did not give him a month notice and that is the estate agents suggestion. The estate agent says that he understands that my Mum is terminal and may live only 3 more weeks but that it is the landlord who doesn’t want to return her deposit…..

Shouldn’t deposits been protected?

What are my chances, acting as legal representative of my mother, if I fighting back in an attempt to get the deposit back? After all, I did try to give them as much notice as possible and after almost 6 years of being a model tenant she does not deserve the aggravation of being messed by the landlord/estate agent.

Can you please give some advice. Getting my mothers tenancy deposit back

Your help in this matter would be greatly appreciated.

Many thanks


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Mark Alexander - Founder of Property118

12:09 PM, 23rd September 2013, About 11 years ago

Dear Monica

Clearly this is a very emotional time for you and the parking and access problems have not helped. However, please put the parking issues into context with the most pressing issues here.

My advice to you is that you should do everything possible to make your mothers final days as peaceful and as stress free as possible. I don't think you should even mention these issues to her and if she mentions them to you, just tell her not to worry and that you will get everything sorted.

To answer your specific question regarding the deposit, yes it should be protected and if it wasn't you can claim the deposit and up to a further three times the deposit as compensation. From what you have said, your Mums landlord seems quite a heartless character and if he's not protected the deposit then he deserves what's coming to him. You have up to six years to bring a claim though so you can safely put this issue on the back burner for now.

If the deposit was protected then your mothers landlord is legally entitled to enforce the contractual notice period. I know it sounds harsh but that was the basis of the contract and that's what a Court of a Deposit Protection adjudicator will tell you.

I wish you well in these difficult times.

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