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Taking family member to small claims court for money owed


topcat77
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The situation is me and my partner rented a house in March and paid a deposit of £340. My brother moved in with us and in April we decided to look for somewhere else as I became pregnant and we wanted a house with central heating.

 

My brother wanted to stay on in the house with my cousin and when we spoke to our landlord she said that the tenancy could be passed on but me and my partner wouldn't get our deposit back. We hadn't seen through the 6 months of the Assured Shorthold Tenancy so the landlord said we could leave without notice because the house wouldn't be vacant.

 

The deposit is now my brother's if he leaves the house and he promised he would pay us the money back a little each week but we have seen nothing. Is it worth me taking him to a small claims court to get it back as he really doesn't seem to want to pay it us? Would we be entitled to Legal Aid as I receive Incapacity Benefit and my partner claims Income Support and would we have to pay any money if we won our case and got the £340 back?

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to get legal aid you would have to show that there was a reasonable chance of success

 

there is nowhere near enough information to evaluate this but as a general rule if you took out the tenancy and signed for it- the verbals between you and the landlord might be a bit difficult to prove and you would still be liable for the unexpired part of the tenancy

 

you should be able to get a free consultation with a solicitor but my bet is that it may be a non starter

 

let us know how you get on

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In addition, do you really want to sue your Brother.

 

For that amount of money and although he might be a complete idiot, do you want to alienate your brother for the rest of your life?

 

Jogs

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