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Please help re flat deposit

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Comments

  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Hi all,

    Here is a copy of what I have now e-mailed the agent:

    "Dear xxxxx,

    As per our conversation yesterday, Damon had offered to help obtain a heater grille quote for the landlord but will be sending the landlord a text today with the telephone number for a heating agent, as Damon has not received the heater model number from the landlord as she had promised. This means the landlord will be able to call them directly today with the heater model number to get a quote, with no further delays to us receiving a full breakdown of any proposed deductions to our deposit.

    We would like to emphasise that despite the heater grille having a stain, this mark does not affect the full working order of the heater, therefore any deduction for replacement of the grille should be considered under the terms of wear and tear.

    Two weeks ago we were promised a breakdown of all proposed deductions from the deposit for our review, which we have still not received. We have also not received a copy of the check-out inventory from early June 2006 from Parks Residential. For this reason and due to the delay, we are now logging all communications in writing for our protection.

    Please provide the landlords’ address via e-mail today so we may write directly to her and detail our concerns over this delay – we were due our deposit back at the latest on 5th July - this is now nearly a month overdue with no justifiable reason. Since our vacating the property on 5th June, the landlord has had nearly 8 weeks to return our deposit and/or present her breakdown of deductions.

    I look forward to receiving your e-mail with the landlords postal address today.

    Thank you for your swift assistance."


    Clutton - sadly we did not take photos of the flat when we left, what a lesson that is. We had never let via an agency before, always private, and really thought that doing it via an agent would be safer - hardly! Lesson learnt tho re photos.

    EagerLearner
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • hjb123
    hjb123 Posts: 32,002 Forumite
    Hi,

    Try the following site - it details the procedures for your situation
    http://england.shelter.org.uk/advice/advice-3007.cfm
    Weight Loss - 102lb
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    HJB123 - thanks so much for that link - I have taken a look and it is very reassuring. We requested the landlords address from the agency today so once we get that we will write to them directly requesting a reason for the delay and also full breakdown of costs. We will give 7 days for a response.

    As there has already been such a delay, should we say '7 days for a response and should we not hear from you in writing we will be forced to take the matter further' or should we allow the 7 days to elapse and then send another letter saying we are being forced to take her to court?

    Thanks again

    EagerLearner
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • hjb123
    hjb123 Posts: 32,002 Forumite
    I think that I would say 7 days for a response then take it further
    Weight Loss - 102lb
  • Voyager2002
    Voyager2002 Posts: 15,244
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    Here is the text of a letter that I sent to my landlord's letting agent in very similar circumstances (with a copy to the landlord himself). At the point I sent it I had been waiting for my deposit for more than five months (and this letter refers to a letter that I had sent them five weeks previously. I received most of the money within a couple of days of sending it.

    Dear XXX XXX,


    Notice of Court Action: Deposit for [address],

    I have not yet received a substantive reply to my letter of 23 October, in which I explained that the reasons advanced for witholding my deposit were specious and based on false statements. Nor have I had any response to my letter of 26 August, in which I pointed out that I had had to pay Council Tax for XXX, although the tenancy agreement for this property clearly stated that Council Tax was included.

    I am therefore commencing legal proceedings to recover the sums that are due to me. If you are happy for this matter to be settled in court, you need do nothing now: you will receive a summons in due course stating the date and time of the hearing. Otherwise, please ensure that your payment of five-hundred and fifty-two pounds, seventy-four pence (£552.74) reaches me within SEVEN DAYS of the above date.

    Yours faithfully,
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Thanks Voyager2002 - sounds like that format would work for us too - we just need to get the address from the letting agent now - it will all depend on how long they take to get it to us (seems like they can take 28 days if they want but I think they want the case closed as she is now letting privately and the agent are making no money from her).

    My OH has just e-mailed me to say he just sent the landlady a text with the telephone number for heating agent, which she led us to believe was the last outstanding cost as she had all other costs in place. She should, if there's a decent bone in her body, get that price today or tomorrow then post everything to the agent.

    However, she's been saying to the agent that the costs are 'in the post' for ages now so who knows how long this will take and what we can trust.

    I work full time so can't drop onto CAB offices and in the snatches of time I sneak off to make a call can never get through on the phonelines during the rare hours they give telephone advice. Hrrrumf.

    Anyway, we're hanging in there - thanks for all the support here - it's keeping us sane! Such a shame as it tars all landlords with this brush, I'm sure there are good ones out there ;o)

    EagerLearner
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Latest update: Landlady has received tel number for heating agent re radiator cover and texted OH back - claims she will look into it - also stating 'hope you had a nice holiday' - can you believe the cheeeeeeeeek of it? :mad:

    Letting agent has still not sent us her postal address.
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • hjb123
    hjb123 Posts: 32,002 Forumite
    If you know her name and the rough area in which she lives can you maybe find it on the internet on one of the directory enquiries sites?
    Weight Loss - 102lb
  • musey
    musey Posts: 412
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    Forumite
    http://www.landregisteronline.gov.uk/

    If you think it's worth investing £2 in finding the landlady's details then vist the above, search for the property and you should get her address that way. Out of interest do you have a copy of your tenancy agreement? If so Where does it say you should serve papers (if required) on the landlord/lady?
  • Tassotti
    Tassotti Posts: 1,492 Forumite
    If there is no contact address for the LL on your tenancy agreement, then you do not have to pay rent. I am not sure but I think you can claim all the rent back off her (this needs to be checked with a solicitor).

    Tass
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