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Time to stop negotiating and make an application to court. You know you have a good case and she/he have no valid defence.
Personally I'd go all the way given the history and apply for the penalty as well as the deposit.
Additionally, although you have a strong case re the deposit, the penalty for non - registration is even stronger:
If the deposit was not registered, there is no defence. So you will win this.
If the deposit is witheld, for cleaning cobwebs (or whatever), the landlord can enter a defence (however spurious) and that means there is an element of doubt as to the outcome, even if your likelihood of winning is still 90%.
So if you claim both, your worst-case outcome is to lose the deposit, but win a penalty at least equal to the deposit but probably more.
Whereas if you claim the deposit only, your worst-case (hoever unlikely) is that you get nothing (and have to pay costs).0 -
That's excellent advice I didn't think of it that way, my tenancy agreement says '4.depost 4.1 the landlord acknowledges reciept of the deposit, and further down 'the landlord agrees that the deposit shall be held in accordance with the rules of the chosen TDS'
I didn't send the letter just because while I've got a txt and a phone call relating to the deposit because it's sooner than the 14 days I wondered if despite having this info a court would question why I didn't give her the 14 days stated on my letter0 -
If you gave her 14 days in your LBA, then wait 14 days. Sorry - I missed that. You want to appear squeaky clean and reasonable to the court.0
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And so the drama continues !!!!!!!!
Got a letter today in response to my 14 day one (haven't sent the other was going to tomorrow as I'm not working so more time to go the P.O!)
She says upon deeper inspection of the property she discovered more cobwebs in the corners of the bedrooms. She says laminate flooring is missing in the kitchen (this is true and was missing when I moved in, ain't clear on the inventory pictures but the description says 'pieces of laminate flooring missing)
She also claims she had to replace the door in the lounge as it was off one of its hinges (also true but again was there when I moved in and she made no effort to repair it, however I didn't push for this repair so I'm partially responsible?) she is 'willing to compromise as a good will gesture and return half of my deposit' to me. I'm not sure if she's trying to pay me off because she knows shes in the wrong or doing me a favour.. I'm terrible at this. Still no mention in the letter of the deposit protection details something I requested in the first letter! I just want this to be over? Ahh!0 -
Àlleycat.
For my sins I rent out two properties but I do everything by the book. I don't always get it perfect but do try.
I also don't deal well with confrontation but in this case I think you have to go for it. She failed to protect your deposit and is doing her best to retain some of the deposit, for issues which from reading your thread were pre-existing.
I know the easiest solution would be to just accept half the deposit but if those items she is trying to claim for were pre-existing then insist on your full deposit back and I would look at starting a claim for the non protection as well.0 -
alleycat465 wrote: »And so the drama continues !!!!!!!!
Got a letter today in response to my 14 day one (haven't sent the other was going to tomorrow as I'm not working so more time to go the P.O!)
She says upon deeper inspection of the property she discovered more cobwebs in the corners of the bedrooms. - still just minor dusting, which would be compared to how clean you received the property. If it's still cleaner now, then no deduction for this. She says laminate flooring is missing in the kitchen (this is true and was missing when I moved in, ain't clear on the inventory pictures but the description says 'pieces of laminate flooring missing) - so no damage compared to the starting inventory, so no deduction.
She also claims she had to replace the door in the lounge as it was off one of its hinges (also true but again was there when I moved in and she made no effort to repair it, however I didn't push for this repair so I'm partially responsible?) - you're not partially responsible, but you may proof it was like this when you started e.g. mentioned in the starting inventory or a text/email to LL early on reporting the issue. (Technically the LL has the burden of proof that it wasn't like this, but if it's not mentioned in the starting invenotry as broken and you agreed that it covered all the issues, that might be sufficient evidence and you'd have to refute it. she is 'willing to compromise as a good will gesture and return half of my deposit' to me. I'm not sure if she's trying to pay me off because she knows shes in the wrong or doing me a favour.. - probably just another bluff in the hope you'll agree to the settlement so she doesn't have to prove any of her claims. I'm terrible at this. Still no mention in the letter of the deposit protection details something I requested in the first letter! I just want this to be over? Ahh!
Send the Letter Before Action, calmly and clearly stating that
1. When you paid the deposit and how much
2. You haven't received the deposit back and the check out / LL's claims shows the property in better condition than the starting inventory. (be very brief, don't get into a debate)
3. You haven't received the deposit protection cert and PI, so will be claiming for lack of protection.
4. State you will apply to court if this isn't resolved within 10 days. Note resolution = return of deposit + say 1x deposit as penalty, NOT requesting another response/letter.0 -
Thank you everyone for your continued help and support, it's been amazing and I wouldn't have been this bold without you all.
I'm just going to ask one thing and this isn't an ask for a professional opinion, I hate confrontation I take pills for anxiety!!
So that aside in my position
What would you do? Honestly? I have the money to take her to court (if necessary, or rather my dad does (just about!!) I'm just worried that there's a loophole in the housing act I haven't looked at that basically says she's in the right? (Not that specifically but you get what I'm saying) all I can think of is she's gone from 'you're not having any of the deposit this house was immaculate when u let it' to 'I accept it wasn't that clean so I'll give you half' pretty quick so idk!! I forgot to mention earlier that she started the letter with 'sorry it's taken me the best part of 14 days to respond I've been ill with my depression' so as someone who has suffered with mental health difficulties that struck with me0 -
Very unprofessional, the lies about the cleanliness of the property have mostly failed so now she's going for emotional manipulation. She doesn't sound like a depressed person to me.., just a greedy immoral person and that's an undesirable personaliy trait rather than a mental illness!
Keep on with what you are doing. You are doing well. You have every right to take her to small claims.0 -
Thanks those were just a few of the things she picked up on after looking at the house again! Most of which are due to wear and tear or missed in human error (like a fallen nail in the backyard she pointed out for example!!)
I know it's besides the point but this is someone who has 3 other businesses (not property) with a net profit of £89,000 and other properties on top and she's disputing a few hundred pound with me a single working parent with no assets!! Not to play the small violin but really I'm small fish!!
! It would be different if I'd have mistreated the property but I haven't! I just want what I paid into it back as is fair!!0 -
alleycat465 wrote: »What would you do?
Go for it, you're doing great.
Landlady is trying to intimidate/manipulate you (as per phone call as well), and by offering half the deposit back is assuming that will make you go away. Extremely unprofessional and she doesn't know the law.
Don't let yourself be scared off by the fact she has other properties, and don't allow her to make you feel guilty about her mental health, which sounds contrived to me. It's irrelevant in any event.0
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