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  • FIRST POST
    • Tacosss1985
    • By Tacosss1985 14th Jul 17, 9:29 PM
    • 10Posts
    • 0Thanks
    Tacosss1985
    Expired tenancy my rights?
    • #1
    • 14th Jul 17, 9:29 PM
    Expired tenancy my rights? 14th Jul 17 at 9:29 PM
    Ok so hi everyone I've looked here before but never joined, I really need help
    So I'm moving out my house private rented and into a new one. My tenancy with my current home expired last year and the landlady never bothered with a new one despite me saying it was in both our interests. I've written a 4 week notice letter but she's on holiday so won't receive it yet (I didn't know this until I spoke with next door whose house she also own) my house question is does my notice still stand? From when I sent it?
    Also I have a deposit of £500 to get back but the carpets need replacing this is due to rats getting in 3 times and mucking up with their paws, I paid for private pest control once but I don't think they are reason to keep my deposit?? I can't control the holes in the property on the outside which is how they get in and despite me paying £164 in pest control and them making recommendations to pest proof she never did
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    • alleycat465
    • By alleycat465 25th Aug 17, 6:02 PM
    • 25 Posts
    • 22 Thanks
    alleycat465
    Hey just an update I haven't sent the second letter yet thought I'd give her the 14 days to be reasonable!
    I got a call today private number went through the whose this etc, claimed to be her legal rep (gave me a name probably fake) and to inform me that she was transferring all assets to her husband due to ill health. I said 'ok I'm still going to pursue wish her well for me' and I hung up
    I don't believe the call to be from a legal rep but even if that was true her husband is named on the tenancy as a landlord it says 'tenancy agreement between myself and his name and hers. so pretty sure he's liable too! what a drama this is turning in to!
    • G_M
    • By G_M 25th Aug 17, 7:47 PM
    • 41,937 Posts
    • 48,546 Thanks
    G_M
    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).
    Last edited by G_M; 25-08-2017 at 7:50 PM.
    • alleycat465
    • By alleycat465 25th Aug 17, 8:26 PM
    • 25 Posts
    • 22 Thanks
    alleycat465
    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 letter
    • G_M
    • By G_M 26th Aug 17, 11:49 AM
    • 41,937 Posts
    • 48,546 Thanks
    G_M
    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.
    • alleycat465
    • By alleycat465 31st Aug 17, 5:58 PM
    • 25 Posts
    • 22 Thanks
    alleycat465
    And so the drama continues ffs!!
    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!
    • GrumpyDil
    • By GrumpyDil 31st Aug 17, 9:24 PM
    • 104 Posts
    • 58 Thanks
    GrumpyDil
    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.
    • saajan_12
    • By saajan_12 1st Sep 17, 9:47 AM
    • 962 Posts
    • 652 Thanks
    saajan_12
    And so the drama continues ffs!!
    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!
    Originally posted by alleycat465
    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.
    Last edited by saajan_12; 01-09-2017 at 9:51 AM.
    • alleycat465
    • By alleycat465 3rd Sep 17, 1:00 AM
    • 25 Posts
    • 22 Thanks
    alleycat465
    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 me
    • deannatrois
    • By deannatrois 3rd Sep 17, 1:09 AM
    • 4,849 Posts
    • 6,812 Thanks
    deannatrois
    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.
    • alleycat465
    • By alleycat465 3rd Sep 17, 1:41 AM
    • 25 Posts
    • 22 Thanks
    alleycat465
    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!!
    • Jenniefour
    • By Jenniefour 3rd Sep 17, 10:23 AM
    • 1,218 Posts
    • 1,246 Thanks
    Jenniefour
    What would you do?
    Originally posted by alleycat465
    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.
    • baldelectrician
    • By baldelectrician 3rd Sep 17, 11:03 AM
    • 2,124 Posts
    • 1,322 Thanks
    baldelectrician
    She did not appear to have mental health issues when she
    • failed to protect the deposit
    • lied about the deposit protection
    • lied about the repairs / lack of repairs
    • lied about the cleanliness of the dwelling
    • decided she saw you as a soft touch and thought she could walk over you
    remember (as others have said) this is appears to be an open and shut case


    Do as others have suggested and apply for the deposit through court and the penalty. Then you will have some lee way if there are any deductions


    The small claims are really informal- I have done it here for builders that don't pay and you state your case and they state theirs.
    The court makes a decision- it is like telling your side then they tell theirs.
    It's not Rumploe of the Bailey, it's more like Jackanory


    You have the more convincing case- she is clutching at straws


    It all boils down to one thing- if you let this woman walk over this you are depriving yourself (and your kid) of a few hundred quid that may just come in time for Christmas- the equivalent of 4 x the deposit [one refund and up to 3 x penalty]
    She will also try it on again and again


    If you win you will be better off and she will be concerned her other tenants seek repayment of deposits (you could keep them informed if you win )
    baldly going on...
    • alleycat465
    • By alleycat465 3rd Sep 17, 1:06 PM
    • 25 Posts
    • 22 Thanks
    alleycat465
    Thanks for the continued support and advice. She does see me as a soft touch because I have been in the past for example when my boiler broke down she avoided me for 3 weeks! I probably called her once a day ish but a lot of people would have pushed harder.
    I know how lame I sound I just really hate confrontation and this all feels very confrontational!
    I felt a twinge when she mentioned depression, But my dad reminded me that she wasn't thinking about my health when she decided to do this
    • alleycat465
    • By alleycat465 7th Sep 17, 12:37 AM
    • 25 Posts
    • 22 Thanks
    alleycat465
    Quick update, i sent her a letter in response. Basically disputing the costs she is trying to claim for. I've included a copy of the receipt for the deep clean my dad paid for when I moved in, stating that the property was in similar if not better condition when I left it to when I moved in. Referred to the original inventory for the other claims (she has a copy because I sent her one with my first letter) and saying in a nice way that the money I'm owed is not open to negotiation and she has 10 days to pay it before I take it further and I've also put 'my legal advisor has encouraged me to inform you of the penalty that becomes payable by yourself for non protection of a deposit, should this go any further' something like that, fingers crossed she pays up!!
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