Please help re flat deposit

EagerLearner

Hi all,

I am off today so have a bit more time.

I have looked through her paperwork again and am feeling a bit better about it all.

The fact that the check-out was carried out on 7th June by the letting agent, and we only received a typed breakdown of costs & receipts on 15th August shows considerable delay. She will no doubt put this down to her 'hospital' etc. But I will bet these hospital appointments didn't prevent her from getting the new tenant in asap.

The fact that all correspondence to the landlord from lhe letting agent is to her old c/o address (and was received by her) is in our favour. Even their statement to her in December showing solicitors costs goes to the old address, to which we tried to write to but correspondence was sent back. We'd like to know why if in August-December she received their correspondence (and cheque which was cashed) why was our correspondence to that address returned/ignored (remember one letter even said 'not called for'.)

Why are we being charged costs that are between her and the letting agent (solicitors costs incurred by the letting agent of their own volition).

Check-out inventory recommendation from agents is only that:

1) Property needs cleaning
2) Tenants should pay 50% of carpet (which we dispute)

Yet the landlady chose to charge us more - to the tune of £696.22 total. Our deposit was only £625, hence her claim of us owing another £75.

She has been helpful by including texts from us in a way, as they show we were trying to get our deposit back.

(Plus she has even included stuff that doesn't relate to when we left - In April she gave us 48 hours to decide if we would pay an extra £80 rent a month (to cover agency fees if she stayed with them and did not rent to a private tenant), or we would have to be out within 4 weeks. We sent her a text asking if the carpets would continue to be replaced or any other improvements would be made if we stayed and paid the extra £80 a month. She said nothing would be done to the flat - that would only be done for a new private tenant.

This shows how mean she is. I remember that day - I had planned a lovely birthday stay in Lewes for Mr EL and we'd agreed with her to stay on in the flat even though it was an extra £80 and she said the carpet would not be replaced, nor any improvements made if we stayed. We only agreed because our property purchase had fallen through and we were between a rock and a hard place. She told us we could sign an agreement with LA next day at 9am, then canceled via text at 8:20 on the day as said she had found a private tenant. We called her asking why she had canceled if we had agreed to sign a new agreement with the extra £80 a month, and it ended up in me getting very upset and putting the phone down on her. I then sent a text apologising for putting the phone down but that we had been good tenants and needed more time to consider the agreement (we had agreed we would pay the extra £80). We still attended at the LA at 9am as had been scheduled, but she had called them and canceled. She has included this text reference in her court details???)

We were given no opportunity to clean that flat after the 7th June check-out inventory.

Most of the comments on the check out inventory say 'dusty' or 'sticky' this and that - all should come under cleaning for maybe £80. Something which is clearly a mark from say a picture hanging for 2 years, has been put down as 'damage' to walls!

irnbru_2

EagerLearner wrote:

Even their statement to her in December showing solicitors costs goes to the old address, to which we tried to write to but correspondence was sent back

Did any court correspondence go to that address?

EagerLearner wrote:

We were given no opportunity to clean that flat after the 7th June check-out inventory.

No-one would be. The point is to be ready for inspection on that day. IIRC you were not permitted to be present at this checkout.

Is it correct that you need need to submit a defence to her counter claim?

AFAICS:

• Solicitor's fee is not applicable as it's between LA and LL
• Damage costs are recoverable via Tax allowance.

Of the remaining items in the counter claim what is still in dispute?

browolf

EagerLearner wrote:

She will no doubt put this down to her 'hospital' etc. But I will bet these hospital appointments didn't prevent her from getting the new tenant in asap.

i would have thought if she's going to start mentioning hospital stays, some evidence should be provided.

EagerLearner

Hi all,

Our 3 x warning letters in August 06 went to her c/o address but were sent back to us unopened (the same address that the letting agent have used up to Dec 06 and have been able to contact her at)

Our court filing was made at her 'real' address - the one she claims to not live at.

The latest address for her is the one she claims she moved to in August/September.

I read yesterday in a book that we must submit a defence against her counterclaim, or she could win by default. I need to ask the court when we can submit this and how much info is needed - we don't want to give too much info away, but then again maybe it's all needed now, rather than bits now and some on the day. She could claim she hasn't had enough time to review it.

EagerLearner

Hi all - just called court - they said we need do nothing now, as for now it has been referred to the judge and we may get an Allocation Questionnaire or Further Instructions sent through - could take 10 days or so from now. Only when we get that, do we need to act.

Either way, there is no rush for us to respond to the paperwork landlady has sent through - we can do that when we get the 'next step' from the court.

barnaby-bear

irnbru wrote:

• Solicitor's fee is not applicable as it's between LA and LL
• Damage costs are recoverable via Tax allowance.

Of the remaining items in the counter claim what is still in dispute?

NOT damage, *FAIR WEAR AND TEAR*, and besides new for old is BETTERMENT

EagerLearner

She calls everything 'damage' in her documentation :rotfl: - a mask that we had hanging from the wall for 2 years left a slight outline mark (very faint) and this was called 'damage to walls'!

The carpet has to be at least 10 years old and she already planned to replace it as she had said it was worn and looking tired - should we mention this when we file our response? She measured up for it in May and we left in June. When she measured up in May there is no way she could have seen the purported 'damage' to carpet as it had all our furniture and rug all over it - she just knew it needed replacing because it was ancient!

Also - important - the invoices etc she has submitted this time vary to the ones we had in August. She has missed out the IKEA website printouts, the window cleaning receipt, carpet estimate and general cleaning receipt.

The only copy invoices she has included in this bundle are:

- Blinds being fitted by Gloria - £35
- Replacement cover for radiator - £98

Bizarre!

For some reason she also included the T&C's between her and the letting agent???

prudryden

You should present a case rebutting each of her counterclaim. You probably should send her a letter to that effect with a copy to the court for their files.
Again, the judge will want to know that both parties attempted a settlement before arriving at his court. It works a bit different in this country than in the US, where the legal system is adversarial. I.E. you hold back evidence as a surprise.

Did the LA agree a mutual convenient date with you for the Check Out Inventory/Condition report? In fact, did he even notify you the date of the Inspection. It should state in your contract that you or your professional inventory clerk have a right to be there.

EagerLearner

Hi pruryden - the main points of her counterclaim are:

- That we are attempting to discredit her as a landlord
- That wear and tear was taken fairly into consideration
- That illness and electrical contractor caused delay of breakdown of costs
- That letting agent attempted to resolve this matter (says see correspondence enclosed, but nothing enclosed) - she must mean the 11th September letter, which was too late as we'd already filed the court claim then. Her offer to negotiate also shows a) she knew we were unhappy and b) that her deductions had been too high.
- That damage done to property exceeded £625
- That a £470 contractual cost was incurred as a result of Claimant unecessary court action in attempting a double recovery (we didn't attempt double-recovery - the last case against LA was dismissed and no costs awarded, so she can't pass on the LA solicitors costs to us!)

Total claimed says £546.12

Then £65 + £80 court costs


The letting agent did not agree a date with us for the inspection, we asked to attend but were told we could not. Nor did they contact us after the inspection - we had to continually chase them and even attend their offices to get an 'idea' of the possible deductions landlady had in mind. They would not show us the check-out inventory breakdown but did say verbally that all they could recall was some cleaning fluid on oven and the mark on the radiator. At that meeting they said we would have to wait for landlords official breakdown, which we eventually received on 15th August, the same day they posted her cheque to her.

Gabs_3

The only aditional point I think you need to include is tat as she had major work done to the bathroom during the final weeks of your tenancy, isn't it more reasonable to assume that any damage to door frames etc was done by this rather than your normal day to day living.