Please help re flat deposit

EagerLearner

Hi Gabs - thanks for your post - yes that's the thing - one of the photos she has shown is damage to the bathroom wall frame which would have more likely been caused when they removed the old bath or installed the new one - we weren't present during the works so we don't know what went on. Plus we didn't monitor every little thing during that time - the place was dusty enough and so much upheaval, not being able to bathe etc that we just wanted it to be over and done with and have a new bathroom and the contractors out of there.

EagerLearner

Hi all, just to let you know I have spoken to a reporter at the Argus who is going to monitor this case and I have also given her the address for this thread to show the levels of interest there are in how this story ends, which hopefully will be in 4-5 weeks time.

SteveCat

My advice on this is you should attend court with you counter claim/reply in place(if asked for) and bare evidence to the Inventory that i guess you have from the start. Under these circumstances its very hard to claim for anything beyond that document providing its binded by yours and the Agents signatures. Claiming for wear and tear and such like mainly does not get taken seriously in court regarding these matters. It is expected with any Tenancy under any period. Removing fixtures and fittings, causing damage and loss of rent etc certainly can be. If you have the binded Inventory then i feel you'll be ok providing you have not signed anything which could trigger these claims. If you're certain you have not then i would certainly put all my weight behind the Inventory as your response. Be careful if you are successful that other stuff from you Landlord may emerge or has not been diclosed yet. Normally when these situations occur a Landlord is out for all they can get. These issues she has really fall at the Agents door though considering under there terms they should have inspected the property on regular occasions. Did they do this and if so do you have the copied reports that were forward or remain on file for the Landlord? This maybe another angle you could take, certainly if what she is claiming is not documented on regular checks.

barnaby-bear

EagerLearner wrote:

- 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???

She can't charge for replacement total cost even if you acknowledge damage - that's betterment, print out arla case studies and guidelines on betterment.

barnaby-bear

EagerLearner wrote:

Bizarre!

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

I can guess why that it.... :rotfl: :rotfl: :rotfl:

The LA have charged her for the solicitor and something in their T&C mean they can, so she's trying to reclaim. i.e. she's out of pocket :T :T :T

Important to stress, not double claim but because agent and landlady failed to provide servicable address as legally *quote the law*

barnaby-bear

EagerLearner wrote:

Hi all, just to let you know I have spoken to a reporter at the Argus who is going to monitor this case and I have also given her the address for this thread to show the levels of interest there are in how this story ends, which hopefully will be in 4-5 weeks time.

Hope they don't do anything before the case

EagerLearner

No, they won't - they are just reading up on it for now and only want me to call again when we have a court date set up.

clutton_2

""she gave us 48 hours to decide if we would pay an extra £80 rent a month""

this just shows what a !!!!!! landlady she is - this is utterly illegal also.

EL - i have just received my Allocation questionaire in my case, and it will cost me a further £100 to submit my reply to his defence to the court.

However, i am thinking about asking my "oppo" to come to Mediation (01823 442 671). This will be him and me and a mediator sat in a room (costs £50 per hour per party) trying to solve the matter. If you were to offer her mediation, and she agreed, and an agreement is reached, and she agrees that she owes you money and then this money is not returned to you by the time agreed with the mediator (like now, 2 days, next week) you can take that agreement back to the court, and they will take that into account when they make their judgement.

If you offer her mediation and she refuses to attend - this will look even worse for her.

I am sorely tempted to do this in my case, as it will stop all the huge amount of report-collation, detail-gathering, and form-filling etc and all the time waiting for court dates and responses.

i have just called the Mediation people, and they said if you write to her and she agrees to meet, the meeting could take place within a few days. I do not know if the court could ask her to go to mediation, as not all courts do - but worth a shot i would have thought. If you do this, you will need to keep the court informed as to your actions, and ask for an extension of time for the Allocation Q.

Another avenue - which may speed things up - but it may cost you £50 - and she still does not agree - but it will make her look even worse in court .....

RabbitMad

EL - I am not 100% sure of the court process but I think all evidence needs to have been provided in triplicate 2 weeks before any hearing or it is inadmissible.

When I sued my landlords letting agent I had to make 3 copies of all documents - each clearly labeled with a reference number (although that may have been more for my benefit because it made it easy to refer to it) and provide 1 to the court and 1 to the defendant at my cost.

On the day in court the landlords agent turned up with a file 2 inches thick even though no documentation had been provided to me prior to that date and the judge said that it was all inadmissible and had I sued the correct person they would not have been able to use any of it.

What I am basically saying is that all evidence you may wish to refer to has to be provided prior to the court case. Therefore include a copy of any reciept she's already given you, hoepfully she'll provide a different reciept for the same expense and that will show the judge he's dealling with a fraudster.


I just need to vent my frustration at her counter claim so here goes:
I think Her counter claim is rubbish:
"-That we are attempting to discredit her as a landlord" - No your not you just want what is rightfully yours.
"- That illness and electrical contractor caused delay of breakdown of costs" - Not your problem. Did she inform you she was ill, did she let you know there would be a delay because of this?
"- That letting agent attempted to resolve this matter " - 3 letters to her address all returned unopened even though the letting agent sent their letters there.
"- That a £470 contractual cost was incurred as a result of Claimant unecessary court action in attempting a double recovery" - It wasn't unnecessary and they had ceased to communicate with you and you werent double recovering.

There I've said me piece and feel better.


Good luck, my fingers are crossed for you. and shelfish as this sounds I'll be a bit sad when this is all over. Checking this thread has been the highlight of my working day for the last month or so. I appreciate that EL probably doesn't feel the same way.

EagerLearner

Thanks C - ugh, another possible £100 would really make us spit feathers - I really hope that doesn't happen.

I think your option sounds possible IF we get an allocation questionnaire (we may not) - good luck if you go ahead with yours!

I think within the next 10 days we will know what the court wants to do next.