Please help re flat deposit

MJMum

any decent landlords who want good tennants for a 1 bedroom flat in Brighton

No, but if you were willing to move up the A23 to Crawley, I might be able to help - PM me if of any interest.

EagerLearner

Thanks Irish & MJMum - still looking for flat & no news re next court steps yet - waiting for something to drop on the doormat.

In terms of new flat - as the new Tenancy Deposit Scheme regulations change on 6th April 2006, we may have to ask our landlord whether he can start his works around then instead of 1st April for example. It means if we were to move now, we may get stung because the new rules are not in place now. So we will prob wait until mid March to look for a flat.

Sadly it will have to be in Brighton MJMum as we have no car - thank you though :T

clutton_2

EL - for the same of 5 days, cannot imagine your current landlord worrying. there are nearly always a few days difference in between moving out and moving in.


But, as i am sure you remember, you cannot be forced out if you have no where to go anyway, but, keep talking to your landlord and keep him in the picture. Maybe he knows of another landlord in the area who has an empty property ?

EagerLearner

Thanks C - it's a while away so not woo worried right now - at least here in this flat we know he is a decent landlord and will give good refs, then in April will get a new place unless something really amazing with great landlord comes along in the meantime. If we sign up to a new flat in early April we will be more likely to be protected by the new tenancy laws, and strangely enough, that's a big thing for us this time round :rolleyes:

Sadly our current LL works in London all day and doesn't know anyone local with a property - he did say he will give us excellent refs etc.

jennynoo

Oh my goodness!! I have just spend the whole day reading this story! Didn't get any work done so have had to bring some home with me to do over the weekend :eek: Also haven't had any dinner :eek:

This story, even without a conclusion is inspiring. I'm just about to send letter number 2 to my ex-landlady who has kept £560 for damage to a sofa - the leather on the arms saggs - not sure if this is wear and tear - but sofa was second hand so definetly going to persue things further. We didn't do a check in or check out inventory though and don't have any evidence so a bit scary.

I'm going to keep reading this threat and hope to hear very good things soon!

Good luck with the court hearing and getting a new flat.

Kinnairdy

Hi EL,
Just echoing everyone else in wishing you well for a successful and just outcome.
A bit off topic but it occurs to me you have learned one helluva lot about the letting business & Tenants rights since this started and it would be a terrible shame to let it all go to waste when this is over, perhaps you should consider producing a general guidance booklet or Ebook for other Tenants who are having similar difficulties, having all the info to hand rather than having to spend fruitless hours/weeks searching the web for bits & pieces as you have so obviously had to do. I believe people would happily pay a reasonable fee to obtain such a guide. Just a thought.
Blessed Be

EagerLearner

Hi Jennynoo & Kinnairdy - sorry to keep ya from work Jennymoo - you shouldn't have to bring work home with you because of me - that's not the weekend I wish on anyone... Thanks for joining in and best of luck with your landlady - she's going to try and buy a shiny new leather sofa with your money! Have you contacted your local Citizens Advice Bureaux? You may also get free advice from 0845 456 6815 (Dawn Advice Ltd)

Kinnairdy - would love to do that ebook idea except I am not too techie and wouldn't have a clue where to start. Plus the main things I have learnt is that tenants have no rights and the process is very scary. I don't know if I could write a book on it, but maybe. Besides, like Thrifty Ways For Modern Days, it would be an ebook based on collective knowledge from here

musey

jennynoo wrote:

This story, even without a conclusion is inspiring. I'm just about to send letter number 2 to my ex-landlady who has kept £560 for damage to a sofa - the leather on the arms saggs - not sure if this is wear and tear - but sofa was second hand so definetly going to persue things further. We didn't do a check in or check out inventory though and don't have any evidence so a bit scary.

If there was no (signed) check in inventory your LLady does not have a leg to stand on! How can she prove that you caused any damage to the sofa if she cannot prove what condition it was in when you moved in? Answer is she can't! The burden of proof is on her.

I would go for a final letter giving 7 days (14 if you're feeling charitable) for full return of your deposit before you begin court proceedings. If you give 14 days I would after 7 days print off prepared paperwork for your claim and post them to her with a gentle reminder that if the deposit is not received by XX date you will submit the claim with no further correspondance.

I say this as a landlady myself. I abhore those who prey on people's lack of knowledge of the law to better their properties.

furndire

[QUOTE

I say this as a landlady myself. I abhore those who prey on people's lack of knowledge of the law to better their properties.[/QUOTE]

Well said Musey ~ same here ~ they make you sick.

barnaby-bear

musey wrote:

If there was no (signed) check in inventory your LLady does not have a leg to stand on! How can she prove that you caused any damage to the sofa if she cannot prove what condition it was in when you moved in? Answer is she can't! The burden of proof is on her.

I would go for a final letter giving 7 days (14 if you're feeling charitable) for full return of your deposit before you begin court proceedings. If you give 14 days I would after 7 days print off prepared paperwork for your claim and post them to her with a gentle reminder that if the deposit is not received by XX date you will submit the claim with no further correspondance.

I say this as a landlady myself. I abhore those who prey on people's lack of knowledge of the law to better their properties.

Errr have you *read* more than page 1, yes there was an inventory, yes there were multiple warning letters, it's gone to court several times and is very complicated.

67 pages and 1332 posts complicated