Please help re flat deposit

hjb123

Are the handwritten bits in different handwriting or the same handwriting?

Either way follow it right through - if they do it once they could do it again! I would carry on and take them to court - write a letter to the letting agents etc to state that.

clutton_2

""- the agency checked out the flat (check-out inventory) with the landladys daughter""

were you not present at the post-tenancy inventory check ? if not, i cannot imagine the judge will like that !!!

lynzpower

Eager learner she sounds so much like one of my old landladys, you wouldnt believe, the randomness of the costs and the full knowledge she did any bits of work needed ( all fair wear & tear) herself. Still tried to keep our money though, the cow.

The private tenancy officer at my Local authority told me that for a deduction from the deposit to stand up in small claims a) they have to prove the damage was willfully or irresponsibly done by tenant ( ie not fairt W&T) and b) that the remedial work was done as cheaply as poss, and that the LL would have to present 3 QUOTES ( not estimates) on headed paper or stationery. She had to prove she chose the cheapest.

Once she knew we knew this she coughed up most of it and we left the rest. but if I were you Id haul her over the coals, its people like this that give others a crap name

EagerLearner

hjb123 wrote:

Are the handwritten bits in different handwriting or the same handwriting?

Either way follow it right through - if they do it once they could do it again! I would carry on and take them to court - write a letter to the letting agents etc to state that.

Hi hjb - they were in different handwriting, but it's clear to us she knows people that will write whatever she wants - she must use the same people for all her 5 properties.

EagerLearner

clutton wrote:

""- the agency checked out the flat (check-out inventory) with the landladys daughter""

were you not present at the post-tenancy inventory check ? if not, i cannot imagine the judge will like that !!!

Hi Clutton - we asked the LA whether we could be present at check-out and were told it was not possible as it wasn't 'standard procedure'. We wanted to be there as we suspected things would 'magically' be wrong with the flat.

EagerLearner

lynzpower wrote:

Eager learner she sounds so much like one of my old landladys, you wouldnt believe, the randomness of the costs and the full knowledge she did any bits of work needed ( all fair wear & tear) herself. Still tried to keep our money though, the cow.

The private tenancy officer at my Local authority told me that for a deduction from the deposit to stand up in small claims a) they have to prove the damage was willfully or irresponsibly done by tenant ( ie not fairt W&T) and b) that the remedial work was done as cheaply as poss, and that the LL would have to present 3 QUOTES ( not estimates) on headed paper or stationery. She had to prove she chose the cheapest.

Once she knew we knew this she coughed up most of it and we left the rest. but if I were you Id haul her over the coals, its people like this that give others a crap name

So do we write to the landlady and cc the LA stating that we reject the amount, and show what we believe a fair payment would be?

If we tell her about the 3 quotes I think she will go off and fabricate these.

I have a spreadsheet ready with her costs in one column, then our proposed costs & the notes as to why we feel the proposed costs are fair.

If we don't attempt to let her know what we feel is a fair amount, won't the judge will say we were not open to negotiation? I don't want the judge to think we weren't prepared to 'talk' before taking her to court...

clutton_2

i may be able to sense that taking court action is possibly scaring you. A good alternative might be to go to your local authority housing department private lettings officer and let him/her take this on for you from now on. It is not up to you to decide how much is "fair".

That would be up to a judge if it did get to court. You have beeen more than fair, having cleaned the flat, and now letting it go on all this time and negotiating with how many txts ? phone calls ? letters ? visits ?

You want your deposit back, all these "repairs" are wear and tear - THAT is your argument. She has not complied with the 3 estimates requirement therefore she is unlawfully holding money from you.

She will continue to wriggle and squirm and NOT refund any money to you until you take some positive action.

just write a short statement for the court and get those papers in !!!

i moved into x address on y date.
i paid x rent in advance i paid y deposit (receipt attached)
an inventory was produced) (copy attached)
during the last 2 weeks x works were done which left x damage
the landlady had already said she was going to replace all the carpets (and whatever other pertinent points apply, but, keep it short)
i gave notice on
i moved on out
i asked to be present at the departure inventory but was refused

i have written 3/4/5/5/6 letters and 3/4/5/5/6/ texts since and 3/4/5/5/6 emails since (copy of one attached) but have still not had my deposit back.

the landlady has written me this letter (copy attached)

i dispute all these costs

i wish to claim return of deposit £x plus costs of £x phone call, visits, etc etc etc as various posters have outline above.

Go do it girl !!!

EagerLearner

Hi Clutton - believe me, I'm not scared of going to court at all - I relish the idea of her squirming in there!

It's just the fact as the LA & landlord have now formally written to us with the (very generic) breakdown, should we formally reply in a letter, stating simply that we do not agree with the amount - the deductions are not fair as most are down to normal wear and tear from 2 people living in a property for 2 years. Then we'd give them 7 days to refund the deposit of £625, or we will file a court claim?

Also, is there a danger SHE might file a court claim against us before we get to file ours...?

PS: My stomach has really been hurting since yesterday - can anyone recommend something to help this?

musey

I agree with clutton's post above.

LLady hasn't handled this well at all. I would not respond to her last letter other to include it in with the particulars of claim as suggested by clutton. Keep the particulars of claim short & sweet, a bulleted list helps lay things out well. It is possible that the LLady will counterclaim for the costs outlined in her last letter the judge will decide what is reasonable and what is not. As she has not follwed the right proceedures then I find it difficult to believe that the judge will find in her favour.

Thank you for updating this thread so regularly, it surely contains excellent information for others in similar situations. Good luck with it & don't give up!!!

EagerLearner

Thanks Musey,

Does that mean that rather than complete the '3 letter process' that we had been advised to follow (we've only done 2 letters to date), we should file a court claim straight away - with no response to the LA/Landlord breakdown, and no written notice to Letting Agent or landlady that we are taking court action?

Also - the 'decorating' was done and 'invoiced' by the same person who lives and owns the c/o address we've always had for the landlady. Should that be mentioned on our court claim?

Re: me updating these threads - I'm doing it to keep sane! It helps... If anyone benefits from this and learns anything that will stop a landlord treating them in this way, I will be very glad.