Please help re flat deposit

clutton_2

excellent - but dont offer any monies, that is what the court will decide. make it a good bit shorter, judges love short pleas !!!!!

EagerLearner

Good but shorter is my aim - if anyone can tell me what to cut and what to amend I'd be a very happy bunny - then when the court claim bit is tied up, I'll show you the 3rd letter we plan to send with it.

I guess they will have to go tomorrow now, but that's fine. it will be such a relief...

EagerLearner

Hi all - as per suggestions this is the revised text we plan to present:


Summary:

The claim is brought due to failure of the landlord to return a rental deposit relating to an Assured Shorthold Tenancy Agreement. We have made several requests for the return of deposit, to no avail. 10 weeks after check-out we have been presented with purported expenses lacking in detail, which even if genuinely incurred, are in relation to pre-existing condition of the property, or wear and tear and maintenance issues during 2 years of tenancy. We believe the landlord is attempting betterment of her property with our deposit funds.

• We moved into x address on 29th April 2004.

• We paid £540 rent in advance and paid £625 deposit (receipt attached) to the letting agent.

• A check-in inventory was produced) (copy available)

• We paid rent on time every month for the 2 years via Standing Order

• During the last 3 weeks of our tenancy, bathroom works were carried out by landlord which left cleaning to be done and disturbed our quiet enjoyment of the property.

• At least 4 weeks before we moved out, the landlord stated she was going to replace all the carpets in the flat as they were ‘old and dated’.

• At least 4 weeks before we moved out the landlord had stated she was going to modernize and ‘bring the flat up to date’ so it would be ‘more appealing to young people’.

• We were given notice on xxxxx as the landlord wished to let the flat privately

• We checked-out on 4th June 2006, having fully cleaned the property and returned keys

• We asked the letting agent to be present at the departure inventory but were refused

• We have written 3 letters to the Landlord and 6 texts since 4th June 2006 but have still not had our deposit back.

• The only address Landlord and Letting Agent would supply us with was a c/o address which also happens to be the address for one of the invoices she has submitted.


• The landlady has sent us a breakdown of proposed costs (copy attached), many of the claimed deductions are for items which were present on our original check-in inventory, and the remainder of her proposed costs we consider to be down to fair wear and tear as no purposeful damage was done to the property during our 2 years of tenancy.


Should we cut or amend anything?

ali82

Hi Eager Learner!

Sorry you have gone through this tough time.

Don't engage in any more correspondence with her, she is a fool and greedy, make this you lat letter then file your claim through https://www.moneyclaim.gov.uk don't forget you can also add a extra 8% interest of your £865 due to the county courts act. For her greediness it looks like she will have to pay up and extra £300!

So you advice to others would be get an address and take before and after photo's?

GOOD LUCK!!!

EagerLearner

ali82 wrote:

So you advice to others would be get an address and take before and after photo's?

GOOD LUCK!!!

Hi there - thanks - and yes my advice would be exactly that! Also a very comprehensive check-in inventory!

EagerLearner

Hi all,

Apart from the landlady, we now also have to respond to the letting agent re thair claimed amount of £50 odd (due by 23rd August) - what do you think about:


“Thank you for your letter dated xxxx. Please note that we contest the charge you have mentioned in the letter for £xxxxx, as to date we have fully paid all genuine invoices and mutually agreed charges presented to us by yourselves.

The last invoice received by us from yourselves for £xxxxx was received on xxx November 2005, fully paid for on xxxxx with our cheque N° xxxxx. Furthermore, your recent charge mentioned in the letter of £xxxxx has been presented by Parks 2 and a half months out of contract.”

clutton_2

""Thank you for your letter dated xxxx. Please note that we contest the charge you have mentioned in the letter for £xxxxx, as to date we have fully paid all genuine invoices and mutually agreed charges presented to us by yourselves.

""The last invoice received by us from yourselves for £xxxxx was received on xxx November 2005, fully paid for on xxxxx with our cheque N° xxxxx. Furthermore, your recent charge mentioned in the letter of £xxxxx has been presented by Parks 2 and a half months out of contract.”

i think she is getting the hang of this complaining malarky !!!!

Mrs_pbradley936

Hello,

I still think your first sentence should read "The claim is brought due to failure to return a rental deposit relating to an Assured Shorthold Tenancy Agreement". My reason for the wording is so that the Court can decide who should be giving you your money i.e. the landlady or the agents I am assuming you paid the agents and they gave your money to her. I think they overstepped the mark by doing that and if a court thinks the same they can order the agent to refund the money. The agents I use hold the deposit money and only ever give me money for damages incurred BUT I do not know if that is law or just good practice. If I had been given the money already I might be tempted to invent bogus damage so I could keep it.

Mrs_pbradley936

See if you like this:

The claim is brought due to failure to return a rental deposit relating to an Assured Shorthold Tenancy Agreement . We have made several requests for the return of deposit to no avail. Instead some ten weeks after check-out we have been presented with purported expenses, which even if genuinely incurred, relate to wear and tear and maintenance issues which are not our responsibility. We believe the landlord is attempting betterment of her property with our deposit funds.

• We moved into x address on 29th April 2004.

• We paid £540 rent in advance and paid £625 deposit (receipt available) to the letting agent.

• A check-in inventory was produced) (copy available)

• We paid rent on time every month for the 2 years via Standing Order

• During the last 3 weeks of our tenancy, bathroom works were carried out by landlord which left cleaning to be done and disturbed our quiet enjoyment of the property.

• We were given notice on xxxxx as the landlord wished to let the flat privately

• We checked-out on 4th June 2006, having fully cleaned the property and returned keys

• We asked the letting agent to be present at the departure inventory but were refused

• We have written 3 letters to the Landlord and 6 texts since 4th June 2006 but have still not had our deposit back.

• The landlady has sent us a breakdown of proposed costs (copy available), many of the claimed deductions are for items which were present on our original check-in inventory, and the remainder of her proposed costs we consider to be down to fair wear and tear and maintenance as no purposeful damage was done to the property during our 2 years of tenancy.

EagerLearner

pbradley936 wrote:

Hello,

I still think your first sentence should read "The claim is brought due to failure to return a rental deposit relating to an Assured Shorthold Tenancy Agreement". My reason for the wording is so that the Court can decide who should be giving you your money i.e. the landlady or the agents I am assuming you paid the agents and they gave your money to her. I think they overstepped the mark by doing that and if a court thinks the same they can order the agent to refund the money. The agents I use hold the deposit money and only ever give me money for damages incurred BUT I do not know if that is law or just good practice. If I had been given the money already I might be tempted to invent bogus damage so I could keep it.

Thanks P - the agent holds our money, she doesn't have it yet.