Please help re flat deposit

EagerLearner

Thanks everyone - trying not to think about it til Monday. Have wine and cheese crackers, plus lovely treat - blue cheese! I know it might not be to everyone's taste but yum, yum...!

I am very stubborn, have no fear, I won't be giving up that easily - she'll rue the day she crossed us!

Edna_Bucket_2

clutton wrote:

i think the landlady is solely responsible for all this - whether she has used an agent or not. The court has said the LL owes you money, dont waste your time pursuing the agent - they presumably have the legal team of their professional body (ARLA or somesuch) behind them - you will not win with the LA.

I agree with clutton, simply because that sits with the Court judgement. Were it not for that, my own line to LA would have been - "So what?" "More fool you" or "that's your problem not mine."

My view would have been that as you gave them the money not the LL the contract was with them - what they allege they have done with the money is irrelevant.

To make their lives difficult though I would at least tell them that they need to tell the Court this, not you, and of course provide documentary evidence to prove it, etc, etc.

Then do as suggested before - get the charge you're owed set against her property so it can't be sold without all parties involved knowing that you have a claim on that money from it.

littlesaint

To cheer yourself up, imagine what she's thinking now.... She's thinking "oh crap, i've got to pay out £700 to my former tenant. I wonder when the court are going to catch up with me? How long can I prolong this? What will happen next?" She's probably having kittens right now!

purplegrape

Thanks EagerLearner. The keys went back to the LA Weds and I've been advised that if all is well after the exit inspection we should get the deposits back within 28 days. I must check my contract - I think they've put in a clause that says 14 days maximum! (Odd!) We had a pre check out inspection (first I've ever heard of one!) that went really well - just told to clean the fridge and that it was probably the cleanest place they'd seen. (Phew!)

We've left the flat in better condition that when we first moved in but we forgot to get a list of the faults in the flat when we took it over from the previous tenants. Fingers crossed it doesn't bite us.

EagerLearner

Hi all - I have spoken to the legal advice line (0845 456 6815) again and they pretty much said there is nothing we can do now as we don't have her new address so we can't proceed with Warrant Of Execution (Bailiffs) or Third Party Debt Order (re LA and the money she gets each month for rent).

We can't do a charge against her property as the claim is under £1k and the court would almost 100% sure not do it according to the legal helpline.

The letting agent have no obligation to give her address now as they no longer deal with us and have given her back the deposit. I am faxing them but I doubt they will be helpful as she's still doing business with them.

We now have to rely on her showing up on public records in a few months and have 6 years to claim the debt, whopdee-dooo.

hjb123

Oh dear, thought there would have been something that could be done when you have a court order for the money.

clutton_2

how disappointing for you - but the new electoral roll is currently being compiled, and she has to register by law, once she is on there - maybe that will help

Can you go back to the court and ask for further expenses you have spent in pursuiance of this claim, thus getting it up to theh £1001 mark ?

irnbru_2

EagerLearner wrote:

we don't have her new address

Are you sure she's moved?

EagerLearner wrote:

The letting agent have no obligation to give her address now as they no longer deal with us and have given her back the deposit.

What did your contract state about the LA? I would have thought that you have a case against your LA for breach of contract in returning your deposit w/o check the veracity of the LL's claim.

irnbru_2

clutton wrote:

the new electoral roll is currently being compiled, and she has to register by law, once she is on there - maybe that will help

AFAIK, you have the option to remove yourself from the public list.

EagerLearner

irnbru wrote:

Are you sure she's moved?



What did your contract state about the LA? I would have thought that you have a case against your LA for breach of contract in returning your deposit w/o check the veracity of the LL's claim.

The newsagents below our old propery AND the letting agent have both indicated she was moving and now has moved.

The landlord provided 'receipts' and 'invoices' to the letting agent (even though most handwritten) so I am sure the LA & the Landlord are covering their tracks there. They are on her side, it's pointless.