Please help re flat deposit

EagerLearner

Thanks Irnbru - written correspondence only then and those 2 points for the court - if it comes to that.

If she calls OH today then maybe he'll still talk to her as she hasn't had the letter yet. If she only texts he won't respond.

Just posted the letters via Special Delivery, a weight off our back :T

Murtle

Doesn't matter if she has received the letters or not, stick to your plan not hers. She may not know your plan, but tough luck to her! If she calls, ensure your other half advises her to just send the details through in a letter. If he does talk to her, make sure he writes EVERYTHING she says done, then send that to her in a letter (special delivery) in a just to confirm this is what you said and meant fashion.My goodness she is aloof......M

Kzlnd

I don't think you or your OH should speak to, or discuss anything with her if you have proceeded with the letters. There's no formal record of a telephone conversation and anything said would be he said/she said, it would amount to nothing.

If she does call or text, simply refer her to your letters and continue to do so until she hangs up. If she wants to discuss anything, ask her to do so in a letter. I wouldn't allow her to start conversation otherwise you may just end up back where you started.. Seems she has had sufficient time to do this and didn't bother to, so why should you waste any more of your time?

I do hope you get it sorted! :j I have a feeling we may be in this position soon :eek:

EagerLearner

True - we will not talk to her at all, best way really as she's had p-l-e-n-t-y of time now.

For others info, I found this site really useful - good chatboard on there just about lettings/rental property: https://www.landlordzone.co.uk - it's not just for landlords.

For the record, and Kzind especially if you think you may be heading this way too - here's the step by step advice I was given on the above site:

"1 - I would first write a letter outlining that the LL has 7 days, (say Saturday 12th if you send it tomorrow) to provide you with a detailed list of what has been done to the property along with associated receipts or estimates. Keep the letter simple and to the point, try and not be insulting or difficult (I know its hard). I would send this letter both to the letting agents and to the LL. As you don’t know her address, serve it c/o the letting agents for them to forward.

2 - If she doesn’t reply send another letter outlining your concerns that it has now been over two months and the deposit hasn’t been returned or a list of intended deductions with receipts received. Give her another 7 days. In this letter mention if you don’t receive either the deposit or the required information you will take the matter to the county court. Again send this to the letting agent and the LL care of the letting agent.

3 - If you still don’t get a satisfactory response send a final letter headed Letter Before Action, again state you want the deposit to be returned or a list of intended deductions and receipts and enclose a completed copy of the county court form N1 (available to down load on the web). At this point it doesn’t need to be signed by the court. Make sure you put in the letter that you will submit this to the county court without further notification should you fail to receive a satisfactory response. Give her a further week to respond. Send a copy to the Letting Agents and the LL copy C/O the letting agents again.

4 - You will then have to carry out your threat (at a cost of £80) and submit it to the county court. I would take both the letting agents and the landlord to the county court, it costs no extra and will cover all your bases.

By the way was the deposit held by the letting agents throughout the tenancy as a stakeholder between yourself and the LL? If so they would need your permission as well to pass it on to the LL.

If what your saying is correct and the LL has completely renovated the property at your expense, the court would consider this as betterment and frown upon it.

Its essential that you carry out your threats and follow the 3 letter procedure."

angelface

i tell you what, I KNOW my landlord is planning to keep our deposit when we leave (he's already told me he is 'short of money' so can't help with essentials such as opening windows that have been painted closed or the dangerous bluey green mould that is creeping around the house - (he told me to ventilate house - HOW - the windows don't open!!)) and after reading your horror story I'm thinking a midnight flit is the best way!

liz545

I'm currently going through this with my former landlord - it's been 6 months since we left, and he has £1350 of our money! We're in the process of taking him to court, and it's really stressful. My advice is if you do manage to serve your LL with papers, *don't* contact them *at all* before trial. If she doesn't acknowledge the action, or file a defence you can apply for a judgement by default. We made the mistake of (via a legal advisor) contacting ours two days before his deadline to respond, to see if he'd be prepared to settle. He went through his usual routine of delaying and denying responsibility, and wasn't interested in settling. He filed an acknowledgement on the same day - if we'd waited two days we could've applied for a judgement in default, and claimed the whole amount back, plus court costs and interest. If your LL is as useless as your messages suggest, she may well neglect to respond to the court within the 14 day deadline!

Good luck - hang in there!

EagerLearner

angelface wrote:

i tell you what, I KNOW my landlord is planning to keep our deposit when we leave (he's already told me he is 'short of money' so can't help with essentials such as opening windows that have been painted closed or the dangerous bluey green mould that is creeping around the house - (he told me to ventilate house - HOW - the windows don't open!!)) and after reading your horror story I'm thinking a midnight flit is the best way!

Eugh - sounds nasty! Now, I wouldn't condone any bad actions on your part... but if you do find the need to get up at midnight... :shhh:

EagerLearner

liz545 wrote:

I'm currently going through this with my former landlord - it's been 6 months since we left, and he has £1350 of our money! We're in the process of taking him to court, and it's really stressful. My advice is if you do manage to serve your LL with papers, *don't* contact them *at all* before trial. If she doesn't acknowledge the action, or file a defence you can apply for a judgement by default. We made the mistake of (via a legal advisor) contacting ours two days before his deadline to respond, to see if he'd be prepared to settle. He went through his usual routine of delaying and denying responsibility, and wasn't interested in settling. He filed an acknowledgement on the same day - if we'd waited two days we could've applied for a judgement in default, and claimed the whole amount back, plus court costs and interest. If your LL is as useless as your messages suggest, she may well neglect to respond to the court within the 14 day deadline!

Good luck - hang in there!

Very good point - we shall not act as a reminder service . However, she's quite a mean person so I doubt she'll forget about responding and allow us to get all the money...

Before 10am tomorrow she'll have had the letter, depends whether she sees it that day or not. I imagine the other woman will open it and call her to let her know the contents.

We'll get ready for the barrage of nasty calls now then. Hmmmm, too hot to wear earmuffs - but it will be soooooOOoooooOOooooo satisfying to press that 'cancel' button as soon as her name comes up!

Murtle

Also take photos of the property before you leave to show how it looks. Be objective, good and bad. If they are imporving the property now, start taking the pictures now!! This is how we lived in it, this is what they did before we left.....Grrrrr unscrupulous landlords are the worst, I remember not paying my last months rent.....they chased us for it in the last week we were there....needless to say we didn't pay it.....for similar reasons to those on here....not that I am condoning that....in fact it's very naughty......

mcbutler1962

I am a landlord with a large portfolio, housing a lot of people, both on benefits and the better off.
In regards to a contact address on the AST agreement I along with most Landlords do not put our home addresses. Do we really need to explain why?
In my early days in this business I had one freak knock on my door and threaten my wife and 3 yr old daughter with violence because I put his rent up £5 after 3 years with no increases. Yes I evicted him and posted his name and details on the local Landlords register of troublemakers (something to think about if your renting).
I personally use an office address (empty room in one of my buildings) some use PO Box.

Please do not tar us all because of your experiences and DO NOT USE AN AGENCY it costs you more and you gain nothing.

If your looking to rent in Plymouth give me a shout.....