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Please help re flat deposit

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  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    """She measured up for carpets 3 weeks before we moved out"""

    did you allow her into your flat to do this work, or did she do it in your absence ? if so that is a breach of the legal right to "Quiet Enjoyment" - NO ONE (not even the CORGI gas man) has legal right of entry to a BTL property other than the tenant - except for emergencies and the courts would classify these as gas leak, or water leak.

    its landlords like this that give us good landlords a bad name.
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite

    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.....

    Of course - I know there are good folks out there - but as you can see - this laydeeeee is not one of them...
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    clutton wrote:
    """She measured up for carpets 3 weeks before we moved out"""

    did you allow her into your flat to do this work, or did she do it in your absence ? if so that is a breach of the legal right to "Quiet Enjoyment" - NO ONE (not even the CORGI gas man) has legal right of entry to a BTL property other than the tenant - except for emergencies and the courts would classify these as gas leak, or water leak.

    its landlords like this that give us good landlords a bad name.


    We had to let her in - landlord can have access to improve the property as long as they give at least 24 hours access. Plus as she'd already shafted us once (promising we could stay @ an extra £60 per month(!) then canceling half hour before we re-signed contract) we thought we'd best be agreeable to all.

    I soooOOooooOOo wish we had not spent 6 hours cleaning that place now.
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I feel really sorry for you but I think you should put in a claim via the small claims court. I had to do this to get back my son's deposit when he was a student. Just make sure you follow all the correct procedures (the people working in public libraries are wonderful sources of help).The landlord cannot ignore it or you automatically win the case. In my case the landlord ignored everything other than the court letter and then could not pay up quick enough. Most of them hope you will go away or seek to frighten you off by saying they should be charging you more for the amount of damages they have all due to your tenancy.
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Most of them hope you will go away or seek to frighten you off by saying they should be charging you more for the amount of damages they have all due to your tenancy.

    Yes - this is what she hoped for initially I am sure by claiming we owed 'nearly £900' - that we'd just go away and let her pocket £625 to pay off what she spent modernising the place.

    She'll be getting that first letter in the next hour... :j
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Murtle wrote:
    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!!

    Alas Murtle - we left the flat on 5th June... and took no photos :o
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I just went to have a look at my paperwork for when I took court action against my son's landlord. You can do it all online and the central office is in East Anglia but you do not have to go there (I panicked and said that was too far but they give you a date at your local court if it goes ahead). You have to give the "particulars of claim" basically say why you are owed the money, pay a fee, and then they get a copy of what you say and have so many days to respond. But they can file for longer. Make sure you keep a copy of what you have said because you cannot print the form you are filling in. Better to do it in Word then paste it on the form if you can. As I say mine did not proceed and we settled "out of court" when I was paid I had to fax a letter to the court to say that I no longer wanted to continue. I think you should send letters informing both the agent and your landlady that court action will be commenced within 7 days to the addresses you have and let them worry about what happens next. If they ignore the court they face getting a judgement against them - not good for businesses or property owners and if she has any loans on her properties her lenders will not sit back. Claim the full amount and let them argue as to why they should keep any of it. That's what the court is there for, just make sure you tell us all what happens next. This is better than a soap opera!
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Claim the full amount and let them argue as to why they should keep any of it. That's what the court is there for, just make sure you tell us all what happens next. This is better than a soap opera!

    Thanks PBradley - that's exactly what we plan to do... Right about now she will have jad or known about the letter... I hope this is the soap opera where the evil witch looses and we celebrate! I will of course keep everyone in the know...

    PS: Download my Money Pots Spreadsheet ;) - Budgeting Section, Debt Free Wannabe Section and Freebies section - in addition to Martin's wonderful spreadsheet - this is a Phase II one x
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
  • musey
    musey Posts: 416 Forumite
    Part of the Furniture 100 Posts
    Got my fingers crossed for you easylearner.
  • EagerLearner
    EagerLearner Posts: 4,976 Forumite
    Hi all - she texted yesterday evening saying that the heater grille is cheaper than she expected with the guy we gave her info for. We did not respond.

    I guess that means she doesn't plan to charge £300 anymore, but from 'nearly £900' if we subtract say £250, she still plans to keep our dosh! We eagerly await her response - I don't think she's seen the letter yet.
    MFW #185
    Mortgage slowly being offset! £86,987 /58,742 virtual balance
    Original mortgage free date 2037/ Now Nov 2034 and counting :T
    YNAB lover :D
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