Please help re flat deposit

clutton_2

Eager learner """landlord can have access to improve the property as long as they give at least 24 hours access""

this is what poor landlords want you to believe.

"Quiet Enjoyment" is a right of tenants which has been tested over and over in the courts. EVEN if this is in your Tenancy AGreement - you still do NOT have to let a landlord in except for emergencies as per my previous post. You cannot take away anyones legal rights simply by putting a counter-argument/clause in a tenancy agreement.

NO one is allowed into your home without your specific consent.

good luck with this

musey

Kzlnd wrote:

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:

I agree with you kzlnd

Also imho Eagerlearner is being far too generous in proposing to send 3 special delivery letters before going to court. I would send 1 letter, give her 7 days (14 if I was feeling very generous which if I was in EagerLearners position I wouldn't be) and then submit the court forms. Get it done and don't prolong the agony.

Just to reiterate only written corresponence from now on although I would save all text messages in case the judge (should it go that far) can be persuaded to look at them.

EagerLearner

clutton wrote:

Eager learner """landlord can have access to improve the property as long as they give at least 24 hours access""

this is what poor landlords want you to believe.

"Quiet Enjoyment" is a right of tenants which has been tested over and over in the courts. EVEN if this is in your Tenancy AGreement - you still do NOT have to let a landlord in except for emergencies as per my previous post. You cannot take away anyones legal rights simply by putting a counter-argument/clause in a tenancy agreement.

NO one is allowed into your home without your specific consent.

good luck with this

Thanks Clutton - however much we didn't want to let her in, we felt she may keep our deposit (ho ho ho) if we didn't allow access. As the contract says landlord can come in if it's to improve property as long as they give 24 hours notice, we allowed it and did not want to cause more friction than had already been caused by her first saying we could stay on, then 30 mins before us attending LA to sign, changing her mind and already having secured a new private tenant(!) - this shows the sneaky snake like person she is, not honouring her word.

When I called her back after receiving that text saying we couldn't stay, she was like a broken record saying she had been 'fantastic' to us and 'allowed' us to stay an extra month out of contract because our flat purchase fell through (out of the kindness of her heart), our problems were not her fault etc. When I pointed out that the only problem we did have was that she had gone back on her word at a crucial time for us, and I'd like to know why, she got histerical and offensive, so I had to end the call rather than saying what I really wanted to... I mean, not only had we had the week from hell, 48 hours earlier finding out our flat had falled though, then she says we can stay, then we can't, then I get histerical abuse on the phone...!

She basically screwed us over by:

a) saying we could stay if we paid an extra £60 per month (for no improvements to the flat, nada) then
b) changing her mind and not allowing us to stay for no reason then
c) gutting the bathroom during our last month and taking 2.5 weeks rather than 'a few days' and then
' and...
e) not providing any evidence and taking this last month to 'look into' the heating grille price when we should have had the deposit back early July.

This way we got all the inconvenience and she got none and she was able to re-let the flat as soon as the 'essential cleaning/decorating/new carpet' was done (from the devastated flat we left behind ha ha...), without having more delays to install the bathroom, as we suckers had already allowed it. But you see we were between a rock and a hard place

EagerLearner

musey wrote:

Also imho Eagerlearner is being far too generous in proposing to send 3 special delivery letters before going to court. I would send 1 letter, give her 7 days (14 if I was feeling very generous which if I was in EagerLearners position I wouldn't be) and then submit the court forms.

Just to reiterate only written corresponence from now on although I would save all text messages in case the judge (should it go that far) can be persuaded to look at them.

Hi musey, only reason we're doing 3 letters is because someone on landlordzone.co.uk said that was the correct process, and we don't want to seem unreasonable if it gets to court- we have waited all this time, so a few more weeks will be ok at this rate. I mean, I'd reduce it to 2 but I'm worried I won't have followed correct process?

clutton_2

this woman does not seem to understand her legal responsibilities as a landlady. Get her summonsed to court as soon as you possibly can !!

musey

EagerLearner wrote:

Hi musey, only reason we're doing 3 letters is because someone on landlordzone.co.uk said that was the correct process, and we don't want to seem unreasonable if it gets to court- we have waited all this time, so a few more weeks will be ok at this rate. I mean, I'd reduce it to 2 but I'm worried I won't have followed correct process?

I don't believe there is no set process in this type of matter, but do understand what you mean about not wanting to appear unreasonable, I just get so cross when landlords treat a tenants deposit as and "extra" they are due or as renovation money that perhaps I am not as understanding as I could be. However my oppinion still is get the summons issued asap.

EagerLearner

Thanks guys - who knows what this week will bring - fingers crossed ;o)

EagerLearner

Hi everyone - the landlady has now texted saying final estimate for heater grille has been received and asked if they can send it via e-mail. They have not said whether our letter was received, but it seems they're moving quicker so it could be why - and also why she did not mention the qute cost in the text.

E-mail would be quicker than post - should we agree or keep it all to the post? My only worry is that post could get lost. However, I presume the e-mail is just for costings and that any invoices would be posted - we could always specify in the e-mail that any posted items must be via Special Delivery?

Thoughts much appreciated. :T

irnbru_2

EagerLearner wrote:

E-mail would be quicker than post - should we agree or keep it all to the post?

Ask for it by post (sent to the LA if you don't want to disclose your address) and all other (copies of) estimates/receipts she's claiming from you. Plus her breakdown of the deductions against your deposit.

It's a disgrace to drag it on for so long.

EagerLearner

irnbru wrote:

Ask for it by post (sent to the LA if you don't want to disclose your address) and all other (copies of) estimates/receipts she's claiming from you. Plus her breakdown of the deductions against your deposit.

It's a disgrace to drag it on for so long.

Ah, she has our address from our letter anyway, so we're not worried about that. We will see what happens this week and whether things move on a bit.

She even had the gall to ask OH 'what our new flat was like' etc in her last chat with him, going hot and cold yet again! - he made sure he told her it was £10 less per month than she'd planned to charge but with a garden... small white lie but oh so pleasurable... this was because she had claimed to now earn 'nearly £700' on the 1 bed flat we were paying £560 for (Economy 7 heating, retirment type flat, on a main road) :rotfl: - we know she has a young single lady that is pregnant there at the mo, 5 flights of stairs, I doubt she would have forked out that much!