Please help re flat deposit

clutton_2

is it really worth it for the landlord ? to go thru all that for £80 ? - this is one of the downsides of the BTL business - sometimes a landlord just have to bite the bullet - every business has its debts.

prudryden

EagerLearner wrote:

It's a bit petty I think - but then I would say that! Much better to get charged £80 than £625 though, I say...

I like Lynzpowers comment:

"In order to take deductions LEGALLY from a deposit you need to take 3 quotes ( not estimates) on headed invoice sheets from contractors & choose the cheapest. this is what my local authority lettings officer told me- if the LL hasnt done that the deduction wont stand up in the small claims court. "

We never got 3 headed paper quotes, maybe she didn't need to give those to us, only the quote she 'paid' for (ha, cough, ha).

Young Lynz is on a roll today- but I think she is referring to council people who tend to work under a different cloud and rules. By the way Lynz, my spaniel forgives you for comparing dogs to Iquanas.:) He says you can feed him anytime.

EagerLearner

Aaargh - 24 hours to go - this time tomorrow I will prob be very nervous!

Our main points so far for tomorrow:

1 - We pursued the address the letting agent gave us, but as all three letters bounced back, one of which stated 'Not Called For'. We were therefore forced to add the LA to the case as they were our only link to the evasive Landlord who by then had stopped communication and had already told us verbally she was 'keeping entire deposit'.

2 - On registration with the letting agent, the landlord will have provided identification and proof of residence in order to comply with money laundering legislation. We believe we are in this situation today because to date the letting agent have still not provided us with a servable address for the landlord.

3 - We are concerned that this evasive landlord may be putting other tenants at risk, yet the letting agent continue to deal with the landlady and process monies on her behalf.

Any thoughts?

prudryden

Hi EL -
You may already have this, but it mentions estate agents. (Probably referring to the selling/buying of property - BUT doesn't actually say that).
Might be good idea to have a copy with you in case pt. 2 is challanged.
http://216.239.59.104/search?q=cache:04v7Oc2VuHsJ:www.opsi.gov.uk/SI/si2003/20033075.htm+estate+agents+and+money+laundering+regulations&hl=en&ct=clnk&cd=2&ie=UTF-8

EagerLearner

Thanks P - I had a look but there is so much info there I wouldn't know what to quote - I am planning to e-mail ARLA again today and ask what a registered ARLA member has to do in order to take on a new landlord and hopefully that will help as my brain is turning to mush...

barnaby-bear

Just wanted to say good luck and enjoy it :j

lazy_girl

I wish you the best of luck tomorrow, EL. Try not to be nervous - you're in the right, remember that.

I hope the issue of the LL's address is definitely sorted one way or the other for you.

And have a fab holiday.


:T

pigsmightfly

Hiya!

I had this same problem myself last year - think they just accuse people on purpose as a way of not returning the deposit!

My friend and I moved into a flat together and when we moved in we noted down items missing and stains etc, as you did.

A year later our situations both changed and we decided to move out but when we asked for the deposit back, we were told the landlord was complaining of stains on the carpets and couch (which were already there of course!) :mad:

I contacted our Letting Agents and they were very snotty and said we would not be getting the deposit back - so we both refused to give the keys back until we did (petty I know but it made them stay in contact with us!)

I then sent a simple email to some local solicitors and the citizens advice just quickly explaining the situation - many of them will give you some straightforward advice without you having to go and see them or pay a fee.

I was told we were in the right so long as we had a copy of the inventory list from when we moved in and basically that the Letting Agents didn't have a leg to stand on.

So I printed all the information off, went into my letting agents with it and without been nasty, showed them the information and told them they had a week to inform me what they were going to do or we were going to take them to the small claims court.

We both received a cheque through the post the very next day for both of our initial deposits - no argument - which proves they knew they were in the wrong or else they would have fought for it! :T

You just have to stick at it with situations like this and so long as you have your facts in writing and you know you are in the right there is nothing they can do!

Good luck

EagerLearner

Thanks guys - the nerves are setting in a bit now!

I know we are in the right, the question is whether the judge will see that or whether he/she will decide that the letting agent small print saves their bacon.

We have done all we can and followed due process - just have to wait and see.

The good news is that as our office is shutting down, I was given lots of freebies to take home and clear some space in the office. This includes a brand new Sony Ericcosn K800i that I am now selling on e-bay with 30 mins to go as I type, and already bid on at £142, and also this last weekend I ebayed some expensive toner cartridges. This means that in January the Warrant Of Execution is already paid for :T

clutton_2

not too much wine tonight !! clear heads required in the morning !!!

you CAN do it !!!!!!! hugs and stuff

clutton


xxxx