Please help re flat deposit

Edna_Bucket_2

EagerLearner wrote:

Re the fees - the LA and their solicitor did stay in the room with the judge afterwards, hopefully they weren't sneakily trying to get him to award fees? They can't do that without us there can they?

Perhaps they were just appearing as defendants in the next case too?

Well done - it's all good experience, and no, if they want to claim fees they have to say so in public, and didn't do so. I suspect they were bricking it about his remarks about it becoming a criminal matter and wanted to take some further advice (and appear as co-operative as possible.)

On the basis that you weren't actually looking for money from them (which means the judge can't really do other than dismiss it) they come out of this looking very bad indeed. They'll also think twice about how much they deal with LL in future if they think they might get dragged back to the SCC again in future. Brighton is a small place really, and news of bad reputations spreads quickly...

prudryden

EagerLearner wrote:

Re the fees - the LA and their solicitor did stay in the room with the judge afterwards, hopefully they weren't sneakily trying to get him to award fees? They can't do that without us there can they?

Very interesting! Did the judge ask them to stay behind? It wouldn't be about the fees - you have no worry there.

irnbru_2

EagerLearner wrote:

For that, where would we start? I mean, I presume you mean reporting her to the police, and then saving she continues to do business with LA?

You suspect she's using different adresses and names and providing these falsely to her tenants for the purpose of preventing them recovering their deposits? Yes/no? If you do (and you have proof that it happened to you) then you can raise the matter with the police.

I haven't gone back through the thread but I'm sure someone listed why they thought it was fraudulent activity.

EagerLearner wrote:

Would the police not expect us to issue Warrant Of Execution (bailiffs) rather than call the police?

This is your civil case which does not concern the police.

nrsql

I suspect if it becomes a criminal issue you won't be able to pursue the warrant until it is complete. Or maybe the criminal issue would be considered a different matter? Maybe someone else can give an opinion on that.

Anyway I guess you are after causing the most pain while getting the deposit back eventually.
I wouldn't be surprised if the deposit gets offered back now - if I were the LA or LL I would give it to you in the hope that you lost interest. They should realise that the situation is getting dangerous for them and the deposit could be a cheap way out.

barnaby-bear

Edna_Bucket wrote:

if they want to claim fees they have to say so in public, and didn't do so. I suspect they were bricking it about his remarks about it becoming a criminal matter and wanted to take some further advice (and appear as co-operative as possible.)

On the basis that you weren't actually looking for money from them (which means the judge can't really do other than dismiss it) they come out of this looking very bad indeed.

pretty much my thoughts but why is no one else very happy they shelled out for a solicitor even junior ones aren't cheap :rotfl: :rotfl: :rotfl: and have to have experienced one sign off their work - you've just fined the LA several hundred pounds :T :T :T Personally I'd get the tax people onto them - copies of the receipts and different names - they are tenacious little !!!!!!s at the tax office and snooping around their books. I'd also be tempted to report the Landlady and naming letting agent to the police/trading standards for fraud though - false receipts...charging someone for work you haven't done. Hassle and inconvenience costs money and is sweet revenge.

The upshot is I seriously expect them to review their procedures and far more likely future tenants will get servable adress and not go through this. :T :T :T

builderbob_3

Just read through all 48 pages :shocked:

Was hoping to find a result at the end, but you're not too far away now.

Get the Inland Revenue on the case, I bet the LL isn't declaring her rental income and the IR can go back 6 yrs so she could end up with a huge tax bill hopefully

Been through the courts a few times myself and although it can be scarey at times, its worth it in the long run.

Good Luck

Bob

prudryden

builderbob wrote:

Just read through all 48 pages :shocked:

Was hoping to find a result at the end, but you're not too far away now.

Get the Inland Revenue on the case, I bet the LL isn't declaring her rental income and the IR can go back 6 yrs so she could end up with a huge tax bill hopefully

Been through the courts a few times myself and although it can be scarey at times, its worth it in the long run.

Good Luck

Bob

Hi Bob -
I don't think there is any doubt she isn't declaring. She may not be ordinarily resident here and thinks she can get away with it. I think, but not sure, that if the IR find something wrong, such as deliberate evasion, within the last 6 years - they then can go back even further.

nrsql

Deliberate evasion should trigger an investigation where the IR will consider they have carte blanche to do whatever they feel like. And if they feel the "criminal" is not being open and forthcoming will estimate punitive back tax and fines - and it will take a lot of time and effort.
Something to be avoided at all costs.

Would almost make you feel sorry for the LL (nah - not really).

Usually if people ae doing this they are careful not to upset people and to keep things quiet - there's always the odd one though.

EagerLearner

Hi all - interesting comments thanks - I think the LL lives in UK at all times so the IR should have contacted her by now (we reported her around 2 weeks ago now). This time maybe we should contact the IR again and advise of her phone numbers?

Glad you thought the LA stayed behind for other reasons - I did wonder though!

Contacted ARLA just asking for what the standard process is for one of their members to take on a new landlord, because we were taking one of their members to court and we felt they had not followed the correct process, and ARLA are being quite standoffish and saying they can't comment as it's one of their members. The guy actually said 'I can't offer legal advice on this matter' which was so annoying - I wrote back saying I don't want 'legal advice', just to understand what process ALL their members have to follow.

He wrote back saying 'again I can't offer legal advice' and pretty much saying each member does what they want and for me to not contact them on this!

I was soooo annoyed.

Anyway, I wrote back and said there must be some misunderstanding as what I was asking for was general info that did not relate to any particular member but thanks for his help anyway and hope to hear from them in due course re our complaint.

Grr - I thought at least they would be a bit more on our side.

Anyway, last day at work today so tomorrow am tying up loose ends and will check in with you guys for any final thoughts before we go (need to be at Heathrow for 8am on Saturday morning, fly at 10:30).

Writing xmas cards, listening to xmas cd - have been paid and this should hit my bank on Monday.

I would like to buy you all a drink, how the hell that could be done, I don't know! :beer: :beer: :beer:

EagerLearner

barnaby-bear wrote:

pretty much my thoughts but why is no one else very happy they shelled out for a solicitor even junior ones aren't cheap :rotfl: :rotfl: :rotfl: and have to have experienced one sign off their work - you've just fined the LA several hundred pounds :T :T :T Personally I'd get the tax people onto them - copies of the receipts and different names - they are tenacious little !!!!!!s at the tax office and snooping around their books. I'd also be tempted to report the Landlady and naming letting agent to the police/trading standards for fraud though - false receipts...charging someone for work you haven't done. Hassle and inconvenience costs money and is sweet revenge.

The upshot is I seriously expect them to review their procedures and far more likely future tenants will get servable adress and not go through this. :T :T :T

It's all we could hope for - they pay out for a solicitor (which sooooo wasn't necessary and made them look daft) - how much do we reckon they paid for that? She prepared their 'bundle' and also attended court, plus will no doubt have had to spend time talking to the MD of the LA to understand situation.

Plus, if just one other tenant benefits from this that's good enough for me - thanks to you all, we got 2 birds with one stone buy adding them as 2nd defendants. OK, so the judge did not like it to start with, but he'd warmed to us by the end, and hopefully the LA were seriously concerned after he said they were on 'thin ice'. Prior to him saying that I almost felt the mood in the room turning to them thinking 'we won, we won!' but then he raised his eyebrows and said they were on thin ice... ha ha...