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Deposit/Illegal Eviction Issue

2

Comments

  • Fire Fox, it wasn't a check-out inventory it was only a routine inspection. The tenancy hadn't ended when they were locked out
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Fire Fox, it wasn't a check-out inventory it was only a routine inspection. The tenancy hadn't ended when they were locked out

    What started as a routine inspection has not ended up that way. Legally or illegally the tenancy HAS ended: who is to say the landlord doesn't have photographs of the damage? In the OP there is mention of a detailed bill for the damage and a check-in inventory, which could indicate a checkout inventory. The OP should not assume this was not done simply because he was not given the opportunity to be present - the landlord could claim she was unable to contact the OP as he had changed jobs and 'abandoned' the property.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • anonacct
    anonacct Posts: 8 Forumite
    edited 15 February 2010 at 8:54PM
    In the kindest possible way.

    Please re-read the replies you already have above. GO AND SEE A SOLICITOR, first half an hour in normally free.
    I will not be able to afford it now as I have had to leave London and no longer have a job can I do this myself via MCOL?
    Fire_Fox wrote: »
    What started as a routine inspection has not ended up that way. Legally or illegally the tenancy HAS ended: who is to say the landlord doesn't have photographs of the damage? In the OP there is mention of a detailed bill for the damage and a check-in inventory, which could indicate a checkout inventory. The OP should not assume this was not done simply because he was not given the opportunity to be present - the landlord could claim she was unable to contact the OP as he had changed jobs and 'abandoned' the property.
    There is no damage as I say. She states that items belonging in the flat have to be relaced.. I was in constant contact with the LL at all tiomes via both her e-mail addrerss she provided and also her Phone number ( mobile) so there was no way there was no contact that would be construed as abandonment.
    Fire_Fox wrote: »
    You have one month of rent belonging to your landlord and she has your damage deposit. You are not out of pocket in that respect and surely you cannot be compensated for items of sentimental value. :huh: Had you kept your landlord fully informed of your inability to pay that month's rent? Why did your partner not pay the rent that month - the TV was hers so you must have been living together or at least serious enough to borrow some money for a few days?



    Again what you are trying to achieve, one minute you claim to be well versed in the law and the next you say you weren't sure of where you stood?? You are not going to get your stuff back after so long so I can only assume you wish to get revenge your ex-landlord. If you take her to court there is every chance she will counter claim for the damages. Just because you did not attend the checkout inventory does not mean one did not take place or that she does not have photographic evidence of the condition the property was in.
    My partner was a full time student at the time and I was the only one with money coming in. I would normally be paid monthly on the monthly pay run but this was stopped as soon as my work contract ended and it took a further 2-3 weeks before the final renumeration was paid. I had kept her informed at all points regarding the late payment of rent and she was as okay as can be about it as she was charging me 8% of it in interest daily from the 12th day of late payment. Yes me and the girlfriend were living together, she took the TV and lots of other belongings, it was pretty messy break to be honest.

    As for photographic evidence I cannot be sure of that but I don't see how that can have any effect when I am saying nothing was damaged, she is the one stating that.

    I include a list below of exact charges and how much she charged me. I find it strange that she was charged exactly in £10 or £5 denominations. Notice she has charged me for the change of locks? Also the mailbox was not me and not on the inventory and nor has been repaired of the damage she speaks. The futon she says is soiled?

    Firefox, this is not revenge, everything was going swimmingly whlst living their and now I have had tio relocate, give up another job due to having to travel and it caused me serious hardship being kicked out. People cannot surely do ths?
  • http :// i46.tinypic.com/2a6tsa0 .jpg
  • anonacct wrote: »
    I will not be able to afford it now as I have had to leave London and no longer have a job can I do this myself via MCOL?

    WHICH PART OF FREE CAN YOU NOT AFFORD??????
    :whistle:
  • SouthCoast
    SouthCoast Posts: 1,985 Forumite
    Did somebody suggest going to see a solicitor?

    http://www.communitylegaladvice.org.uk/index.jsp
  • apologes folks, I thought you meant the 1st half is free, what happens thereafter then?
  • anonacct wrote: »
    apologes folks, I thought you meant the 1st half is free, what happens thereafter then?

    1) Go and see the brief to find out if you have a case and what is involved

    2) Listen to the advice the solicitor gives you
  • also hasnt she a duty to look after my belongings?
  • If you can't give a decent solicitor a short and detailed precis of what happened and the solicitor can't evaluate whether you have a case in 30 minutes, either you aren't good at explaining or the solicitor's carp.

    To be on the safe side write it all down, leaving out all extraneous detail and read it out aloud and time yourself.

    I reckon I could do this myself and be perfectly understood in about three minutes, leaving 27 for the solicitor to think and explain.
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