Complex lettings issue. (tenant view)

Meatballs

To me it sounds like you gave notice to quit, and gave over a month's notice. It is clear from you requesting your deposit back that indicates you wanting to end the agreement.

Deposit should have been returned within 14 days? You may want to start a request to the deposit protection scheme showing evidence of you ending tenancy. Would give more weight to your argument when you goto court.


Explain your position and show how you have given proper notice as that as far as you're concerned the letting ended on x date and you haven't had your deposit returned within the specified period.

Anything that happened after that date is the LL/agents problem. And it's unlikely that they did a proper inventory of the condition of the property on that date so wouldn't have any evidence to deduct from your deposit.


Did you not attend the court order for evicition? That could complicate things...

As for not pursuing deposit, that doesn't stop it being owed to you. I would lean more heavily on a LA/LL that refused to return than a tenant who shouldn't really need to be versed in letting law?

Zi_oo

Meatballs wrote: »

Did you not attend the court order for evicition? That could complicate things...

I was only sent the defence pack, NOTHING with any date on it. The next thing I know I have a result of court letter staing that eviction and reposession has been granted and that I have to pay £150 fees.

I'm told that The LA/LL should have approached the ex back in May when I originally gave notice to quit asking for a 'council bond' to cover the deposit and that a new agreement should have been written up in her name only. They should then have returned the deposit to me and removed me from the picture.

How can I challenge court process? Does it change things that I was not aware of the court date in order to represent myself?

Sick and tired of being ripped off!

Thanks so much for your help so far!

Meatballs

Could do a small claims proceeding for return of deposit. Would probably be a case of your notification being valid versus them saying they went through whole eviction proceedings without anything from you. You'd need some proper legal advice to have a clue if you could win though?

t0rt0ise

Just wondering.. if both your names were on the tenancy agreement, why should the landlord give the deposit back to you as it was a joint deposit?

In what way did your partner neglect the property after you left? Was that because she had no funds?

Zi_oo

Neglect of garden, dirty carpet, cooker will probably need a deep clean, you know, things like that. Small, but costly if they get a man in, all at my expence.

She is never short of money, she has just become lazy.

But this thread has shown me light at the end of the tunnel.

t0rt0ise

She is never short of money but she is in receipt of housing benefit. Aha.

When I was a lone parent the garden was the least of my worries. Keeping the children okay after their dad had gone was my first priority.

gggareth

Snakes with tits..

Move on with the rest of your life:beer:

princeofpounds

princeofpounds wrote: »

It seems to be the case, although it is a grey and arguable situation in court, that given you supplied notice and left and explained a situation, they in effect did award a new tenancy to your ex. If a judge accepts this argument then you are due your deposit back.

However, given you have left it for 5 years it would seem to indicate that you were not keen to have your deposit back, which might imply that you saw the tenancy as continuing or you were happy to sacrifice the deposit at the time.

The problem is you can't have it both ways - you should have pursued the deposit at the time. Whilt a judge may decide in your favour they might not and I'm wondering if it is worth the time and risk of incurring costs (court, not your opponent's).

If you have a CCJ on your record it might be more important to tackle the issue, but then you would have to set aside the old verdict as well!

I misread this - I thought you had separated of your partner of 8 months 5 years ago! That was one reason why I was so pessimistic. I'll have another think and maybe re-answer this for you.