Renowned landlord deposit issues!!

julie03

if your ast runs for 1 year and you left exactly 1 year after you signed it im sure you dont have to give notice , im sure i've read its just polite to give notice

parkysaves

I have just spoken to them on the phone and was told that the contracts are all drawn up by a leading rental specialist solicitor, are legally binding and there is nothing I can do about it.
With regards the carpets, they have apparently not replaced all carpets and the money they took from me is for the lounge one not replaced. I feel they have me here as they are crafty!

Sequence - I had no option but to lose the deposit money as I disputed the two months notice period and didn't give them the 2nd mths rent as I didnt want them having my rent and then keeping the deposit too and me being even more out of pocket so waited until the end of the month. They said as I owed the last month and a week rent, they would keep the depoist and I pay the outstanding amount. This meant that the original deposit was £910. They took £638 towards the rent I owed for the last of the two month notice period and the extra week as the dates worked out that way and then say I still owed £354. I paid £150 and am now being threatened iwth action for the remaining £204.

The letter arrived today giving me 7 days and was dated 18 July. Post date on envelope is 27/7!!! They dispute this also saying I was given ample time to pay. I argued and told her I have the envelope stamped 27/7 so there is no way I would have received it before then and they can take me to court over that if they wish.
Help!!!!!!

BitterAndTwisted

Let them threaten to take you to court. This will eat up some of their money. Then pay whatever is outstanding before the court date.

robpw2

parkysaves wrote: »

I have just spoken to them on the phone and was told that the contracts are all drawn up by a leading rental specialist solicitor, are legally binding and there is nothing I can do about it.
With regards the carpets, they have apparently not replaced all carpets and the money they took from me is for the lounge one not replaced. I feel they have me here as they are crafty!

IM sorry but do not never again phone them ... they can say anything and you will not be able to dispute it.
from now on deal with them in writing only

the contract may be legally binding as a whole but the terms regarding notice are not legally binding because as i have already explained you are covered by statute law , which clearly states what the notice period is and you cannot opt out of the law .

I would suggest if you have not done so already you lodge a dispute with the company whom hold your tenancy agreement .. that is if you have not already agreed to them taking your deposit ( you would had to have told the company who hold your deposit not the landlord)

if you have already agreed to the deposit being given back you need to go to the small claims court and claim the money back

DVardysShadow

parkysaves wrote: »

Can I actually dispute something that I have signed though? I signed the agreement without noticing the tippexed out figure so does this not negate any legal case I have over this? I would be interested to know for sure before I proceed with any emails!!! Thanks for your comments btw :0)

Your contract had contractual provisions for running periodic [2 months notice]. But the statutory provisions are more in your favour [1 month notice]. It is a fine point, but did you give notice under statutory provisions or under contract provisions? Unless you explicitly gave notice under contract conditions [which you could easily have done inadvertently by saying 'I give notice under the provisions of our contract"], I would say that your tenanacy agreement would need to explicitly override the statutory provisions for giving notice for your notice not to be given under statutory provisions.

In your position, after checking out the above points, I would take them on for the month's rent.

jamie11

If the carpets were in such a state when you moved in then it is likely that they were already past their scheduled life, it is also likely that the landlords have already charged past tenants for their wear and tear as well yet have still not replaced the carpets, (they don't have to), however you really should dispute the unfair charges. If the money has already been taken from your deposit then start a claim. These landlords (if they are that bad) are going to be well known in the court already, and will elicit little sympathy. The chances are that they will knuckle under and repay you rather than pursue the matter, do not forget that it is they that have to prove the damage rather than you having to prove you did not do it.

sequence

I don't understand why you won't dispute ALL of the charges ? Why let them have your money they are not entitled to do.

Go to the deposit company and ask for the deposit back ? What is there to lose ?

theartfullodger

Please dispute these charges or, better, take the b""stards to court to teach these bullies a lesson.

Best wishes

Artful (Landlord)

PS I hope the scum are viewing this thread & realize how the vast majority of decent British people regard them.

Yorkie1

Even if the tippexed amendment was there when you signed the contract, it is in all likelihood overridden by law as others say. Don't believe a word the LLs say about the validity of their contract - like they are really going to admit it might not be right!

As for carpets or any other items, you are under an obligation to return them in the same state that they were in when you moved in, less fair wear and tear.
Is there an opening inventory which you signed and agreed to?
Do you agree with any damage which is claimed by the LLs as having being caused during your tenancy?
Do you agree with their claim that any such damage is not fair wear and tear?

If so, then you could accept those deductions in principle BUT the LL is not entitled to the amount it costs to replace them for new. This is called betterment. If, for example, the carpet was 5 years old and its expected life expectancy in a rented property is 7 years, they can only claim 2/7 of the cost of replacement from you - anything more puts them in a better position than they would otherwise have been, which is not allowed. (The maths might be slightly off but the principle applies).

parkysaves

Great advice from everyone. Just so worried and money is tight as it is, I can't afford to risk losing more. I need some strength pills Lol to take them on!!! Winds me up that these people know this and take the mickey.