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Urgent advise required please.

13

Comments

  • Boobydoo
    Boobydoo Posts: 111 Forumite
    The Property was oil fired central heating and electric, no gas at all.

    Embob74 - It was a stupid thing for me to do, but that Landlord had been so good to me letting me have the house cheap etc after a divorce.
  • Boobydoo wrote: »
    Sorry! October 2011 is when the Landlord got me to sign a contract and it was backdated to July 2011........it's an age thing!

    LOL - that makes sense now.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are you still in contact with the original landlord?
    On friendly terms?
    If so, what does he say about it all?

    Just need to be a little wary that issues with deposits, etc, may fall to him and if he's a friend would be better to sort out of court!
  • Boobydoo
    Boobydoo Posts: 111 Forumite
    I could get in touch with him JimmyTheWig, but I'm hoping I don't have to get him involved really. I'm not sure if it's because he felt guilty about selling without letting us know until the last minute as he gave us rent free then until the new Landlord took over. I couldn't really ask him for a deposit back then really.

    The rent free transaction wasn't recorded anywhere. I also note from my statement from the old landlord that he did not allocate the deposit onto the account. He was given this in the form of a cheque which he cashed, so I could prove if needed too.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Boobydoo wrote: »
    I could get in touch with him JimmyTheWig, but I'm hoping I don't have to get him involved really. I'm not sure if it's because he felt guilty about selling without letting us know until the last minute as he gave us rent free then until the new Landlord took over. I couldn't really ask him for a deposit back then really.

    The rent free transaction wasn't recorded anywhere. I also note from my statement from the old landlord that he did not allocate the deposit onto the account. He was given this in the form of a cheque which he cashed, so I could prove if needed too.

    IMO it won't be you asking the old landlord, it will be the new landlord. The deposit should have been passed on with the contract during the conveyancing, maybe it was and the new landlord has your deposit. The deposit should not have been returned to you because the tenancy continued. When the new landlord purchased the property he took on all the rights and responsibilities.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Boobydoo
    Boobydoo Posts: 111 Forumite
    I still need to know if I should answer the Solicitor's letter or wait until I receive Court Documents and defend.
  • embob74
    embob74 Posts: 724 Forumite
    Are you able to find out from the first LL if he did indeed pass on your deposit? If he did then you could counter-sue for your deposit from the new LL.
    As you had a rent-free period it is whether you think it fair to ask for the deposit from the original LL if he never passed it on.
    Write a letter denying the claim and ask them to provide signed inventory at the start and end of the tenancy and quotes for costs for any of the alleged damage.
    Make a mention that you never received your deposit back and will now be pursuing that.
    Other posters are far more helpful and experienced - I believe they have already given you an idea as to how to proceed
  • embob74
    embob74 Posts: 724 Forumite
    Of course if you wait until the Court letter your ex LL will have had to pay out more money for a case potentially to get dismissed. This is a great feeling but you have to weigh that up with the cost of having to attend court and the stress in preparing your defence.
    If the LL knows you may claim for your deposit he may just walk away as he will potentially have more to lose than to gain.
  • Boobydoo
    Boobydoo Posts: 111 Forumite
    Just hoping to hear G_M's advise now
  • he has no case against you, but you have a potential £6k case against him.

    It is irrelevant what happened between the two landlords at completion, you paid a deposit and want it back, also as it wasnt protected as is legally required, you have a claim for up to 3 times this in damages, and given the lengh of time since the tenancy ended you're more than likely to get a good chunk.

    Without a signed inventory they cant show any loss or damage so will not be able to claim anything, especially since they were not even involved at the inception of the lease.

    I would lawyer up and make a (simple) county court claim for the deposit back.

    Ignore thier invoice and if they do take it to court you should win and get costs back.
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