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Urgent - Dealing with a Break In and Surrendered Tenancy

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Comments

  • Mozzanov
    Mozzanov Posts: 188 Forumite
    edited 27 February 2013 at 1:55AM
    Firstly, I want to say I'm so glad you've stood strong through everything and stuck up for your rights.
    Elle7 wrote: »
    Worried quite a bit that the letters would cause an uprising of fury, as everything was so tense.

    They can whinge all they like, don't worry about it. In the end, you have your legal and human rights, which they did not respect. Don't worry about how they are feeling and focus only on yourself. Just keep doing what you are (sending letters and seeking advice).
    Elle7 wrote: »
    So, have they just accepted it? I thought they'd kick up a fuss, but their response does not dispute the surrender in any way. They have got a number of viewings now.

    You had an agreement back in December, have cleaned the place (professionally too! It's more than they deserve, IMO), have handed back the keys, YOU have moved on. Next up is to get your deposit back. This will be the date that the tenancy ends and they need to return it within 10 days. I would recommend doing this by writing a letter (keep a copy of it as well as a proof of postage receipt). State that you want the deposit returned in full and it is to be unprotected by x date (10 days after your tenancy ends). The process can vary depending upon the scheme it is held in. Do you know which scheme?

    I know that didn't answer the acceptance question, sorry. I don't care what they think. You have moved on and they are holding viewings. I just think you need to move on to retrieval of the deposit now and not worry about the rest.

    There is the possibility that they might come back to you regarding the rent and checkout, but (hopefully) they won't bother due to everything that has happened. Don't worry about those things right now, deal with them if they arise.
  • Your experiece sounds horrific. I'm so glad you have managed to get out of there and find a new property.
    I'd keep all evidence of harrassment and get back in touch with the police. I hope you find the strength to get these people prosecuted - they can't go around breaking into houses, it's disgusting.
    I also hope that now you arein a safe new home you can find the strength to try and recover your deposit.
    All the best.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Elle7
    Elle7 Posts: 1,271 Forumite
    Thank you all so much.

    I am still pursuing this with the police. The officer who attended is writing me a statement to go along with the official police report, so at the moment I'm waiting for that.

    I'll try and just wait it out for the deposit now. Almost a week gone, so not long to wait, I guess.
  • Do you have a log of all the phone calls you've been getting as well? I don't know whether the police can add this to the file.
    Also the fact that the agent(s)? or landlord have tried to add you back into the utility bills.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • SuzieSue
    SuzieSue Posts: 4,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Elle7 wrote: »
    I'm really sorry to keep bothering everyone, but I could do with some more advice.

    On the 5th, I was copied into an email from the agent to the landlord, asking if any deductions were to be paid from the deposit. It asked for these to be made before the 7th, as required by the scheme.

    We heard nothing back. The deposit scheme said the agent had 10 days to return the deposit, so we waited until yesterday, the 17th. Still nothing. I called the deposit scheme this morning, who stated that the deposit is still protected, and no disputes have been raised. They recommended calling the agents head office, and if we got no luck, raising a dispute ourselves for the whole deposit.

    I called head office, and after being passed around a bit, have been told that a "list" of deductions is being produced and will be emailed to me this afternoon.

    Is it too late for this? I was under the impression we had to be notified within 7 days of leaving the property, but I can't seem to find much on this now.

    I wasn't invited to the check-out inventory despite asking to be, and don't know if one took place.

    It looks like the property has now been let, so it's not like I could attend again.

    I'm feeling very vulnerable and lost, so any advice would be much appreciated.

    Don't panic until you get their list. Once you do, you can dispute anything you don't agree with and the onus is on them to prove that the deduction is justified, eg with before and after photos etc.
  • Elle7
    Elle7 Posts: 1,271 Forumite
    Thank you, I'll try not to panic. They haven't contacted me yet.

    The deposit scheme called again, but just said that there isn't much I can do. He said that if we formally requested the return, they had 10 days to return it after that, but didn't know about any legal timelines, or what happens if they don't return it or raise a dispute within those 10 days.

    I had really thought this might be over - perhaps naively. I'm currently recovering from surgery and getting ready for round two, so I could do without a lengthy dispute battle...
  • SuzieSue
    SuzieSue Posts: 4,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!
    Elle7 wrote: »
    Thank you, I'll try not to panic. They haven't contacted me yet.

    The deposit scheme called again, but just said that there isn't much I can do. He said that if we formally requested the return, they had 10 days to return it after that, but didn't know about any legal timelines, or what happens if they don't return it or raise a dispute within those 10 days.

    I had really thought this might be over - perhaps naively. I'm currently recovering from surgery and getting ready for round two, so I could do without a lengthy dispute battle...


    Yes, I can understand that it will be very stressful, but at least you've got the deposit scheme to act as mediator. Before that was set up, it was very difficult to get your deposit back without going to court. Getting stessed will make your condition worse, so you need to take deep breaths and relax and be grateful that the deposit scheme exists.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The landlords proposed deductions need to be based on proof/documentary evidence. Which you will have the opportunity of raising a dispute if you disagree with them.

    In the meantime I suggest you get onto the deposit scheme's website and claim the whole of your deposit back right away. I wouldn't be waiting to hear from the LL or agent about their proposed deductions.
  • SuzieSue
    SuzieSue Posts: 4,109 Forumite
    Part of the Furniture 1,000 Posts Name Dropper I've been Money Tipped!

    In the meantime I suggest you get onto the deposit scheme's website and claim the whole of your deposit back right away. I wouldn't be waiting to hear from the LL or agent about their proposed deductions.

    If the OP can do this, then it is ridculous that the the deposit scheme is giving out incorrect advice telling them to contact the agents.
  • Elle7
    Elle7 Posts: 1,271 Forumite
    Scratch that, they've claimed the full amount.

    I have to register my side now. Any advice on what to put?
This discussion has been closed.
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