letter to landlord

in_need_ofhelp

Hi all I've posted previously about previous letting agents going bust with our deposit and asked advice about what to do regarding landlord etc. (no idea how to post link to previous post)

I contacted shelter scotland and they gave me great advice and told us to write to landlord. Was wondering if you could all take a look at letter and let me know if you think its ok

Dear Ms xxxxx

We received your answer from the letting agents to our previous proposal regarding our deposit return and confirm we will pay our last months rent on time on the 26th June to take us up to our last day on the 25th July.

The letting agents informed us your proposal for the return or our deposit was to wait and see what we would receive from the liquidators of 24-7 Letting and you would make up the deficit. This is not acceptable to us.

We did not claim any money from the liquidators of 24-7 Letting as we were not creditors of them, you are. You had the contract with 24-7 Letting and our contract was with you. It was your responsibility to ensure the deposit was protected. This was the advice from Shelter Scotland and the CAB. This means that after our check out inventory is completed for address here we will be expecting the full deposit amount from yourself within 14 days of the 25th July.

If we do not receive this we have been advised we can raise a summary clause or small claims against you. Obviously we would like to avoid this and solve this matter amicably.


Yours Sincerely



Do you think this sounds ok?? thanks in advance

BitterAndTwisted

I think your letter is fine, although I would question whether it's wise to pay the last month's rent and then risk having to go to court for the return of your deposit.

In your shoes I'd tell the landlord I was intending to use the deposit to pay the last month's rent.

in_need_ofhelp

That was our initial (and preferred) proposal which she rejected.

We are wary of not paying our last months rent as she could then take us to court for 1 months rent arrears which would be £525. Just scared about having this on our credit rating

BitterAndTwisted

By "she" do you mean the landlord? If it was the landlord, I'm not surprised that she rejected your proposal. The agent had the deposit and she's going to have to repay it to you from her own pocket now. It's not a very attractive prospect to her but that's nothing to do with you.

You will only get a CCJ if the court finds against you and you don't pay within the time-frame the court decides. Actually being taken to court will not appear on your credit-rating.

Under the circs, I cannot see that a court will find against you purely foe using the deposit as the last month's rent unless you leave the property in such a state that the landlord will have to spend serious sums putting right any damage you have left.

Was there a dual-signed inventory at the start of your tenancy?

in_need_ofhelp

Sorry by her i do mean the landlord.

I didn't realise that with the court. I thought as soon as someone took you to court for money owed it somehow showed up on your credit report.

No there was no dual signed inventory. The previous letting agents (who went bust) were crap which probably in this instance helps us. Although I did take photos of all the small problems/damages the day we moved in.

The first time we got an inventory was when the new letting agnets came in january to inspect the property, get us to sign new tenancy agreement and do an inventory. Although I didn't sign this as when i pointed out the small issues that were present the LA didn't record any of them and said they were all wear and tear (fair enough but i still wanted them recorded which the LA said wasn't necessary so I refused to sign the inventory and this was never chased up).

The house will be left in the same if not better state that we received it.

BitterAndTwisted

In which case I would urge you to consider not paying the last month's rent and tell the landlord/agent that you intend for them to use the deposit.

If you pay the rent and the landlord declines to return your deposit it will mean a load of time, trouble and expense on your part and very possibly issuing court proceedings in order to get it back.

I would say that in the circs you describe about the lack of a dual-signed inventory at the start of your tenancy or at the change of agent, they are going to have a very difficult time of it proving any dirt or damage, even if there is any.

Depends on how much you relish the aggro of trying to get your deposit back.

Guest101

Actually its up to the LL to prove the damage wasnt already there, so the lack of an inventory works in your favour