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Landlord taking deposit dispute to County Court

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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You need the Leasehold Title.

    Within this,there are 3 Registers

    2 (20.04.2012) Short particulars of the lease(s) (or under-lease(s))
    under which the land is held:
    Date : 20 December 2011
    Term : 130 years from 1 April 2006
    Parties : (1) XXX1 Limited
    (2) XXX2 Limited
    (3) XXX3 Limited
    Which Register is this? Charges?

    You need the Proprietorship Register.
  • G_M wrote: »
    You need the Leasehold Title.

    Within this,there are 3 Registers


    Which Register is this? Charges?

    You need the Proprietorship Register.

    Thanks for your help, I appreciate this is likely like talking to a brick wall.

    Within the Leasehold title I have a title number and then the 3 registers as you have stated listed A. B & C.

    A. is "Property Register" which is what I have posted. B. is "Proprietorship Register" and is as follows:

    B: Proprietorship Register
    This register specifies the class of title and
    identifies the owner. It contains any entries that
    affect the right of disposal.
    Title absolute
    1 (20.04.2012) PROPRIETOR: XXXA LIMITED (Co. Regn. No. 04749021)
    2 (20.04.2012) The price, other than rents, stated to have been paid on
    the grant of the lease was £80,001 - £100,000.
    3 (20.04.2012) RESTRICTION: No disposition of the registered estate
    (other than a charge) by the proprietor of the registered estate is to
    be registered without a certificate signed by XXX
    Services Limited of *POSTAL ADDRESS* that the provisions of clause 2.1.22 of
    Schedule 4 of the registered lease have been complied with.
    4 (20.04.2012) RESTRICTION: No disposition of the registered estate by
    the proprietor of the registered estate is to be registered without a
    written consent signed by the proprietor for the time being of the
    Charge dated 20 December 2011 in favour of XXX Bank PLC referred
    to in the Charges Register.

    The only other thing here is C. Charges Register which essentially states the same info as A.

    C: Charges Register
    This register contains any charges and other matters
    that affect the land.
    1 (20.04.2012) REGISTERED CHARGE dated 20 December 2011.
    2 (20.04.2012) Proprietor: XXX BANK PLC (Co. Regn. No. 947662) of *Address*

  • 45002 wrote: »
    Yes,I read everything on both forums and I think LL win Will.

    IMO
    looks like the landlord has found his tenants thread and is posting!

    good on you mate...it really doesn't matter what you think anyway, as it won't affect the judges decision!

    There was no signed inventory- in order to prove his claim the landlord needs one...his photos could have been from any date....

    landlord sounds like a money grubbing loser imo!
  • Viberduo
    Viberduo Posts: 1,148 Forumite
    I am having an almost identical problem bar its in Scotland and landlord worked around the law on protecting deposit(it should of been protected if the contract was renewed monthly as per the contract but he claimed it wasnt renewed monthly therefore didnt need protected)

    With me I spent £40 odd in cleaning stuff and at least 30 hours cleaning and took photos of a spotless place bar the WHITE carpet greying with age and they came round early whilst I was still moving and took photographs to manipulate it to look like the flat was a tip.

    I have also never been given a detailed breakdown and they have kept my £400 deposit and threatened if I sue them to countersue as it cost over £1000 to "put it back to a liveable state"

    The whole arguments with my ex landlord was he put a "new" kitchen in when I moved in yet when I said the kitchen cupboard hinges snapped within the first few uses he said "the previous tenant had no problem with them" also had a plywood hallway cupboard door which snapped when I put my hand on it once, he also wanted to repaint living room because where the main sofa was against the wall had scrapes where it lay against. and the white sealant in the shower had turned black with age so wanted a "new shower" etc.

    Pure disgusting really and the other annoying thing was he claimed I did zero cleaning, pointing to a HAND PRINT on the tap handle and on fridge door.

    He also saw a streaky mark where I wiped oven door, dust on the windowsil as its over 200 year old windows that were crumbling, and some dust under a leak in the roof(that he claimed was my fault despite all 4 his flats in the block having same issue)

    Then I had no hot water for 6 months when I lived there no shower for over 6 weeks, needed a torch to leave the building as no lights on the outside stairway, cracks occured in the walls, etc.
  • rpc
    rpc Posts: 2,353 Forumite
    Viberduo wrote: »
    I am having an almost identical problem bar its in Scotland and landlord worked around the law on protecting deposit(it should of been protected if the contract was renewed monthly as per the contract but he claimed it wasnt renewed monthly therefore didnt need protected)

    Either the contract renews by tacit relocation or it continues as specified in the contract. Either way, *something* happens at the end of the fixed term. What did?

    I have no idea if Superstrike v Marino Rodrigues has any relevance to Scotland (it is an English case and therefore under different law), but it is something that you could look at.
    I have also never been given a detailed breakdown and they have kept my £400 deposit and threatened if I sue them to countersue as it cost over £1000 to "put it back to a liveable state"
    Which is probably just bluster to put you off. If you believe you are right and have evidence to show it, sue him. Folks here will help you detail your arguments.
    Then I had no hot water for 6 months when I lived there no shower for over 6 weeks, needed a torch to leave the building as no lights on the outside stairway, cracks occured in the walls, etc.
    Not relevant now. You had options during your tenancy (http://scotland.shelter.org.uk/get_advice/advice_topics/repairs_and_bad_conditions/repairs_in_private_rented_accommodation/the_private_rented_housing_panel_prhp/applying_to_the_private_rented_housing_panel) and you didn't exercise them.

    edit: You may get better responses if you start your own thread.
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