'Letter Before Action' Help please

Doozergirl

My old BTL-numpty landlord has taken part of our deposit.

I'm in the position to write my 'letter before action'. Preferably I'd like it to scare the living daylights out of them as my LL is under the impression that I know a lot about these sorts of things. I'm pretty ignorant actually but really don't want to disappoint her.

Would it be possible for those of you who have done it before or are more aware of the rights and wrongs, be able to help me draft my letter? If we can make it pretty generic, then I'm sure it will be helpful for lots of people, not just me.

I'm aware that I need to head it 'letter before action' and that I should ask for payment within 7 days before I start court proceedings without further recourse to the LL.

What I'd really like to do is refer to a relevant piece of legislation (if there is one) and (I think) inform them that they will need to provide all receipts and three quotes for any work carried out as I am almost certain that they won't have done this. Do they definately need to do this to succeed?

Some things, like the condition of the garden are not referred to at all in my inventory. Is this relevant?

I'd be really grateful for your help guys, I've been struggling over this for days.

Doozer :beer:

olly300

All you need is to send a letter which is short and to the point.

However you need to sound reasonable if you do go to court so:
1.You should first try and contact the landlord and ask them why they took the deposit. If you do it in writing give them 14 days to reply. (And make sure you can prove delivery.)

If you do it over the phone or email then include the reason in the letter before action.

2. Send the letter before action with the title "letter before action."
a. State why the reason they gave you for keeping your deposit is not valid. Or if they didn't reply to your letter/phone call/email state when you sent it/contacted them.
b. Ask them for your money back and inform them at the end if you do not "receive the deposit within 14 days you will take them to court to recover the money owed and that they will be liable for interest plus costs."

3. On the 15th day submit claim via moneyclaimonline.

Shelter has letters: http://england.shelter.org.uk/advice/advice-4004.cfm#wipLive-26094-3

But you I don't agree with:
1. sending 3 letters. Only try 2 forms of contact i.e. ask for the reason for retaining the money (with no threats of court) followed by letter before action.
2. with sending the N1 as you are doing it all online.
3. not informing the landlord they will be liable for costs and interest as otherwise you can be stopped from claiming for them.

(The landlord has breached the contract between you if they are asking for betterment of the garden. )

Doozergirl

So I need to fill out the court form and send a copy of that with the letter before action? I'd rather scare the pants of them with this letter before I get their backs up by letting them read what I have to say about the situation, which I think would make them more inclined to go to court.

I'm so frustrated again now. I don't even know how to word the court form, the situation seems so confusing. :wall:

olly300

Nope you don't need to complete the court form and send it to them. You are doing it online so can't. I've never done it.

When I've threatened people and organisations with "further action upto and including court action" I just send them a short letters stating what they have to rectify and the time limit they have before I take the action I state.

Some cases I end up sending 3 letters in others 2 letters. Depends on the contract and timescales.

thesaint

What I'd really like to do is refer to a relevant piece of legislation (if there is one) and (I think) inform them that they will need to provide all receipts and three quotes for any work carried out as I am almost certain that they won't have done this. Do they definately need to do this to succeed?

It is not a necessity for the landlord to obtain 3 quotes for the work. I would leave that part out of any letter before action.