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Problems with landlord returning deposit
Comments
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She shot herself in the foot, IMHO, by putting that in an email.
Now you have evidence in writing that at the minimum any claim from her for more than £80 is spurious.0 -
Yes jj, I did think that. This is going to take a long time I think.0
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The onus is on her to prove you caused any damage over and above fair wear and tear to the property. There is no inventory showing the condition of the property when you moved in so what evidence can she possible have? None, zilch, nada, hee haw.
If you've claimed the full deposit back and it's gone into dispute then you stand a good chance of them siding with you due to her complete lack of evidence.0 -
The thing is though, pixie they can't side with me unless she agrees to use the resolution service.0
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Tough situation. Is there anyway you can persuade her to use the resolution service? If there was no check in inventory then you will most likely win your entire deposit back.
But dont tell her that, you want to get her to agree to use it, tell her to claim whatever she wants from the DPS as long as she uses the resolution service.
The onus is on her to prove you did damage, you dont need to prove anything, so you will likely win.Faith, hope, charity, these three; but the greatest of these is charity.0 -
If she refuses is the next step the small claims court? If so then she will go to court with no proof you caused any damage and will also look unreasonable as she point blank refused to use the dispute resolution service offered by the DPS.
As Alan Partridge would say, "Back of the net."0 -
Given her behaviour and attitude, I would give your local county court a ring and ask if they will accept a claim for the deposit penalty (up to 3x the deposit) on the small claims track - these claims are supposed to go on the multi track (IIRC) which is expensive and involves lots of paperwork, but some people have reported that some courts will accept them via small claims, which is much easier. Assuming that the penalty amount would be within the small claims limits, of course.Let's settle this like gentlemen: armed with heavy sticks
On a rotating plate, with spikes like Flash Gordon
And you're Peter Duncan; I gave you fair warning0 -
OP you sound a little down about this. Youve just had a result, nice little windfall. Dont become down heartened and let them get away with this.0
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What do you mean a windfall? Don't worry, I won't be bullied and I intend to do my best to make sure I get what is correct. I've won two tribunals against the council and can be like a dog with a bone when I need to be!0
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https://www.google.co.uk/search?redir_esc=&client=ms-android-samsung&hl=en-GB&safe=images&oe=utf-8&q=windfall&source=android-browser-type&qsubts=1400083661256&action=devlocRapunzelsChameleon wrote: »What do you mean a windfall? Don't worry, I won't be bullied and I intend to do my best to make sure I get what is correct. I've won two tribunals against the council and can be like a dog with a bone when I need to be!
youve won the prize. Few hoops to jump but still a nice little earner.:j0
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