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Letter before action- iv had a reply!
LolStevo
Posts: 548 Forumite
So i sent a letter before action this morning to my ex landlord as she had stopped communication since i moved out on the 18/05/2015 and refused to give my deposit back.
I sent the shelter letter as she had also not put it in a scheme and have just had a text off her asking for my bank details to put the deposit back in today.
My letter states i can claim a penalty of up to 3 times from her however shes not acknowledging that, just wanting to pay the deposit back.
Is it worth me chasing her for the penalty or shall i refuse to settle with just the deposit?
I sent the shelter letter as she had also not put it in a scheme and have just had a text off her asking for my bank details to put the deposit back in today.
My letter states i can claim a penalty of up to 3 times from her however shes not acknowledging that, just wanting to pay the deposit back.
Is it worth me chasing her for the penalty or shall i refuse to settle with just the deposit?
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Comments
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You're entitled to damages so it's up to you what action you take. I think it would be worth it. The money was supposed to have been returned within 10 days of request....apart from having to have been protected.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
You're entitled to damages so it's up to you what action you take. I think it would be worth it. The money was supposed to have been returned within 10 days of request....apart from having to have been protected.
Well today was the 10th day from the end of my tenancy, do i reply to her sayin i accept the £595 deposit back however i also want damages as you failed to keep to the law.
Or would a court see good in them that they have returned the deposit after sending the letter?0 -
0 in damages is a value of upto 3 times.
You have got the deposit back without any real effort after just 10 days since you left. If you take it further a court could award you damages, or it could say you got the money back after writing and requesting at no actual loss to yourself.
Its a gamble whether you want to take it further or just take the view that you have won and got your money back.
If you go down the court route don't be surprised if there is a counter claim for damage to the property. Courts are frequently more in favour of the landlord than the tenant and often ignore the concept of betterment, so your victory could be short lived.
If it was me, I'd take the view that I have won and got my money back and leave it at that.0 -
Well today was the 10th day from the end of my tenancy, do i reply to her sayin i accept the £595 deposit back however i also want damages as you failed to keep to the law.
Or would a court see good in them that they have returned the deposit after sending the letter?
Even if the court thinks that its ok because they've returned the deposit, you would still get the same again.
It's cut and dry. Fail to protect and penalty of 1-3x the deposit. the minimum is the same again.0 -
Mallotum_X wrote: »0 in damages is a value of upto 3 times.
You have got the deposit back without any real effort after just 10 days since you left. If you take it further a court could award you damages, or it could say you got the money back after writing and requesting at no actual loss to yourself.
Its a gamble whether you want to take it further or just take the view that you have won and got your money back.
If you go down the court route don't be surprised if there is a counter claim for damage to the property. Courts are frequently more in favour of the landlord than the tenant and often ignore the concept of betterment, so your victory could be short lived.
If it was me, I'd take the view that I have won and got my money back and leave it at that.
Very good advice on this post !I do Contracts, all day every day.0 -
Mallotum_X wrote: »0 in damages is a value of upto 3 times.
You have got the deposit back without any real effort after just 10 days since you left. If you take it further a court could award you damages, or it could say you got the money back after writing and requesting at no actual loss to yourself.
Its a gamble whether you want to take it further or just take the view that you have won and got your money back.
If you go down the court route don't be surprised if there is a counter claim for damage to the property. Courts are frequently more in favour of the landlord than the tenant and often ignore the concept of betterment, so your victory could be short lived.
If it was me, I'd take the view that I have won and got my money back and leave it at that.
Wow talk about not knowing the law.
Its nothing to do with 'loss' or 'damages'. Its a penalty.
A penalty of 1-3x the value of the deposit.
It's cut and dry. the LL didnt protect it. the MINIMUM the tenant would get is her deposit AGAIN.
Can you give case law where the courts ignore 'betterment'. Would love to read it....0 -
Marktheshark wrote: »Very good advice on this post !
Really? mustve missed it behind all the incorrect information.0 -
See they couldnt put a counter claim in really, they disobeyed the law a few times whilst i was living there including not enough gas safety checks and not doing repairs on damp even though damp surveys and health professionals had confirmed the problems!
I dont know what to do! She caused me so much stress demanding i paint the house from top to bottom 48 hours before i moved out then holding my deposit to ransom going back on her word so many times!0 -
What was the wording on your letter before action? I would assume this was like a warning that unless the LL pays back the deposit, you will take them to court, and if you do so then there may be a penalty.
If this is the case, they have responded by doing as asked - returning the deposit (assuming it comes) BEFORE court action, so as to avoid the penalty.0 -
What constitutes legally correct and the real world are not the same.
Legally there is a case for compensation and there is also a possibility, a very strong one they come out fighting with a huge list of damages to the property .I do Contracts, all day every day.0
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