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Letter before action- iv had a reply!
Comments
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Marktheshark wrote: »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 .
Good for them. Are these proveable? A LL who doesnt protect a deposit isnt the most reliable for 'their word'.0 -
Marktheshark wrote: »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 .
The list can be as huge as they want.
Proving said damage is another story.
What are the odds a landlord who failed to understand deposit protection had an independent check in/out inventory.0 -
saverbuyer wrote: »The list can be as huge as they want.
Proving said damage is another story.
What are the odds a landlord who failed to understand deposit protection had an independent check in/out inventory.
Correct! no inventory was done, i got plenty of pictures showing i had tried to repaint the damp walls however the paint wouldnt stay on!
The letter was from shelter basically said 'if i do not receive the deposit plus an agreed amount being the penalty for failing to comply with the law within 14 days i will go to court'.0 -
I would imagine that any landlord who failed to protect the deposit and has offered it back in full after a threat of legal action would then be more than likely to counter claim in a court action should you take this option after having the deposit paid back, Put it this way she was slippery enough not to protect it and then hope you would roll over and allow her to keep it so what is to say she has a false list of missing stuff that is a lot more than your claim.
If it were me and I had been offered and got my money back I would move on and save time, stress and expenditure chasing what may amount to nothing extra bar a bill if it goes against you.0 -
Stevie_Palimo wrote: »I would imagine that any landlord who failed to protect the deposit and has offered it back in full after a threat of legal action would then be more than likely to counter claim in a court action should you take this option after having the deposit paid back, Put it this way she was slippery enough not to protect it and then hope you would roll over and allow her to keep it so what is to say she has a false list of missing stuff that is a lot more than your claim.
If it were me and I had been offered and got my money back I would move on and save time, stress and expenditure chasing what may amount to nothing extra bar a bill if it goes against you.
Good for you.
So the LL breaks the law, risks the tenants money, but because shes returned it after a load of stres it's ok?
For me, screw that and screw the LL. Court, straight away.
The LL can have a list as long as they want, it's proveable damages. Which will be quite difficult.0 -
Is there anything that could make me lose out if i take her to court?0
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Is there anything that could make me lose out if i take her to court?
As long as you are certain (which i suspect you are) that the deposit was not protected, the penalty is a Minimum of 1x and maximum of 3x the value of the deposit.
I cant comment on any counterclaim as i dont know enough about your individual circumstances. However it sounds like a safe bet.0 -
As long as you are certain (which i suspect you are) that the deposit was not protected, the penalty is a Minimum of 1x and maximum of 3x the value of the deposit.
I cant comment on any counterclaim as i dont know enough about your individual circumstances. However it sounds like a safe bet.
Thanks,
i have checked with 3 schemes a few times and nothing and the landlord didnt know who it was with!
The counterclaim is what worries me as they have been so horrible for the past 2 years!0 -
The counterclaim is what worries me as they have been so horrible for the past 2 years!
What grounds do you think they might have to counterclaim? What evidence would they have to back these grounds up?
I believe that most judges are far from stupid and can tell when someone is inventing baseless claims as revenge for the other party claiming their lawful rights.
However, if you believe that the LL might have a valid and provable claim against you, you might want to reconsider.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 -
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