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getting the deposit back (end of rental)

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  • loga
    loga Posts: 61 Forumite
    as advised by izzybusy23, i have phoned a sollicitor and the first appointement is free :beer: I therefore have an appointement tomorrow morning and had already had a talk via the telephone with him and he think we really have a case :j . With my husband, we are considering the option of paying for a letter written by the sollicitor so she will quickly realise that we are not letting her do what she want with our money !!! is that letter would be the letter before action ? i guess i should ask the sollicitor tomorrow :confused:

    thanks again to all of you for your support and help. This forum is fantastique (epatant en francais ;) ).

    psssssssssss for coal9011 : tonight i have cook some "butter squash soup", "compote de pommes et poires" (pear and apple compote) and some cheese and bread. No garlic, no smell, neighbours would love me :rotfl:
    my english is very french ... guess why :tongue:
  • loga
    loga Posts: 61 Forumite
    I have seen the solicitor this morning and he was really helpfull going trhought everything and telling me what was fair and was not. There is about 300 pounds that are quite fair (notably the wood floor by the dining area) and all the rest is trying on !!! can you believe that !!! Also going trhought the agreement, we state a point that says that any dispute should be risen within 28 days and in any case, she is TO late. So i also try it and have send a first letter stating the point of agrement and reclaiming the refund of the deposit in the next 14 days. If this is not successfull, we will then ask the solicitor to write a letter disputing the list of dilapidations she want us to pay.

    I also discover while surfing on the net yesterday night that she has put her property on the market for the incredible price of 650 000 pounds !!!! with an other agency : it is a 2 bedrooms flat with garden in fulham. i give you the link http://www.bushells.com/search/details.php?whatrec=54&areaID=0&nobed=3&price=0&sortby=1&perpage=2&buyorlet=1
    you can see on one picture the armchair she is replacing for the price of 795 pounds ... nice old armchair :D pffffffffffff
    my english is very french ... guess why :tongue:
  • loga wrote: »
    I have seen the solicitor this morning and he was really helpfull going trhought everything and telling me what was fair and was not. There is about 300 pounds that are quite fair (notably the wood floor by the dining area) and all the rest is trying on !!! can you believe that !!! Also going trhought the agreement, we state a point that says that any dispute should be risen within 28 days and in any case, she is TO late. So i also try it and have send a first letter stating the point of agrement and reclaiming the refund of the deposit in the next 14 days. If this is not successfull, we will then ask the solicitor to write a letter disputing the list of dilapidations she want us to pay.

    I also discover while surfing on the net yesterday night that she has put her property on the market for the incredible price of 650 000 pounds !!!! with an other agency : it is a 2 bedrooms flat with garden in fulham. i give you the link http://www.bushells.com/search/details.php?whatrec=54&areaID=0&nobed=3&price=0&sortby=1&perpage=2&buyorlet=1
    you can see on one picture the armchair she is replacing for the price of 795 pounds ... nice old armchair :D pffffffffffff

    Hang on if she's selling, she hasn't put the 'damage' right or replaced the furniture.... errr where are her receipts? Fishy....
  • loga
    loga Posts: 61 Forumite
    thanks barnaby-bear, i have received the receipts by post this morning. What i think is that she has redecorated the flat to a hight standart in order to sell it very expensively (even for fulham) and want us to pay for this ... She seeling while the market is still high there i guess (before price fall)
    my english is very french ... guess why :tongue:
  • loga wrote: »
    thanks barnaby-bear, i have received the receipts by post this morning. What i think is that she has redecorated the flat to a hight standart in order to sell it very expensively (even for fulham) and want us to pay for this ... She seeling while the market is still high there i guess (before price fall)
    Well that armchair is obviously in good enough condition to be in the estate agents photos and hasn't been replaced, print the details off and keep them, something so damaged... also that tiny bit of patio - she charged you how much to tidy..... also the fact it's a recorate to sell may help sway a judge a bit...
  • Well done loga!

    I don't think your letters will work (although it would be nice for you if they do) and after all this time 14 days is to long a period to give her. I suspect that only the issue of a court claim for the return of your deposit will have the desired effect.

    You have already sent it so after the 14 days get your solicitor to send her a letter stating your intention to start court proceeding in 7 days (don't let your solicitor get "bogged-down" in correspondence disputing the list of dilapidations - that can all be sorted out in court by the judge) and if no deposit has been returned ISSUE THE COURT CLAIM. This will show your greedy landlady that you "mean business" and give HER something to worry about.

    Remember, English solicitors (and probably French lawyers) are just businessmen with privilege's and smart suits. They must follow your "instructions". So to save you a large solicitors bill "instruct" them, sooner rather then later to issue your court claim against her. It will be quicker and cheaper for you in the long run.

    "Good Luck!"
  • And ........... on a lighter note, what is on the "menu" tonight loga??????

    No doubt some very tasty French cuisine for your lucky husband and kids?

    I shall be getting stuck-in to "bangers & mash" with onion gravy! (with Dijon mustard for the bangers of course) :D:D:D
  • loga
    loga Posts: 61 Forumite
    quickly, i have received her comments and she is lying on the cleaning saying that she had the kitchen professionnaly cleaned after the inventory in. It`s false as we had the keys right after and i was the one cleaning the kitchen in the first place. Well here is the letter i have send :

    "Dear X

    Having seen my sollicitor, I would like to rise the fact that according to point 5.9 of the tenancy agreement, a dispute concerning the deposit should be raisen no later than 28 days after the check out and therefore the deposit should be refund to us within 14 days.

    check out : 31rst of july 2007
    limit for rising a dispute : 28 of august 2007
    date the invoices (which we disagree) were send to us : 17 of september

    Many thanks for forwarding this to the landlord.

    Best regards

    Loga "

    Now we have an other 14 days to wait i think and than i will follow your advise coal9011 and make the sollicitor send a letter before action to speed it up. Thianks for your advise by the way.

    ps : tonight, i made some chicken with a pineapple / coconut milk / nut sauce and rice. And dessert will be "pommes au four" nothing so french i am afraid but still tasty :D And well done for the moutarde de Dijon : it`s the best one :D
    my english is very french ... guess why :tongue:
  • shamac
    shamac Posts: 415 Forumite
    Best of luck Loga -my landlord dispute is just about to go to court-i can't wait for it to all be over and WHEN I WIN (!) I am going to use my deposit for a weekend in France!!
  • loga
    loga Posts: 61 Forumite
    good luck shamac. Keep me informed on the court decision. When is it due ?
    my english is very french ... guess why :tongue:
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