Early Surrender of Fixed Term Contract

Miss_Samantha

Guest101 wrote: »

What kind of references would you like?


It's widely known that courts prefer people to settle matters outside of court where possible. These schemes were set up with that in mind.

You could just have replied:
"No, I do not have any reference because my claim was not a fact but my opinion of how it ought to be."

Guest101

Miss_Samantha wrote: »

You could just have replied:
"No, I do not have any reference because my claim was not a fact but my opinion of how it ought to be."

I could've said that, but then it wouldn't be accurate.


I asked what kind of facts you want, as you have a tendency to ignore the facts that people present, so I thought i'd give you exactly what you ask for.


Is this the kind of thing you want?


https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct point 3. c-e especially.

Miss_Samantha

Guest101 wrote: »

I could've said that, but then it wouldn't be accurate.

Oh but it is accurate since you continue to beat about the bush instead of replying.

I was not trying to start an argument. Out of interest I was just asking if your claim was the actual position.
A simple answer would have sufficed.

I am aware of the practice direction, however it doesn't quite answer the question.

Anyway, I said in my previous post I think I have my answer. Thank you.

McTaggus

FBaby, Franklee, thank you very much for the links and the input, it's greatly appreciated - I will certainly have a read through.

I have responded to her email with evidence of what had caused the stain referenced as urine (complete with photos of the pot plant placement and door leak which caused the issues). I also responded with references back to the original check-in inventory for a couple of other items the LL has referenced were clearly our fault but that weren't identified as tenant liability in the check out inventory.

I have made a counter offer of £45 for stain remover, the replacement of two lightbulbs in light fittings 15ft off the ground we were unable to reach, and time to sweep out the garage. I'm sure it will go down like a ton of bricks compared to LL's request to retain all 3K of our deposit…...

Guest101

Miss_Samantha wrote: »

Oh but it is accurate since you continue to beat about the bush instead of replying.

I was not trying to start an argument. Out of interest I was just asking if your claim was the actual position.
A simple answer would have sufficed.

I am aware of the practice direction, however it doesn't quite answer the question.

Anyway, I said in my previous post I think I have my answer. Thank you.

Ok? I'm not aware I'm in an argument, but I still don't know what your question was?


I'm abit simple, could you spell it out for me?

McTaggus

Eerily silent from LL - with any luck the email offer will have precipitated a heart attack. Also still no response disputing the claim for full deposit on the DPS despite the original email to the contrary. For now, I shall ride out the 14 days without LL response without chasing, and simply then put forward the single claim as I don't think it will be resolved via direct communication……… Let's see!

McTaggus

10 days on from my email to the LL, and I sent a follow up stating that LL had 4 days to respond within the time allowed by the DPS, otherwise we would pursue full return of our deposit by the route allowed for by the DPS when LL's are unresponsive in the online system. Received a note back last night stating that LL had decided to take the "moral high ground" and not go through the dispute resolution process and refund our deposit in full. While LL may claim the high ground, the reality is that LL likely realised they would not win - due to lack of evidence, unreasonable claims for betterment and having already received substantial sums in addition to the early return of the property.

Still pending the authorisation in the DPS system today - we'll see when that actually gets processed - but feeling like its been a WIN!

Thank you all again, lovely MSE'ers, for your help - we wouldn't have managed to get this far without you taking the time to help guide us through! The deposit was no small sum, we have done our best to act fairly and in a principled way, and it's great to get to what feels like a very fair outcome in the face of an unscrupulous and greedy landlord!

FBaby

That's brilliant news. Some landlords really make me sick how they try to bully tenants on the assumption they don't know their rights and won't seek support. Some people really have no morals.