Deposit & Landlord Problems

cherryredcutie

Hiya,

I was wondering if you could give me some advice about my situation.

My bf and I rented a flat, the flat was rented out as unfurnished, including carpets and curtains (we still got the advertisement where it states that).

There were some items left in the flat but we were told by the lettings agency that they had been left by the previous tenant and that we could keep them or get rid of them, except for 2 sofas, a bed and 2 chairs for which we should let them know if we wanted to keep them or not which we did and they agreed that we could get rid of them.

We never saw or signed an inventory list although it states in the contract that "The Tenancy includes the Landlord's fixtures and fittings, furniture and effects as specified in the attached inventory".

Now that we have left, the landlord accuses us of having stolen some of her property and the agency refuses to pay out our deposit of £500, the items have been reported stolen at the police. We haven't even received a list of the apparently missing items yet. We had our final inspection of the property with the agency when we handed over the keys and they said everything was fine and the deposit would be returned to us in full.

I would be very grateful if you could let me know where I stand with this.
Thank you very much for your help.

Kind regards,
cherryred

olly300

When did you start your tenancy?

Do you have the landlady's address not just the agency?

cherryredcutie

olly300 wrote: »

When did you start your tenancy?

Do you have the landlady's address not just the agency?

We started the tenancy 3 years ago, I have the name of the Landlady but not the address.

bap98189

Do you have anything in writing? Specifically the agency agreeing that you could dispose of the furniture items.

olly300

OP you need the landlady's address to chase this further. As she is liable to give you your deposit back not the agency.

Try:
1.asking the agency but it's unlikely they will give it to you.
2. Searching for your rental property on the landregistry website http://www.landregistry.gov.uk/and then download the deeds for a cost of £3
3. If there are new tenants go round and ask them if they have her address details. Even if they don't inform them that the landlady takes deposits.

Once you have the address then write the landlady a letter with the title "Letter Before Action" giving her 28 days to pay your deposit of £500 otherwise you will take court to reclaim the money and she will be liable for costs and interest.

The letter must be sent via recorded delivery or hand delivered with a witness.

Then after 28 days go on the moneyclaimonline website and submit a small claims court application. It will cost you £50.

If you do get the address do not enter into any verbal communication with the landlady or agency do everything in writing.

olly300

bap98189 wrote: »

Do you have anything in writing? Specifically the agency agreeing that you could dispose of the furniture items.

If the tenant disposed of your property as a landlord would you go to the police and get a crime reference number?

No. The police wouldn't be interested they would say it's a civil matter.

The landlady would then have to prove that it was likely the items were in the property and they cost exactly or more than £500 to replace. This would be harder to do if there was no inventory.

TheDink

If you put a request for the landlord's name and address in writing to the agency, they are obliged to provide it to you within 21 days (quote the Landlord & Tenant Act 1985 to them). Also, your tenancy agreement should show the landlord's name and address, as well as the agent's address (Landlord & Tenant Act 1987).

cherryredcutie

Hey Guys,

thanks a lot for your replies, it's very much appreciated.

We do not have anything in writing for the disposal of the furniture except for one sofa we got rid of later, the other things we got rid off at the start of the tenancy.

I will try and get the address of the lady from the agency as I have read they have to give it to us if we ask for it.

We have already written a letter to the agency after phoning them and them telling us the landlady has reported some items missing. Now they have written us a nasty letter and told us the landlady has reported the items stolen to the police and we will hear from the police about the items.

There are no new tenants, the property is up for sale which is why we moved out.

Thanks, Cherryred

irnbru_2

cherryredcutie wrote: »

Now they have written us a nasty letter and told us the landlady has reported the items stolen to the police and we will hear from the police about the items.

What items? You don't have an inventory ......

Familiarise yourself with the machinations of EagerLearner's thread on deposit recovery.

cherryredcutie

Hey Guys,

I have tried to find out the landlords address but had no success yet.

I have downloaded the register from the landregistry, but it only shows the name of the landlord, not his address, it only shows tha address of the flat we used to live in.

I also have written to the agency and the 21 days are almost over and we also called them up but they won't give us the address over the phone.

Any idea what else I could do to find the address?

Does it still apply that they act against the law if they don't give me the address within 21 days although we are not tenants anymore now?

Thanks again for all your help!

Guy_Montag

cherryredcutie wrote: »

Hey Guys,

I have tried to find out the landlords address but had no success yet.

I have downloaded the register from the landregistry, but it only shows the name of the landlord, not his address, it only shows tha address of the flat we used to live in.

I also have written to the agency and the 21 days are almost over and we also called them up but they won't give us the address over the phone.

Any idea what else I could do to find the address?

Does it still apply that they act against the law if they don't give me the address within 21 days although we are not tenants anymore now?

Thanks again for all your help!

Now you have his name (is it a common one?)

Have you tried, for example, 192.com to track down his address?