Expired tenancy my rights?

alleycat465

Well thanks for the advice everyone she text to confirm she accepted the notice a week later, I have paid up my rent to that date. i had told her previously I was to go on holiday for two weeks this last week and the next I let her know as it's in my contract to inform anything over 10 days. I didn't fly due to ill health, yesterday she turns up doesn't knock and used the key she has to let herself in... I'm not happy about this, she says it was to check on the rat situation while I was away but she could have told me!

[Deleted User]

Check on the rat situation?

alleycat465

Yeah as in my OP I had a rat problem, (couldn't log in on my other username) there has been rodent activity since, that I informed her of. If I was on holiday like I was supposed to be I'd have been none the wiser... but having said that to view it from her point of view I was supposed to be abroad so texting would have been a costly way of communication? I don't know I guess I was just a little shocked to see her

Pixie5740

It wouldn't have cost her any more to text you because she would be texting a UK phone number regardless of where that phone actually is. Your carrier might charge you for receiving a text message abroad but I cannot think of any network carrier who does this. Receiving calls abroad yes, text messages no.

That's by the by, no matter the cost she should have contacted you to let you know she planned to enter your home. Thankfully you'll be shot of her soon enough.

alleycat465

Ok so updating this as I need some help please
She's decided to keep my deposit I met her at the property so she could show me justification she pointed to some cobwebs in the corner of the lounge and said that the property was spotless when she let it out. IMO it's a small issue I missed a bit when cleaning the property! I told her the property was not clean originally and have the original inventory with pictures that shows it was dirty and the comments for every room says 'dirty needs a clean' I showed her this and she got quite confrontational and told me she needed to keep hold of it. Not a chance.
I told her that we needed to go through the proper channels and open a dispute with the tenancy deposit protection scheme she put it in. She then claims she doesn't have it and never got it back from the estate agents she let through in the first place. I knew this wasn't true but contacted them and they emailed me confirming she was given it.
Where do I go from here? Do I write her a letter requesting it back? If so what do I say?
Thanks

Jenniefour

Some cobwebs in the corner of the lounge?! That really takes the biscuit. Good for you for taking photo's when you moved in, and for not handing them over.

So she didn't get your deposit into a protection scheme. Not the cleverest move.

Won't advise, as I don't know enough - 'A' team will be steaming along soon. I bet you're pleased you've moved out!

theartfullodger

Good advice from shelter over deposit dispute...
https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_tenancy_deposit_back

& to sue her for up to 3xdeposit...
https://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

Stupid landlord

G_M

Start with a polite formal letter asking her for the deposit back in full within 5 days.

She then claims she doesn't have it and never got it back from the estate agents she let through in the first place. I knew this wasn't true but contacted them and they emailed me confirming she was given it.

I'm really unsure what this means. Is 'it' the details of deposit registration?
Either way, have you actually checked with each scheme to see if it is or is not registered? Do that now.

If it is not registered, then end your letter by saying taht after 5 days if the deposit is not returned, you will take legal action for both the deposit, and the penalty for non-protection as per the Housing act.

If it is registered, end by saying that after 5 days you will raise a dispute with the deposit scheme.

Now read

* Deposits: payment, protection and return

alleycat465

Thanks for the links, they are incredibly helpful, I have checked the schemes and can not find any records of my deposit in them, I didn't take the photos jenniefour I have them from the inventory that the letting agent gave me, she says she has to get the place 'industrially cleaned' and used the cobweb as evidence. When I moved in my dad paid to have the place cleaned as it was filthy (even says in the inventory comments, needs a clean a vacuuming etc) id have cleaned it but my arm was in a sling back then!! She claims that her husband deep cleaned it before I moved in.
I've written a letter a polite one requesting my deposit back, I've said that due to her not providing me with Information regarding my deposit Its protection I have come to the conclusion that she has not protected it and this breaks tenancy deposit rules/laws I've mentioned the housing act etc etc. I really hope this doesn't go as far as court she can afford legal representation I'll just have myself my inventory and a note pad!
G_M maybe you could represent me? I don't have any money to pay you but I make a mean lasagne lol

G_M

As I'm not a lawyer I can't represent. Howeve in return for a lsagn I could attend as a 'friend' to provide support.

But you don't really need help. If the deposit is unprotected, that is a clearcut case - you just have to state that and it is for the landlord to prove you wrong by showiing evidence of protection.

The deposit deduction seems equally clearcut. You have an inventory, with photos, prepared by the landlord at the start of the tenancy, showing dirt and stating it needs vacuuming. You've left a few cobwebs - so it needs vacuumng! You've left it as you found it.

You also hav the receipt (I hope) from the cleaning your dad arranged.

You simply state these facts and present the supporting documents. Because of the failure to protect the deposit, the judge will already be inclined to believe you over the LL.

Now, where are we with wine to accompany the lasagne?