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Deposit advice - Updated 10.06.08

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Comments

  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    Have you got house contents insurance and does it have legal cover on it? If so, see if they have a legal helpline. Or they might be able to give you a solicitor for just the cost of your excess on your policy.

    I have read that some credit cards have a legal helpline too, so they might be able to help you.

    Failing that, talk to the CAB.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • sexki11en
    sexki11en Posts: 1,286 Forumite
    Have you got house contents insurance and does it have legal cover on it? If so, see if they have a legal helpline. Or they might be able to give you a solicitor for just the cost of your excess on your policy.

    I have read that some credit cards have a legal helpline too, so they might be able to help you.

    Failing that, talk to the CAB.

    MissMoneypenny

    Thank you for your advice. We have a very coprehensive contents insurance (OH has several downhill bikes that ost insurers won't cover) so we pay a little more than average for the insurance.

    We'll check that out tonight. The only thing i'm wondering is can we clai on the insurance now we don't actually live there anyore. We've had this policy for years and never think to claim (I know - doh!)

    Will update you when we know more.
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • sexki11en
    sexki11en Posts: 1,286 Forumite
    Are you dealing with all corresspondance yourself SK, or have you engaged the skills of a solictor. I know it's further expense but it helped me get my deposit back recently and showed my devil of an ex-LL that I wasn't prepared to mess about. I did have a thread running for the duration and I got so much support on this thread it was fantastic ...

    Hi Tori,

    I followed your thread with interest as I just knew this would happen. I'm dealing with all correspondance myself at the moment but may have to think further than that I guess. My bosses sister is a solicitor and has offered to write the initial letter for free to see if that shakes them into doing something....
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • sexki11en
    sexki11en Posts: 1,286 Forumite
    I'm at a loss as to why when the tenant knew there was damage to the sofa, why they didn't get it put right themselves?

    I'd also like to see you deny the presence of a cat when the sofa has teeth marks in it.

    See it from both sides, if you were the landlord would you want to be messing about with this?

    I had a tenant once who burnt a kitchen worksurface with a cigarette, despite I didn't allow smoking inside, then denied it - then she demanded the deposit back quite vehemently. She got a bit of surprise when she was informed that the deposit wasn't enough, and thought I should change the item myself to save money.

    Your completely missing the point here aren't you? I am completely prepared to pay for the damage done but I WILL NOT pay for something over and above the value.

    They can't (or won't) provide me with a receipt, have got quotes for a completely different model - despite saying if it's just the covers damaged we can replace them - errrr....how when the quote for the covers you have won't fit the sofa thats in there???!!! The answer is that they have every intention of telling us the frame is damaged and paying for a new sofa!

    There are no 'teeth marks' on the sofa, they pulled some threads on it with their claws.

    The LA and LL are both now denying the permission of cats so they can claim MORE money from us for flea treatment (which was never mentioned either verbally or in the contract until AFTER we had moved out) despite giving the permission it in the beginning - that is just underhanded and downright dishonest. If they want to fleece me then i'll play it the same way back.

    Yes we are in the wrong for the damage that was done - I AM NOT DENYING THAT but tell me this Mr Mainwaring, would you pay for a replacement of something when you were clearly being lied to to gain more and haven't even seen any proof of the (supposed and extortionate) original value and age?
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • Tori_Bellatrix
    Tori_Bellatrix Posts: 1,310 Forumite
    Part of the Furniture Photogenic Combo Breaker
    sexki11en wrote: »
    Hi Tori,

    I followed your thread with interest as I just knew this would happen. I'm dealing with all correspondance myself at the moment but may have to think further than that I guess. My bosses sister is a solicitor and has offered to write the initial letter for free to see if that shakes them into doing something....

    That's good then ... I hope you get your money back and now I will follow your thread with interest, chipping in where I can ... :D ..
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
  • Tori_Bellatrix
    Tori_Bellatrix Posts: 1,310 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Had a thought ... did they carry out any inspections during your tenancy duration? They were bound to have seen the cats during these inspections. If so, how come they didn't say anything before ..
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
  • sexki11en
    sexki11en Posts: 1,286 Forumite
    Had a thought ... did they carry out any inspections during your tenancy duration? They were bound to have seen the cats during these inspections. If so, how come they didn't say anything before ..

    Very good point Tori and one I have discussed with my OH. The LA carried out inspections every 12 weeks (which i'm sure does not give us 'quiet enjoyment!) and no, they never commented at all during those inspections.

    As an aside - We have found the photo's we took on the day we looked round the flat. These are dated and show several areas which were clearly not cleaned including mould (shower and living room skirting), hair in the sink plughole, dirty mirrors, general dirt, cobwebs and even a used and empty toilet freshener left in the bathroom. All things which they are now trying to charge us for, despite the fact we had professional cleaners in.

    The photos werent even taken for the purpose of recording this info so goodness only knows what they would have shown if we were specifically taking them to show the dirt!

    I'm glad we found them as although they aren't crystal clear, surely it gives us some defence?
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • Comrade
    Comrade Posts: 18 Forumite
    Hi! I am by no means an expert on legal issues, but having read quite a few threads like yours, i have a few thoughts that may help you. First, if you choose to go to the court, both you and LA/LL will have to prove EVERYTHING. What they have said to you of vice verse won't matter.
    Do you have any written confirmation that cats were allowed/disallowed in the property? Did you AST state that?
    If they are unable to produce original receipt for the sofa then, i think, they won't be able to claim the maximum price there is on the market for it. Find the cheapest quote for the same type sofa. BTW, why didn't you claim on the insurance straight away? Whats the point of having the policy if you don't benefit from it?
    Unfortunately if you don't have the inventory signed by both you and them, you won't be able to proof that the property was dirty before you moved in.
    Anyway, you won't get the full deposit back. Maybe half, depending on the judge. Next time follow al procedures correctly and NEVER trust agents/landlords.
  • sexki11en
    sexki11en Posts: 1,286 Forumite
    Below is an e mail I am about to send to the LA reminding them of things they still haven't sent me. Any advice would be gratefully received...

    Dear LA
    I am still awating a response for the email I sent (below) on Monday. (this was asking them to explain how the quoted replacement covers would fit on the exiting sofa!)

    I am also still waiting on a receipt for the sofa and a copy of the checkout inventory as we have now found the photos whick we took on the day we looked round. These are dated and show several areas which were clearly not cleaned including mould (shower and living room skirting), hair in the sink plughole, dirty mirrors, general dirt, cobwebs and even a used and empty toilet freshener left in the bathroom. All things which you are now trying to charge us for.

    I would appreciate a prompt reply to this as I intend to send my first letter to Ms LL after Wednesday 28th May in order to commence court proceedings to recover our deposit.
    After 4 years of heartache, 3 rounds of IVF and 1 loss :A - we are finally expecting our miracle Ki11en - May 2014 :j

    And a VERY surprise miracle in March 2017!
  • Comrade
    Comrade Posts: 18 Forumite
    Wait a second, they have got the inventory signed by you and it states that the property was dirty, right? If thats the only inventory they got than you are OK. They can't prove that the property was clean before you moved in unless they have the inventory signed by you that states that everything was clean.
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