Deposit advice - Updated 10.06.08

sexki11en

zebulon wrote: »

at least, print the page, save the web page (accessible offline) etc...
What to do with it, not sure, but at least you'll have it with you before it disapears!!!

That's what i'm thinking. I can save the link but if the site changes, we're screwed. OH is trying to screen grab with a date right now.

Tori_Bellatrix

sexki11en wrote: »

Should I email them and tell them that we know ther quote is double what it should be, give them the link to the website to prove it and say as long as they can prove the age of the sofa we will pay the percentage (dependant on the depreciation) of the price on the website and no more?

I'm so angry that they are trying con us! :mad:

Don't do anything in anger or frustration. You need to be calm and collected and gather together all the facts. They'd look pretty silly in front of a judge if you can easily show them to be less then honest. If you wish to make an offer, do so calmly and in writing but don't send numerous emails. Wait until they come back to you ..

sexki11en

Tori_Bellatrix wrote: »

Don't do anything in anger or frustration. You need to be calm and collected and gather together all the facts. They'd look pretty silly in front of a judge if you can easily show them to be less then honest. If you wish to make an offer, do so calmly and in writing but don't send numerous emails. Wait until they come back to you ..

Ohhhh you are sensible aren't you? lol.

Seriously tho, thanks for the advice. I'm going to go to bed now and see what tomorrow brings.

We have a screen grab with properties showing it was created today from the website and we also have the photos. Things are looking better and better.

NN all x

Tori_Bellatrix

No worries .. It's always easier for someone on the outside to be objective ... Keep us updated x

MissMoneypenny

Comrade wrote: »

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.

And for the same reason, the LL won't be able to say that the place was clean.

MissMoneypenny

sexki11en wrote: »

The only thing i'm wondering is can we clai on the insurance now we don't actually live there anyore.

Yes. They covered you for that period and if that is when the problem happened, then you contact them and ask for their legal helpline or a form to claim on their legal cover.

If they agree to cover you, they will only pay for a solicitor from when they said, so past solicitors bills won't be covered.

You can read more about it here:-
https://www.das.co.uk/what_is_LEI.asp

If you aren't covered, then try the CAB. They will have seen it all before. It might be worth contacting them anyway, as it might be quicker.

Also, try making a quick phone call to your local council's Tenancy Relations Officer (private housing) and see if they can offer you any advice. They will know what is unenforceable by the LL. It's worth contacting them anyway, as some councils are keeping lists of LLs they have problems with.

sexki11en

MissMoneypenny wrote: »

And for the same reason, the LL won't be able to say that the place was clean.

Although I do have a copy of a receipt saying the LA's cleaners went in. They went in on 10th Jan 07 however - we moved in End March. No wonder the place was dirty, it had been stood for nearly 3 months!

The LA are fighting a loosing battle I think. We say it wasn't clean enough when we moved in and they have a receipt to say it was cleaned. They say it wasn't clean enough when we moved out and we have a receipt to say it was cleaned. Only difference is, our receipt items what has been cleaned.

tbs624

Okay, so the full cost of a new sofa would be £599. It says on the web site "guaranteed for 5 years" and with careful use it could probably last 6/7 years. However, furniture in a rented property will have a shorter lifespan, because its a fact of life that if you own something you take better care of it, and potential new tenants won't want to rent a property with shoddy furniture so as a LL you'd replace it..

You say the receipt is dated 2005, ie sofa is now around 3 years old. Even if you were feeling generous, that would suggest that the sofa is around half way through its life. The maximum that she could reasonably ask you to pay is 50%, ie around £300. Have you contacted the Sofa Workshop to see how much the cost of just a new loose cover would be, if the rest of the sofa is okay? I think you do have to expect though that there may be damage to the base, when you're talking about a cotton cover and 3 cats using it as a scratching post - yes, hindsight is wonderful thing but I think I would have checked the extent of the damage on that myself before leaving.

As Tori says, slow down on the email table tennis. One final letter from you to them (Rec Del), ( keep copy ) making your final offer and giving her 7 days to return the balance of your deposit, saying that if you don't hear then you will pursue it through the County Court.


Edit: a local Council Pest Control dept will charge around £50-60 for a household flea treatment. I think that could be used as a base cost, and although the LL clearly has a duty to provide accommodation without fleas to a future tenant, the fact that this wasn't a potential cost mentioned to you at the start does leave some room for a decision based on "reasonableness".If the LL can prove that there were fleas you may possibly have to concede on some of that cost.

sexki11en

tbs624 wrote: »

Okay, so the full cost of a new sofa would be £599. It says on the web site "guaranteed for 5 years" and with careful use it could probably last 6/7 years. However, furniture in a rented property will have a shorter lifespan, because its a fact of life that if you own something you take better care of it, and potential new tenants won't want to rent a property with shoddy furniture so as a LL you'd replace it..
You say the receipt is dated 2005, ie sofa is now around 3 years old. Even if you were feeling generous, that would suggest that the sofa is around half way through its life. The maximum that she could reasonably ask you to pay is 50%, ie around £300.
The problem here is that we have yet to see a receipt proving that it was new in 05. I suspect it wasn't because everything else on the inventory stated (under condition) - new in 05 along with where it was from. Next to the sofa under condition it was left blank.

Have you contacted the Sofa Workshop to see how much the cost of just a new loose cover would be, if the rest of the sofa is okay?
No, the LA has given us a quote for covers but that cost is still £650. Given that the sofa on the website is only £599 (although the quote we have been given for the same sofa is £1,049) I am finding it hard to believe that the quotes from the shop are honest

I think you do have to expect though that there may be damage to the base, when you're talking about a cotton cover and 3 cats using it as a scratching post - yes, hindsight is wonderful thing but I think I would have checked the extent of the damage on that myself before leaving.
Hmmmmm...... not so sure. The covers were loose so there shouldn't be any damage. Even if there were a small amount of damage, it will only be superficial scratches. With new covers over it surely this doesn't render the base unsuitable for the purpose it is to be used for?


As Tori says, slow down on the email table tennis. One final letter from you to them (Rec Del), ( keep copy ) making your final offer and giving her 7 days to return the balance of your deposit, saying that if you don't hear then you will pursue it through the County Court.
Done and done (no response as yet surprise surprise lol)


Edit: a local Council Pest Control dept will charge around £50-60 for a household flea treatment. I think that could be used as a base cost, and although the LL clearly has a duty to provide accommodation without fleas to a future tenant, the fact that this wasn't a potential cost mentioned to you at the start does leave some room for a decision based on "reasonableness".If the LL can prove that there were fleas you may possibly have to concede on some of that cost.
The council have apparently quoted £94 for this flea treatment but the arguement we're making as you said above is that it was never mentioned to us until after we had moved out. My general feeling about all of this is that they thought we would just lie down and accept everything they were saying. Now they are realising they are going to have a fight on their hands, I am hoping they will see sense.

tbs624

sexki11en wrote: »

.....the LA has given us a quote for covers but that cost is still £650. Given that the sofa on the website is only £599 (although the quote we have been given for the same sofa is £1,049) I am finding it hard to believe that the quotes from the shop are honest

For your own preparation, in case you do have to go through to small claims, it would probably be worth you checking the cost for the loose cover yourself - it's only a quick phone call/email.

sexki11en wrote: »

Hmmmmm...... not so sure. The covers were loose so there shouldn't be any damage. Even if there were a small amount of damage, it will only be superficial scratches. With new covers over it surely this doesn't render the base unsuitable for the purpose it is to be used for?

Unfortunately, this sort of thing is the reason why so many LLs just try to stipulate"no pets" or impose an extra deposit charge at the start. Damage to furniture caused by pets is not "fair wear and tear" - if your cats have damaged the furniture, you'd need to compensate the LL properly, not just for a bit that suits you. It's obviously down to you to seek to resolve it all in whatever way you see fit, but bear in mind that if you go to court it works in your favour to show yourself to be the one who is entirely reasonable

sexki11en wrote: »

The council have apparently quoted £94 for this flea treatment but the arguement we're making as you said above is that it was never mentioned to us until after we had moved out. .

Just another thought - maybe check your Tenancy Agreement through again, in case there is any clause about the Tenant being responsible for any pest control that becomes necessary during the course of the Tenancy, to deal with pests/vermin that are attributable to the Tenant's acts/ommissions.