TDS- Should I cash the cheque??

Captain_Mainwaring_2

newbiejolly wrote: »

Because I paid for carpets in an apparently furnished flat (LL promised to pay), paint, had to buy plug in heaters because LL made me believe there was central heating (took the boiler out) had to pay more for electric because LL gave me a past tenants electric token metre number, so because id been using it it took ages for the electric company to sort out (a week before i moved out) and they owe me over 200. I had to pay for a phone line I couldnt get because the LL had loads of rubbish in the front so virgin media refused to put one in until LL moved the rubbish (had a contract so still had to pay for months) I ended up with glandular fever (I know I didnt catch it from the flat, but my body would have been run down because of the damp and mould everywhere), constantly had a sore throat and bad chest, had to put up with not having any water 2x, once for a week!!!(no choice but to stay somewhere else) had no hall lights and wonky floor boards for months, the LL made me life HELL for months, I was scared to be there because LL wouldnt even put a decent lock on the front door, I was the only one in the building for 4 months, so why wouldnt I want to take the LL to court????

Plus I wanted to make the LL think twice about treating future tennants so badly.

Yes, of course you do.

I've got to ask, why do you move in in the first place?

I wouldn't accept a dirty glass in a pub, yet you live in a bat cave for months and don't do anything about it?

OK, this LL needs a lesson, but I have to ask myself, as I hope does the judge looking at it, why you waited to get the deposit back before proceeding? shouldn't you have done so after the first 14 days? Sounds to me like you should make a real case out of it and go for the damages and out of pocket expenses that you have laid out, seems pointless not to.

Rabiddog_2

One does have to ask, If it was such a !"£$hole why did you stay there for so long?
"Boiler taken out" I can imagine the rooms having radiators, and you of course assume central heating, but! no boiler. :rotfl:

It would be worth your while contacting the housing Department to enquire whether you LL met the "decent homes std".
Some of the stuff you are complaining about does seem to be slightly self-inflicted. eg paying virgin for a non-existant service, paying for the paint, paying extra for leccy. If the flat was advertised as furnished then it should be furnished. The flat should be secure and suitable for human Habitation. If none of the above conditions are met then the LL is committing an offence.

*you wanted wonky floor boards?

Captain_Mainwaring_2

the LL made me life HELL for months,

Actually, you did this for yourself by not doing anything about it, what would it take for you to complain? the decomposed remains of the last tenant sitting in front of the TV?

I'm sorry to make light of it, but I just don't understand.

terryw

Hi Newbie,

I have come into this thread a bit late although I recollect the story from your earlier threads. It is good news about receiving your deposit and the unspecified extra but there are pros and cons about going to court for the 3 times deposit.

My own feelings are, but remember that I am not a lawyer etc etc:

1. I feel that bringing in the other factors about the state of the dwelling will merely sully the waters. This often boils down to "the place was a disgrace" "Oh no it wasn't " "Oh yes it was " and in the end the judge must make a choice between the two versions. There is no guarantee which way this will go. And you have to prove your monetary loss.

2. The question of the 3 times deposit penalty looks to be a mandatory one and this is the way where I personally would proceed. Parliament has decided that this penalty is the law of the land and you should win such a case but the warning applies....nothing is guaranteed. Your choice really.

3. The comments about judges being landlords is a little off-topic and casts grave doubts on the impartiality of the English judicial system.

Best wishes whatever you decide.

terryw

p.s I am pleased that my suggested managed to obtain a response from the LL.

newbiejolly

I was in an abusive relationship which I had to escape from, I also dont have any family to fall back on. I was moving to a new area so I wouldnt be working (no I didnt claim benefits) Most landlords want working tenants, I had savings to pay the rent until I found a job, I was looking for a place and this was my only choice at the time, not sure why you're all turning on me.

Also, I DID complain!!!

I'm done with this now, you all obviously think badly of me, so what is a judge going to think.

newbiejolly

Captain_Mainwaring wrote: »

Actually, you did this for yourself by not doing anything about it, what would it take for you to complain? the decomposed remains of the last tenant sitting in front of the TV?

I'm sorry to make light of it, but I just don't understand.

LL came around banging on my door in the evenings with LL's friends/family at unarranged times using bullying tactics, at one point the LL's son was living downstairs, I didnt feel safe & had nowhere else to go if I had to leave the contract early, so its not as simple as you make out.

newbiejolly

Rabiddog wrote: »

One does have to ask, If it was such a !"£$hole why did you stay there for so long?
"Boiler taken out" I can imagine the rooms having radiators, and you of course assume central heating, but! no boiler. :rotfl:

It would be worth your while contacting the housing Department to enquire whether you LL met the "decent homes std".
Some of the stuff you are complaining about does seem to be slightly self-inflicted. eg paying virgin for a non-existant service, paying for the paint, paying extra for leccy. If the flat was advertised as furnished then it should be furnished. The flat should be secure and suitable for human Habitation. If none of the above conditions are met then the LL is committing an offence.

*you wanted wonky floor boards?

I didnt have anywhere else to go.

I would assume that there was a boiler in the flat because of the radiators in every room, yes it was stupid of me to not check, but I was shown around at 7pm, rushed on my own after being on a train for 4 hours, I was desperate to get away. I paid my way and just because it was my only choice, doesnt give the LL the right to get away with treating people like that.

Self inflicted? I needed a phone line, the LL said the rubbish out the front would be moved, so I contacted virgin media, had a credit check and signed a contract. How is that my fault? The phone line and electric problem isnt even half of it.

tbs624

Captain_Mainwaring wrote: »

Actually, you did this for yourself by not doing anything about it, what would it take for you to complain? the decomposed remains of the last tenant sitting in front of the TV?

I'm sorry to make light of it, but I just don't understand.

No, you don't Mainwaring, you really don't ...:sad:

Some tenants do not feel in a position to challenge their LLs, and it's not really for you to judge why that should be.

Hence the need for numerous pieces of LL &T law, the need for organisations like Shelter, the need for Tenancy Relations Officers, and law centres with specialist LL & T lawyers etc....

Not all LLs are fine upstanding citizens and, before anyone retorts that neither are all tenants, there is generally a very different power position between the two parties: it's distressing when a tenant is unable to feel safe in their own home, the home for which they are paying rent.

prudryden

tbs624 wrote: »

No, you don't Mainwaring, you really don't ...:sad:

Some tenants do not feel in a position to challenge their LLs, and it's not really for you to judge why that should be.

Hence the need for numerous pieces of LL &T law, the need for organisations like Shelter, the need for Tenancy Relations Officers, and law centres with specialist LL & T lawyers etc....

Not all LLs are fine upstanding citizens and, before anyone retorts that neither are all tenants, there is generally a very different power position between the two parties: it's distressing when a tenant is unable to feel safe in their own home, the home for which they are paying rent.

Judges tend to view LL's as professional (your power theory) and, therefore, tend to give tenants the edge to a certain degree.

tbs624

I'd agree with you there Pru, but I just find it hard to fathom why some people can't understand what it must be like if your LL is a wrong 'un, and for any number of reasons you as the tenant can't just "up and off"....