Hi this is my first post here
I have a on going problem with my ex LL's, our dispute is currently with the courts and we are awaiting a court date. I have researched my case extensively but I thought I would post it here in case you knowledgeable folks can open up any questions that I haven't considered.
Our AST commenced in August 2007
Our deposit has not been protected
The property is a 2 bed that had the opportunity to be a 3 bed as part of the living room sectioned off by the means of a sliding wall. We spoke to LL about getting a 3rd person in prior to signing the contract and was told this would be ok as long as the rent was covered.
Lots of debris was left from previous tenants, e.g. old pots and pans, a bin, old duvet and pillows, door mat that was mouldy and soaking wet, we spoke to LL2 and was told this can be disposed of as hardly anything there was theirs, and to told on to the rest and they will collect it (we boxed some stuff but it was never collected, we have a witness who heard this
In October we found a 3rd person and she moved in, we gave her a copy of our ast for her reference (she said she signed it, don't really know why as she isn't part of the original contract), she then paid a cheque for rent into LL's account and gave us a cheque each for £200 (total £400) to make us all have put in an equal deposit amount of £400 each for any damages.
A few weeks later LL issued us 3 with a section 21 saying they wanted to sell (this was issued 1 month too early and is not valid as our deposit is not protected)
T3 then states that she is going to get advice from her solicitor as LL has broken her contract, LL says there is no contract with you, we thought you were there friend.
Basically LL said we committed fraud and Illegally sublet and was going to be arrested
We all agreed a date to move out and gave back the keys (over 2 months before the break clause). LL entered and said we left the place in a state, I PROMISE YOU IT WAS NOT, there were 6 small holes from my shelves that I tried to repair but didn't do a good job of, I admit this. LL also says we stole their stuff (the stuff LL2 told us the throw away). Therefore basically refuse to give as back any of our deposit.
We took them to court for lack of protecting our deposit a and the x3 compensation, they have counterclaimed for loss of property (the items we threw away); also in LL's statement they state that the previous tenants said they can throw away 2-3 items that they are claiming for on their expenses sheet! Rent for after we moved out and gave back keys, council tax (which is paid and up-to-date!), repairs, carpet cleaning (which had not been cleaned since 2006 from when the previous tenants moved in), general cleaning (we had to thoroughly clean the place before we moved in). Oh and also they are claiming back the new locks for the front door!!! it seems like they are just making up numbers!!
I have since noticed that the inventory that doesn't state anything such as pots and pans and isn't even signed by us or LL or even have our names on it. Also I can't verify any of the companies they used, I checked 118 and the internet and can't find any information on them, also the carpet cleaners email is just a quotation and not a receipt, they have provided printouts fro the IKEA website for their receipts for loss of property?!!, They have submitted costs from their mortgage company (not sure what is for) but this has nothing to do with us and is not referenced in our ast,
I would also like to mention that it was a compact new build property, we previously lived in the block and purchased everything we would need, there was no space to keep 2 of things such as a kitchen bin, cutlery etc theses were the things that were disposed of, I think it was unfair of them to later expect us to throw away our stuff to keep hold of ex tenants stuff.
What are your thoughts on this?
Many thanks
I have a on going problem with my ex LL's, our dispute is currently with the courts and we are awaiting a court date. I have researched my case extensively but I thought I would post it here in case you knowledgeable folks can open up any questions that I haven't considered.
Our AST commenced in August 2007
Our deposit has not been protected
The property is a 2 bed that had the opportunity to be a 3 bed as part of the living room sectioned off by the means of a sliding wall. We spoke to LL about getting a 3rd person in prior to signing the contract and was told this would be ok as long as the rent was covered.
Lots of debris was left from previous tenants, e.g. old pots and pans, a bin, old duvet and pillows, door mat that was mouldy and soaking wet, we spoke to LL2 and was told this can be disposed of as hardly anything there was theirs, and to told on to the rest and they will collect it (we boxed some stuff but it was never collected, we have a witness who heard this
In October we found a 3rd person and she moved in, we gave her a copy of our ast for her reference (she said she signed it, don't really know why as she isn't part of the original contract), she then paid a cheque for rent into LL's account and gave us a cheque each for £200 (total £400) to make us all have put in an equal deposit amount of £400 each for any damages.
A few weeks later LL issued us 3 with a section 21 saying they wanted to sell (this was issued 1 month too early and is not valid as our deposit is not protected)
T3 then states that she is going to get advice from her solicitor as LL has broken her contract, LL says there is no contract with you, we thought you were there friend.
Basically LL said we committed fraud and Illegally sublet and was going to be arrested
We all agreed a date to move out and gave back the keys (over 2 months before the break clause). LL entered and said we left the place in a state, I PROMISE YOU IT WAS NOT, there were 6 small holes from my shelves that I tried to repair but didn't do a good job of, I admit this. LL also says we stole their stuff (the stuff LL2 told us the throw away). Therefore basically refuse to give as back any of our deposit.
We took them to court for lack of protecting our deposit a and the x3 compensation, they have counterclaimed for loss of property (the items we threw away); also in LL's statement they state that the previous tenants said they can throw away 2-3 items that they are claiming for on their expenses sheet! Rent for after we moved out and gave back keys, council tax (which is paid and up-to-date!), repairs, carpet cleaning (which had not been cleaned since 2006 from when the previous tenants moved in), general cleaning (we had to thoroughly clean the place before we moved in). Oh and also they are claiming back the new locks for the front door!!! it seems like they are just making up numbers!!
I have since noticed that the inventory that doesn't state anything such as pots and pans and isn't even signed by us or LL or even have our names on it. Also I can't verify any of the companies they used, I checked 118 and the internet and can't find any information on them, also the carpet cleaners email is just a quotation and not a receipt, they have provided printouts fro the IKEA website for their receipts for loss of property?!!, They have submitted costs from their mortgage company (not sure what is for) but this has nothing to do with us and is not referenced in our ast,
I would also like to mention that it was a compact new build property, we previously lived in the block and purchased everything we would need, there was no space to keep 2 of things such as a kitchen bin, cutlery etc theses were the things that were disposed of, I think it was unfair of them to later expect us to throw away our stuff to keep hold of ex tenants stuff.
What are your thoughts on this?
Many thanks
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