Deposit not protected?

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    #16
    Originally posted by Maddy1 View Post

    Is it still feasible to send the letter requesting the deposit back?as it still seems the costs were excessive but she has invoices and photos ??
    She would also need evidence of the condition of the property at the start of the tenancy. Was a check-in inventory carried out when T moved in?

    Comment


      #17
      Comments based on the assumption that there was a check-in inventory carried out at the start of the tenancy, and that the house was originally clean to a professional standard, and the garden maintained to a good standard, and all appliances etc working on move-in day:

      1. £200.00 full cleaning of the house - (20 x £10 per hour)
      20 x hours seems rather a lot. How big is the house?

      2. Gardening £50.00
      Weeding, etc?

      3. Plumber repair flush £60.00
      How did the flush break? If not due to damage/negligence by T, T not liable.

      4. Replacement of glazed unit £45.00
      Ditto.

      5. damage to worktop £20
      Fair, if T caused damage.

      6. Damage to cieling £23.00
      Ditto.

      7. Cleaning of hob £25
      In addition to 20 x hours of cleaning??

      8. Hinge £9.00
      Hinge of what?

      9. Carpets £50.00
      Replacement? Cleaning?

      10. Repainting of walls as 'scratches marked' £250.00
      T is not liable for fair wear and tear. What sort of marks/scratches? If the type caused by everyday life, T not liable.

      11. Fridge broken £75.00
      12. Electric oven not working £200.00

      How did the appliances break? Is T or LL responsible for repairs under the provisions of the tenancy agreement?

      13. time of landlord £60.00 arranging the above
      Calculated how?

      Comment


        #18
        Originally posted by westminster View Post
        Comments based on the assumption that there was a check-in inventory carried out at the start of the tenancy, and that the house was originally clean to a professional standard, and the garden maintained to a good standard, and all appliances etc working on move-in day:

        1. £200.00 full cleaning of the house - (20 x £10 per hour)
        20 x hours seems rather a lot. How big is the house?

        IT IS A 3 BEDROOM HOUSE

        2. Gardening £50.00
        Weeding, etc?

        YES WEEDING AND GENERAL CLEAN OF GARDEN AND REMOVAL OF IVY OFF WALL???(WHICH HE WAS INSTRUCTED TO CLEAN)

        3. Plumber repair flush £60.00
        How did the flush break? If not due to damage/negligence by T, T not liable.

        JUST SAYING IT WAS FOUND BROKEN

        4. Replacement of glazed unit £45.00
        Ditto.

        5. damage to worktop £20
        Fair, if T caused damage.

        SOMETHING ABOUT BEING SOME SUBSTANCE BEING STUCK AND THEN HAD TO BE REMOVED AND IT NEEDED TO BE RE-SANDED.

        6. Damage to cieling £23.00
        Ditto.

        7. Cleaning of hob £25
        In addition to 20 x hours of cleaning??

        YES

        8. Hinge £9.00
        Hinge of what?

        HINGE OF BEDROOM DOOR

        9. Carpets £50.00
        Replacement? Cleaning?

        CLEANING

        10. Repainting of walls as 'scratches marked' £250.00
        T is not liable for fair wear and tear. What sort of marks/scratches? If the type caused by everyday life, T not liable.

        LIKE SCUFF MARKS FROM THE PICTURES

        11. Fridge broken £75.00
        12. Electric oven not working £200.00

        How did the appliances break? Is T or LL responsible for repairs under the provisions of the tenancy agreement?

        THERE IS A CLAUSE SAYING T IS RESPONSIBLE FOR NET COSTS ETC OF REPAIR, MAINTENANCE TO FIXTURES AND FITTINGS.

        13. time of landlord £60.00 arranging the above
        Calculated how?
        6 HOURS AT £10 PER HOUR


        Sorry re caps i wasnt sure how to distinguish my responses to yours which you kindly have asked. I am thankful for your help.

        the letter before action do you think it is worth doing on the above basis? and would it be mentioned in that letter regarding the claim for the deposit not being put in the deposit schemes.

        I guess from your post that two claims will have to be done not one. Can it not be covered in just one claim?

        Thanks again and sorry for the questions.

        Comment


          #19
          Originally posted by Maddy1 View Post
          the letter before action do you think it is worth doing on the above basis? and would it be mentioned in that letter regarding the claim for the deposit not being put in the deposit schemes.
          Yes, include the fact that LL has failed to comply with deposit protection under and remind LL of the 3x deposit sanction under s.214 Housing Act 2004.

          Yes, I think T may have a valid claim for at least some of the deposit - but it would help if you would answer the question about whether an inventory check-in was carried out.

          I guess from your post that two claims will have to be done not one. Can it not be covered in just one claim?
          T has two options:
          1. Claim for return of deposit only (which can be done via Money Claim Online of form N1). This would be allocated to the small claims track, costs are low, and T doesn't need a solicitor; OR
          2. Claim for return of deposit plus the 3x deposit sanction for non-compliance (which must be done using form N208). This would be allocated to the multi-track, where court fees would exceed £1,000 and T would be exposed to LL's legal costs if he lost the claim. It would therefore be advisable for T to seek professional legal advice before pursing such a claim.


          See the links I posted in post #2.

          Note that there is no guarantee T would win a claim for non-compliance.

          A lot depends on a couple of appeal court cases heard last month. The rulings are not yet known, but one possibility is that the LL may be able to avoid the 3x deposit sanction by protecting the deposit late, or by returning it to T. So, it would advisable to await the outcome of the recent cases before considering whether to submit a claim. See

          http://blog.painsmith.co.uk/2010/02/...cision-on-tdp/
          http://blog.painsmith.co.uk/2010/04/...come-to-court/[/QUOTE]

          Comment


            #20
            Yes there was an inventory list carried out at the beginning of the tenancy.

            Ah I see, thanks so much for your help :-)

            Comment


              #21
              Originally posted by Maddy1 View Post
              Yes there was an inventory list carried out at the beginning of the tenancy.
              And was the property clean to a professional standard, all appliances etc working at the outset etc?

              Comment


                #22
                From the inventory list there is an additional part where it states at the bottom of the list that all flooring carpets plastering fixtures and fittings inside and out are new unmarked condition.??

                Comment


                  #23
                  Two threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

                  Comment


                    #24
                    Tenants have vacated property

                    hi,

                    Back again, I have only found out today my tenants left the property as soon as they received my s.8 notice.

                    The notice expires this Friday.

                    I have some questions:
                    1. Do I still need to issue the claim in the court etc for posession?
                    2. Do I need to mention they have left the property in the claim?
                    3. If I still need to do the claim - is it better that I attach everything to the claim ie. the bundle which I would have to do later on anyway for the court to save time?
                    4. The tenants had not paid rent for three months and there is no forwarding address? Is there any point chasing them for rent and if so how?


                    thanks

                    Comment

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