Please help - landlord evasive and witholding deposit

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    #46
    I am not sure you need toinclude what the LL is claiming... Just claim you monies and then if the LL applies for these charges then you can dispute them!.. I have never done this before so I may be wrong!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


      #47
      All that looks fine to me. Just double check your moving in date as you have put April 2006.

      I would just claim for the £625 deposit not all the additional costs. The Judge will award you the £80 court fee back + loss of earnings for the day and any travel expenses you incurr + interest.

      You dont need to send or attach any evidence etc. The court will request this a number of weeks before your hearing date.

      If you are attaching a seperate written statement to the N1 form (i.e. not enough room on the N1 form to write it all) at the top of your first additional sheet you must put;

      Claimant - your name

      Defendants - namr and address and contact details
      (1) LL (2) Letting Agents

      Court - name of court you are taking it to

      Address of service - your name address and contact details

      At the bottom of the last page of your additional information you must put, sign and date the following;

      Statement of Truth
      I believe that the facts stated in these particulars of claim are true.

      Your name printed here

      Sign here

      (Claimant)

      Date Here.

      At the end of your statement (just above the statement of truth) if you want to claim interest you must put the following;

      The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 15th May 2006 to 14th June 2006 of £4.20 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.14p.

      You will need to change the 14p to your daily rate of interest and the dates and the £4.20. You work this out at this link - http://www.hmcourts-service.gov.uk/i...m/interest.htm

      You will have 2 N1 claim forms. On the first in the top defendant box you put (1) Land Lady name address and contact details and (2) Letting Agents name and address and contact details. In the defendants box at the bottom of first page, you put (1) Land Lady name address and contact details. On the second N1 Form you again put both the Land Lady and Letting Agents name and contact details at the top but in the bottom defendant box you will put (2) Letting Agents Name and address.

      Even though there are 2 seperate forms the land lady and the letting agents are joint defendants and its treated as one claim. Send a copy of the LL one to the LL along with your letter before action and the letting agents one to the letting agents along with your letter before action.

      Best of luck

      Comment


        #48
        Thanks Planner - we will do this tomorrow once all the text is correct.

        If you could mark in red what we should cut or amend (and show amended text) I would be so grateful - we're close to the end of this now.

        Comment


          #49
          Originally posted by justaboutsane View Post
          I am not sure you need toinclude what the LL is claiming... Just claim you monies and then if the LL applies for these charges then you can dispute them!.. I have never done this before so I may be wrong!
          Thanks Justaboutsane - I thought it would save time including it all now but I guess not - so we claim for: £625 plus interest as shown by Planner?

          Have changed the date - looked at it too many times I guess - brain frazzled...

          Comment


            #50
            Originally posted by eagerlearner View Post
            Thanks Planner - we will do this tomorrow once all the text is correct.

            If you could mark in red what we should cut or amend (and show amended text) I would be so grateful - we're close to the end of this now.
            Im going on Holiday tonight, so will have to leave it to your good judgement. Remmember, just stick to the facts and try to look reasonable and everything should be fine.

            Keep us infomred of how it goes.

            Comment


              #51
              Originally posted by Planner View Post
              Im going on Holiday tonight, so will have to leave it to your good judgement. Remmember, just stick to the facts and try to look reasonable and everything should be fine.

              Keep us infomred of how it goes.

              Thanks Planner - as per suggestions this is the revised text we plan to present:


              Summary:

              The claim is brought due to failure of the landlord to return a rental deposit relating to an Assured Shorthold Tenancy Agreement. We have made several requests for the return of deposit, to no avail. 10 weeks after check-out we have been presented with purported expenses lacking in detail, which even if genuinely incurred, are in relation to pre-existing condition of the property, or wear and tear and maintenance issues during 2 years of tenancy. We believe the landlord is attempting betterment of her property with our deposit funds.

              • We moved into x address on 29th April 2004.

              • We paid £540 rent in advance and paid £625 deposit (receipt attached) to the letting agent.

              • A check-in inventory was produced) (copy available)

              • We paid rent on time every month for the 2 years via Standing Order

              • During the last 3 weeks of our tenancy, bathroom works were carried out by landlord which left cleaning to be done and disturbed our quiet enjoyment of the property.

              • At least 4 weeks before we moved out, the landlord stated she was going to replace all the carpets in the flat as they were ‘old and dated’.

              • At least 4 weeks before we moved out the landlord had stated she was going to modernize and ‘bring the flat up to date’ so it would be ‘more appealing to young people’.

              • We were given notice on xxxxx as the landlord wished to let the flat privately

              • We checked-out on 4th June 2006, having fully cleaned the property and returned keys

              • We asked the letting agent to be present at the departure inventory but were refused

              • We have written 3 letters to the Landlord and 6 texts since 4th June 2006 but have still not had our deposit back.

              • The only address Landlord and Letting Agent would supply us with was a c/o address which also happens to be the address for one of the invoices she has submitted.


              • The landlady has sent us a breakdown of proposed costs (copy attached), many of the claimed deductions are for items which were present on our original check-in inventory, and the remainder of her proposed costs we consider to be down to fair wear and tear as no purposeful damage was done to the property during our 2 years of tenancy.



              Any comments on this gratefully received - have a good holiday and thanks for help to date!

              Comment


                #52
                Dear all - we've now finally posted off the letter inc court documents, feels very good to have it all done - took us until past midnight last night but it's worth it. She should receive it tomorrow and we hope that by Tuesday we'll know what the next step is and honestly have no hesitations in filing court 9am Thurs if she continues to act like this.

                Anyone in this situation (I'm sure this kind of landlord is a minority) - I advise you to fight back, you cannot allow your deposit to become their 'home decorating fund'.

                Comment


                  #53
                  UPDATE: 18:48 21/08/06

                  Hi all,

                  Have come home and found that the landlady has rejected delivery of the court action letter (our third letter to her) we sent via Signed For delivery. She / whoever lives at that address (her 24/7 decorating cohort we know owns the place) would have seen it was from us as it had our names on the Royal Mail stickers on the envelope.

                  Luckily I thought she might do that, so I also sent the letter 1st class last week (just in case).

                  She was receiving mail at that address last week (as she responded to our 2nd letter) but now is pretending she has 'gone away'. As this is the address she clearly still uses for property management for other properties with the letting agent, what can we do?

                  Plus, we also sent a copy of the letter & court forms to the letting agent.

                  We were thinking to e-mail her tomorrow and say that we noted she refused delivery of one set of legal documents, but reminding her that we also sent it 1st class post and that her address is the one given to use by the letting agent for legal documents and that they have also had a copy of these.

                  She can't just run away from this and suddenly pretend she doesn't live there if certain mail turns up!

                  We intend to carry on with court action this Friday - is there anything else we should do to cover ourselves before then?

                  Thanks all.

                  Comment


                    #54
                    Please can anyone help - we are supposed to file this court claim this Friday.

                    1 - I can't help it - am still wondering if we will waste our £80 by filing court claim against her at an address she states is no longer where she receives correspondence and has already refused our mail before we have even filed the court claim... we know she gets mail from there though, even though it's someone else's house, as she answered letter #2. Now she's refused letter #3

                    2 - Should we fax the Letting Agent and ask for her current address?

                    3 - Regardless of the address on the court form, we are planning to take the letting agent to court on the same claim as the landlady - how can we present both forms (as recommended by Planner previously) via the online system - won't it charge us £80 twice?

                    Comment


                      #55
                      Not if they are down as co-defendents .. you would only get charged twice if you take separae action against them both

                      ie. YOU versus LL and Agent

                      Originally posted by eagerlearner View Post
                      3 - Regardless of the address on the court form, we are planning to take the letting agent to court on the same claim as the landlady - how can we present both forms (as recommended by Planner previously) via the online system - won't it charge us £80 twice?
                      Any information or opinion given in this post is based only on my personal experience, what I have learned from this, other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person. E&OE

                      Comment


                        #56
                        Thanks Pippay - sorry to ask so many questions but - on the other 2 points, are we better off filing the claim against the letting agents address as she still does business with them?

                        Or filing it under the c/o address she gave originally, even though she is rejecting mail from there?

                        I don't want a judge to say it was our fault as we wrote to an address she didn't get mail at...

                        I really don't know what to do

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