Landlord Deposit Extortion

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    Landlord Deposit Extortion

    Hi,
    We are looking for some urgent legal opinions please.
    We are 4 and we vacated our shared house on the 5th November.
    Our total deposit was over £4000 and the landlord received this. The tenancy commenced in 2009 and the annual rent was over £25,000 so the landlady did not need to protect it back then. However the limit was increased in 2010 to £100,000. Does its effect work retrospectively or did it come into play during the subsequent annual renewals?
    Since we have left we contacted our landlady many times to ask for our deposit back and only yesterday received any details re deductions. In total she is seeking £2,500. This is for work she has conducted without any prior notice to us! We are astounded as the property was in very good condition and much of the deducted works were either unnecessary, unlisted in the invent or already conducted by ourselves ( we have invoices, photos). Some of it is trivial and we reported much of it numerous times with absolutely no action on her part.
    Our landlord also failed to conduct annual CP12 tests in the gas appliances.
    We have tried to reason with her offering around £500 (which is more than we think she deserves) and she is biligerant.
    Advice please,
    Should the deposit have been protected? Post 2010?
    How do we pursue deposit, is it an N1 small claims court issues?
    How much detail do we need on the claim form?
    If so can we incorporate her failure to protect deposit and/or CP12 breaches? Should we list these on the claim?

    Our landlady is a mass landlord and we feel she is simply used to bullying her tenants and getting her own way, we would like to do all we can to redress this and obviously get our money back. We complied with the leaving details as listed in our tenacy and paid over £500 to a professional cleaning company.

    One more relavent point is that only one of us is an original tenant, although we have proof (emails) that the landlord accepted all shbsequent replacements. Should we make the claim in the name remaining original tenant or all of those present at the end and provide our proof that she was aware and agreeable.

    Any firm advice you can give on preparing our case or details on the track it will take will be very gratefully received.

    Thanks

    Ed

    #2
    You can complain to Trading Standards.

    Comment


      #3
      Trading standards won't be interested.
      When was the last renewal tenancy signed/agreed?
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by Cartere View Post
        Hi,
        We are looking for some urgent legal opinions please.
        There's too little relevant detail in your post for definitive advice. Generally,

        There's no compensation due to you for not having Gas Safe certs.

        You'll need to show that the LLs claimed costs are either not required or too much. Bear in mind that, for example, just because you 'think' decorating a wall should only cost £5 doesn't mean that is what it costs.

        If in doubt, speak to a solicitor.
        There is always scope for misinterpretation.

        If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

        Everyday is an opportunity to learn something new.

        Comment


          #5
          Originally posted by thesaint View Post
          Trading standards won't be interested.
          When was the last renewal tenancy signed/agreed?
          I agree, I need to check but I believe 18ths ago.

          Comment


            #6
            Originally posted by Cartere View Post
            I agree, I need to check but I believe 18ths ago.
            Check.
            If a tenancy was granted/renewed anytime from the 1st October 2010, then the deposit required to be protected.
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Originally posted by mk1fan View Post
              There's too little relevant detail in your post for definitive advice. Generally,

              There's no compensation due to you for not having Gas Safe certs.

              You'll need to show that the LLs claimed costs are either not required or too much. Bear in mind that, for example, just because you 'think' decorating a wall should only cost £5 doesn't mean that is what it costs.

              If in doubt, speak to a solicitor.

              We are not seeking compensation on the CP12 issue merely to add weight to the evidence we have relating to her poor conduct as a landlord and stop her attempt at fleecing us.

              We are fair people and kept the house very well, we would accept any charges that are not vicarious. the landlord has attempted to charge us for items that are uneccesary (in accordance with outgoing invent), wear and tear or we had already paid professionals to conduct.

              Comment


                #8
                Originally posted by mk1fan View Post
                There's too little relevant detail in your post for definitive advice. Generally,

                There's no compensation due to you for not having Gas Safe certs.

                You'll need to show that the LLs claimed costs are either not required or too much. Bear in mind that, for example, just because you 'think' decorating a wall should only cost £5 doesn't mean that is what it costs.

                If in doubt, speak to a solicitor.
                further on this we are not talking about £5, she is trying to claim £450 to jet wash a driveway, £120 for window cleaning. In total some £2600+

                Plan on taking it legal but was looking to see how we would fair prior to commiting to any further costs

                Comment

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