Contingency planning, please advise

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  • Colincbayley
    Peter is correct, the LL is trying his luck.
    If you ahve already given him a deadline of this Monday, then stick to it.
    First thing Tuesday Morning issue a small claims action, the summoms will either produce the required action, or it will go to court.
    It sounds like you have a water tight case to me.

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  • Editor
    Deposit Action

    I agree with pcwilkins.
    Sounds like you've got sufficient evidence to win your Small Claims case (with costs) if he fails to pay up beforehand.
    If you use a solicitor his/her fees will probably take most of your claim, but if you don't have time, here's a UK list of property solicitors -
    Do some reading/research and you can DIY a Small Claim - the system's designed for the layman -
    Send a Final Demand / Letter before Action stating a date when you will start proceedings, claiming all costs plus interest.
    Get the court forms and set out a clear and concise "Particulars of Claim" and an "Evidence Statement", attaching all your various pieces of evidence as supplements to the Evidence Statement.

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  • pcwilkins
    From what you've said it sounds like you've done everything right. Either LL is extremely disorganised or is trying it on. I suspect the latter.

    Best thing to do is to write a stiff letter giving a deadline (7 or 14 days, say) by which you require your deposit back or you will start legal proceedings. Once you let him know you're not just going to forget it, he might wake up a bit.


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  • fouss
    started a topic Contingency planning, please advise

    Contingency planning, please advise

    My partner and I have rented a flat for 12 months, paid a deposit of GBP 800 (1 month rent), and had a clause in the contract that stated that any party could cancel the contract after 6 months by giving two month notice. We did give two months notice (on time with registered mail), and ended the tenancy after 11 months.

    We have moved out, left the property cleaned and undamaged with everything in order. We did sign an inventory on moving in, but our landlord avoided having an inventory check at the end; i.e. I offered a date and he said he didn't have time and I should leave the keys and banking details in the house, which I did. There have been minor changes to the house with i.e. an additional mirror and shoe racks attached to a wall, but they all contribute to an improvement of the flat (Shelter at one stage informed me this was ok). I have taken high quality pictures of the whole flat and had a third person check the quality and cleanliness of the flat (third person being a friend of mine).

    We have now moved out for over 6 weeks, and still haven't received our deposit back, or any kind of news. We sent the letter with all details 10 days after moving out, with recorded mail, and sent a reminder about a week ago which gives this coming Monday as last deadline before taking county court action.

    I have a copy of the inventory, the contract, the deposit receipt, any correspondance letters and their respective registered mail receipts, and the pictures.

    From your experience as experts of the business, where did it all go wrong? i.e. what should I expect...

    Any help would be highly appreciated, and assumingly any recommendations for solicitors in this case too...

    Oh, also note that I have already been in touch with moneyclaimonline, but am now assuming that there will be contestation of the return of the deposit...which assumingly leaves me unable to claim?

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