son being chased by ex landlord

[dopey dizz]

Please can anyone help me

As a student my son rented a property with fellow students, this was in the years 2003/2004 and 2004/2005 (1st Sept -30th June)

He was made to pay two deposits of £150 pounds each year.

Throughout 2005 numerous phone calls were made and letters written to the letting agency regarding the deposits how and when were they to be returned.

No reply was recieved and so my son witheld his final months rent in lieu of the deposits held (depoits held £300 rent £238.34)

The keys were handed back and we heard nothing more until 22nd November 2005 when we received a letter from the agents asking for the rental arrears ( 238.34)

We wrote back on 28th November 2005 asking for a response to our letter dated 5th April regarding the deposits

Another letter arrived dated 12th December , the deposit for 2003/2004 was being held in lieu of rent arrears ( one person who signed up never came)
and the deposit for 2004/5 had been used to cover damages which occurred at the property. please could we settle the rent arrears of £260 asap.

We wrote back 20th December, asking for clarification of rent due and as we had received nothing to say that there were any damages asked for a copy of the original inventory, a copy of the final inspection report and proof and costings of work carried out, receipts or documentary evidence.

( my son left the property in May and I fully redecorated his room on his departure and left enough paint for the other tennants to do the same)

Yet another letter arrived (dated 12th January) the rent owed was in fact £238.84 and the file was being passed over to another office to someone who was to provide me with relevant information due to the deposit for 2004/05

We wrote back 4th Feb pointing out that we have no grievance towards landlord and as a sign of good faith I enclosed a cheque to the value of £80.34 the difference between the rent owing and deposit held. I asked that the other office could get back to me asap so that the matter could be resolved.

i heard no more

until

November 2006 this time it was a letter from a firm of solicitors..enclosing photographs of damage ( these photographs have a date imprinted on them of 19th August 2005 our agreement ended 30th June)

they were asking for a further £1495.29 less £750 deposits paid leaving a balance of £745.29 to cover cleaning costs and repairs.

apparently the delay in writng was due to the fact that the tenancy had been dealt with by an agency and the landlord had only recently received the file of papers from them so he could deal with his claim.

Could we respond within 14 days.

We wrote on 22nd November but just to ask for copies of receipts for monies paid in respect of replacement equpment and costs as detailed in their letter....I also added that I had requested this information back in December 2005


I heard no more........

until yesterday when I received a letter dated 30th July 2006

enclosed within this set of correspondance is

a letter from another student disputing the charges and asking for documentary evidence of same

a letter from the landlord disputing the students comments

more copies of same photographs already received but this time A4

A photographic schedule of condition of the property in 2003 ( the photographs are not date imprinted so could be any time)

Daywork sheets from another company owned by landlord ( work did not commence until 31st August 2005)

A draft report from the letting agency dated 30th Nov 2004 which actually supports some of the other students claims

and a letter from students who took over the property 1st Sept 2005 ( which apparently the landlord were not informed by their agency thatthey had obtained new tennants for the property...I find this strange as our deposits had to be paid in the previous January/February)
This letter tells us nothing other than the place was not ready for their arrival and that the landlord fell out with the letting agency.


yet again we have been asked to reply within 14days




sorry to be so longwinded ..any help/advice would be gratefully received

Many Thanks

Dopey Dizz...although at the moment i feel like a dizzy dope!

[MrShed]

Did your son complete and sign a full inventory upon entering the property? It would also be useful to give us details of the damages claimed by them.

[dopey dizz]

I am not sure and he can't remember...I am trying to contact the other student who has responded. I have now spoken to the other student who thinks they were shown an inventory but cannot remember having signed one.

The sum is made up of:-

General clearance of waste, personal effects left by tennants, cleaning of kitchen appliances, cleaning of kitchen units and work surfaces, cleaning of bathroom and WC, cleaning of woodwork, windows - inside and out, carpet cleaning and garden clearance. £602.50 ( copy of invoice now received showing date of tipping as 27th September 05!)

Replacement oven including removal and disposal of damaged unit £131 ( according to the other students letter the oven blew up without warning and was immediately reported to the lettings agency but nothing was done...the landlord disputes the blow up and I personally know nothing of this..duplicate invoice now received showing cost of oven as £35.25)


Re-decoration of damaged paintwork to walls and ceilings £277.75

Repairs to damaged bedroom door £65.64

Replacement drawer to fridge freezer £55 ( according to invoice now received not ordered until 13th September but showing in photographs dated 8th September and cost showing as £39.95)

Re fixing of door furniture(letterbox cover) and handrails to stairs £27

Replacement toilet seat and cover £35


Thanks for looking at this.

[MrShed]

I would probably write to the solicitor or LA disputing the validity of the photographic inventory due to the lack of dates and the lack of the tenants acceptance of these photographs as a true reflection of the condition of the property upon moving in. State that without this, they have no VALID base condition(ie proof of the condition at the beginning of the tenancy), and as such, no true comparison can be made and therefore no damage costs can be enforced. This would be a good starting point, and see what they say.

[dopey dizz]

Thanks I have pm'd you with some interesting additional information

[MrShed]

I would stick with that for now, and keep the trump card that you have PMd me for the court should it get that far. But I would post that on here - it allows other people to give their opinion and correct me if they think I am wrong!

[dopey dizz]

Ok thanks
here is the additional information as pm'd to Mr Shed

Thanks for your help.

I have since found photos of the property on the landlords website and guess what....

the photo on the front of the schedule of condition as at June 2003 was actually taken on 29th May 2005.

Do I mention that I have seen this at this stage or do I just send the message you suggested.

sorry if i am being a nuisance but this just proves to me that we are not dealing with a reputable landlord

Thanks

[dopey dizz]

Ok I have just drafted a letter as I have been asked to reply within 14 days. Would you mind checking it please? Should I add that this is the first time we have seen this schedule? I hope that other students/students parents can read this thread and not be as naive as were.
Thanks

Thank you for your letter dated 30th July and a copy of your response to xxxxxxx. I would have preferred a reply to my own letter rather than a copy of your reply to someone else; I find it unreasonable that you have taken seven months to respond.

At this stage I question the validity of the photographic schedule of condition due to the lack of dates and the lack of the tenants acceptance of these photographs as a true reflection of the condition of the property upon moving in. I believe that without this, there is no VALID base condition (i.e. proof of the condition at the beginning of the tenancy), and as such, no true comparison can be made and therefore no damage costs can be enforced