Private Landlady not returning deposit

[thejanegirl]

We lived in our old house for one year, never had an inventory, we left the house in tip top condition, the landlady failed to turn up at the agreed hand over time (we did get a phone call from her boy friend an hour and half later asking if we were coming back) so we left a letter pointing out that the house was as we got it and dispite her not giving us any notice we had moved out at the end of the contract and we requested that she returned our deposit within 7 days, we put this letter though the door with all the key s .

No response after the 7 day deadline so we LBA'd her giving her another 7 days or court action will be taken, we sent the LBA guaranteed next day delivery, she wasn't in at the time of delivery and has still not been to the post office to collect. Her LBA 7 days are now up and still no response from her. Even though she hasn't received our LBA (thought her own doing) am I right in thinking we can just go ahead with MCOL?

[ncf355]

Hmmm

I would re send the lBA - you need to prove you have made every effort to contact her and sort this prior to court action, otherwise you risk it being thrown out

Also, when you are not issuing a formal prelim (I know you left the first letter, but you dont have proof of that I presume?) 7 days for an LBA is very short

Personally, I would send another LBA by recorded, giving her 14 days

Do you have a contract copy that you will be able to use in any action?

Also, dont use Moneyclaim, issue a proper N1 at your local county court as it gives you so much more space to properly explain your claim

Hope this helps

NcF

[thejanegirl]

We do have our copy of the contract. I used 7 days for the LBA after reading another post on here, even if the claim not to have the 1st letter its still been 16 days now since we moved out and she has failed to get in touch, would the courts not look on that as reasonable time for her to inspect the property and forward us our deposit?
she cant claim we have left any problems as she moved new people in the next day.

[MrShed]

Hang on, when did you move out? If you only moved out 16 days ago, you sent an LBA after 9 days of moving out? You've gone a bit crazy with your timescales here - the timescales you are giving her are wholly unreasonable(in a courts eyes anyway). I would totally back off now. If you do not receive anything in the next 12 days(making it 28 days since you left), THEN I would send a letter - NOT an LBA, just a formal letter requesting the return of the deposit. If nothing 14 days after this, THEN send a 14 day LBA(not 7).

Oh and I personally wouldnt send an LBA special or recorded delivery - I would just get proof of posting from the post office(free). Prevents the problem you have come across of it going back to the post office.

[thejanegirl]

July 17th 12:00 noon

[Flitwick landlord]

Originally Posted by thejanegirl

Even though she hasn't received our LBA (thought her own doing) am I right in thinking we can just go ahead with MCOL?

LBA?? MCOL??

Some people on here are way too familiar with the legal system!!