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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 31st March 2008, 00:49   #1 (permalink)
Melyn
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Default Deposit not returned, alleged damage to property

Hi All

Wondering if you have any advice/views on the following:

I lived in a property (the landlady also lived at the property) and paid a £300 deposit and my rent (paid on time each month).

The landlady took liberties at every opportunity (the house was advertised as only one lodger required), another lodger moved in a month later. My room was used/slept in when I went on holiday and landlady was rude to my guests who visited/called me on the landline.

Anyway, after putting up with all this, I decided to leave. The landlady got in quick and gave me a month's notice which I was happy with. She then, for no reason at all, served me with a one week's notice. I was horrified, but still accepted as I had decided that it wasn't safe for me to stay there anymore.

Five days before the week's notice expired, my landlady locked me out the house and witheld my possessions! The police said I could retrieve my goods which I did and I took 2 independent witnesses. My landlady then tried to say I had caused damage to an electrical appliance but the police did not pursue this as I had 2 witnesses who could confirm I had not tampered with anything.

I am still awaiting my deposit and have posted a letter to her asking for this to be returned asap.

Your views/thoughts would be appreciated. Melx
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Old 6th April 2008, 08:10   #2 (permalink)
freakyleaky
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Default Re: Deposit not returned, alleged damage to property

It looks like you will have to use the threat of court action to recover your deposit. You need to write to her explaining that unless you receive the money owed to you within 14 days you will be commencing legal proceedings to recover your money. Make sure you detail the fact that if the matter does go to court you will be claiming additional money for court fee's and 8% interest.
If you have not received your money within the 14 days then you can start court proceedings either on line with MCOL or direct with your local court.
here is the link for mcol Her Majesty's Courts Service
I hope this helps. Just ask if you have any problems or need help compiling your poc (particulars of claim)
I would say that the only disadvantage with using mcol is that the space is limited for your poc's so in your case you may find it easier to use the local courts.
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Old 6th April 2008, 19:23   #3 (permalink)
Melyn
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Default Re: Deposit not returned, alleged damage to property

FL

A big thanks for your response, it has been a great help and makes me more determined to fight my claim.

It's annoying how a lodger appears to have no rights whatsoever!!!

Melx
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