fire damage/bond and rent dispute

[m.bentley]

help: my sister has lived in a private rented house through a letting agent.In July this year there was a fire in the house caused by a gas leak:- luckily both my sister and her 2yrold child managed to escape the fire.There was a lot of damage to the house and contents.My sister was insured the landlord was not.My sisters insurance co have been to the house and done the usual insurance assessment nearly everything was smoked damaged and destroyed.The landlord is now being funny stating there is damage to this and that and bathroom stuff is missing, but this was because it was damaged in the fire and insurance co have destroyed them.We are having trouble getting the bond £750.00 and nearly three weeks rent £370.00 back from them now.
1.the landlord had no insurance so is trying to claim from my sister for fixtures and fittings is this allowed?
2.do I take the landlord or the letting agent to the small claims court?
3.is she in her right to claim for the three weeks rent she had paid for but not lived there because of the fire?
hope this makes sense help needed urgently:::::::::

[Nightmare4banks]

mbentley,sorry to read about your sister and her child.The main thing they are okay.

Now before I post a reply,please answer the following questions:

1.Was the agreement drafted between your sister and the agent or your sister and the landlord?

2.Where did your sister and her child live after the fire incident?

Now regarding the £370,your sister's landlord should have either housed her in alternative accomodation at his expense i.e. in another property he may own or if not even B&B accomodation and him pay for it.In my view your sister would be entitled to have the £370 refunded plus reasonable alternative accomadtion costs for those three weeks.

The answers to the above questions should hopefully enable me to assist you further.

[m.bentley]

hi nightmare4banks thanks for your reply: answers to your questions are
1. the agreement was drafted between my sister and the letting agent
2.she went to live at her boyfriends,the thought of living just anywhere would of been tough on her kids,she has two one was out that night.
I have drafted a lba what do you think of it! thanks

LETTER BEFORE ACTION

Refxxxxxxxxxxxxxxx
Dear xxxxxx
As you are most probably aware, I have requested that you return my deposit of £750.00 plus rent £370.00 for twenty days the house was uninhabitable, due to the fire damage, total requested £1,120.00.We would like to remind you that tenants have rights, not only obligations. You, as a landlord have obligations, besides your rights. This is also in relation to deposits. Deposit must not be regarded by landlords as an extra rent only to be returned reluctantly or used to actually improve the condition of the property.

Good practice requires that landlords keep deposits in a separate client account, providing clients with written statements detailing exactly what the deposit covers and when the money will be returned. Could you please provide me with evidence that you have adhered to these standards? You cannot withhold the deposit for the general “wear and tear”. Landlords must redecorate the property from their own expenses and tenants are only held liable for damages, which create additional costs to the landlord. Due to fire damage to the property this is no longer an issue as the landlord should be able to claim from there buildings insurance. Deposits are not there to provide redecoration fund.

The landlord must remember, as it is the tenant’s money, he has to account for it properly. It is a very common misconception, that the deposit belongs to the landlord- it is not so and withholding of it without proper validation is illegal. I will be in a position to demonstrate that it was unreasonable for you to keep my deposit, should you be unable to produce requested evidence and should matters proceed to court action.

I would like to inform you that I expect your reply to arrive no later then within a fortnight of the postmark. If no reply is received, the county court action will be instigated. The court can order you to pay the deposit and rent back and the proceedings are very straightforward. You may also be ordered to pay my court costs. I sincerely advise you to comply with my request. The courts are very sympathetic to tenants whose landlords do not follow good practice guidelines and do not fulfil statutory requirements regarding issues of deposits.
I look forward to hearing from you within 14 days.

Yours faithfully,

[m.bentley]

hi all and hi nightmare4banks just like to let you no how we got on with this case. It eventually went to court on the second attempt, and the judge found in our favour but for £100. So we got all the back rent,bond court costs and interest awarded. It eventually all came down to one piece of vital evidence the inventory sheet. One more win for the little people. So thankyou all who contributed any advice and a big thanks to Nightmare4banks.

[demon_x_slash]

Glad to hear your situation was sorted somewhat; thanks for updating. If you found N4B's info helpful, why not tip their scales?