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Thank you for your time last week, it was greatly appreciated.
However, my flat mate brought to my attention yesterday another letter from Wragge & co regarding the court case on Friday 7th August 2009.
I gave XXXXXX a call and she quite abruptly told me that the court case is still going ahead on the 7th August.
It was mine and my flat mate's understanding that it was all sorted. Can you shed any light on the matter?
Thank you in advance for your time and co-operation,
With Regards,
XXXXXX
-------------------------------------------------------- LL to Them
Subject: Re:
Date: Wed, 29 Jul 2009
XXXXXX
Please be assured all is ok. I have come to an agreement with my mortgage provider Birmingham Midshires to pay an agreed amount every month - all the hearing is about is to cement this by way of a legal charge and possibly a suspended order which means that I will need to maintain payments, which obviously I will.
I would assure you that I am a responsible landlord owning 30 properties, and although like most , have been affected by the downturn am still holding my own.
Regards
xxxxxxxxx
------------------------------------------------------------------------------- Them to LL
Sent: Sunday, August 02, 2009
Subject: RE:
xxxxxxxxxxxxxxxxx
Thank you for being reassuring in your last email. XXXX and I still feel a little uncertain in the current situation we're in. We have spoken to citizens advice and they have advised us to delay the rent payment until; after the court date confirms what you have agreed with your mortage provider and to request asap our deposit protection scheme details in writing due to not receiving them in writing in March within the 14 day time bracket.
Thank you for your continued time and co-operation
s xxxxxxxx
I note your email - however without your rent I cannot make my mortgage payments and if this is the case Birmingham Midshire will take repossesion action without doubt.
The reason the mortgage arrears amounted was that I was without a tenant for 3 months late last year. Since that date I have been with tenants have have kept up to date with mortgage payments but there are arrears still.
I would urge you to pay - you are liable to pay rent under your tenancy agreement !
The hearing on Friday is to ensure that they seek a deffered order for repossession that they could action should I not keep up with my payments - so you see how important it is - if you do not pay then they could repossess within a month.
regards
xxxxxxxxxxxx
------------------------------------------------
Them to LL
Sent: Wednesday, August 12, 2009
Subject: RE:
XXXXXXXX
Hope all is well.
I have sent the £XXX rent for this month.
Just a quick email to confirm that you got the letter of termination of our contract?
Due to recent events, both my flat mate and I have decided that renting is too uncertain and un-necessary stress.
We understand and respect that in regards to the one months notice requirements, our termination date falls short of the one month agreed in the contract by a couple of days. We understand if you wish to prolong the leaving date by a week or two but in regards to time of year we have recently been led to believe (by several letting agents) that this is the busiest time for landlords to obtain tenants.
Subject: Re:
Date: Thu, 13 Aug 2009 11:48:24 +0100
xxxxxxxx
I received your letter yesterday 12th August, although I note your letter is dated 5th
Obviously I am dissapointed you are terminating, what I would ask is that the months notice ends 12th September as I have already lost a week in remarketing.
However as you have been good tenants I am happy to allow you to stay if you want from month to month until you decide to vacate with 1 months notice in writing which I would accept by telephone on the day you write the letter.
Have a think and let me know - obviously if you decide to do this, this email would suffice in varying the terms of the tenancy you signed.
Thanks for your confirmation -I have instucted XXXX letting agents to relet.
I would be most grateful if you could keep Birmingham Midshires draconian proceedings(now settled) confidential and not inform XXX lettings as I have 5 other apartments in the building which they deal with and I do not want this small set back with XXXXX only to affect my relationship with them.
I was asked by XXX Lettings if we could move out by the 10th September instead of the 12th as he has found new tennants that want to move in on this date and said they wouldn't be able to move in otherwise.
I have agreed to this and said that I would get in touch with you to let you know and to sort out getting my deposit back.
I thought I had to get the deposit back through XXXX Lettings but he informed me that I have to get it from you. He did say that you can contact him to reassure you that we have left the apartment in as good as if not better condition than when we moved in.
Once all your belongings are moved out and the place cleaned, XXX lettings will inspect and report back that I can return your deposit which I shall then request from the deposit scheme.
The deposit reimbersment is now in excess of 8 weeks. I have spoken to other people that have rented previously and each one of them has said that this is more than double the waiting time.
My flat mate XXXXXXXXX whom was the other tennant on our contract will be conversing with her legal advisor tomorrow about this matter, as ideally we would now like this cleared up within the next 1-2 weeks.
We can't understand why the hold up with our payment from XXXX XXXX inc XXXXX & XXXXX deposit scheme is such a lengthy one.
I have chased again and am promised this will be credited back within the next 10 days
Thanks for your patience
Regards
xxxxxxxx
Them to Him
Subject: RE: LEGAL ACTION
Date: Tue, 15 Dec 2009
xxxxxxx
After numerous emails sent now regarding our deposit; which should have by law been settled within ten days of leaving the property, it is our regret that both xxxxxxxx and I will be seeking legal action unless our deposit is paid by Friday 18th December 2009.
Regards
xxxxxxxxx
They never had any confirmation that the deposit was held with the protection scheme.
He clearly said in emails it was with them.
Is this just a case now of a letter before action addressed to the Land Lord, and not the letting agents.
If so do we have a template anywhere, I shall go searching now.
Btw, they have proof of deposit been paid, bank transfer and receipt, also all rent payments were on time
Sorry for all the posts but it would only allow me to copy an paste it so many at the time, but at least you get the full picture
How do I get back Deposit. Help needed
provider Birmingham Midshires to pay an agreed amount every month - all the hearing is about is to cement this by way of a legal charge and possibly a suspended order which means that I will need to maintain payments, which obviously I will.
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