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Everything posted by Coastfodder

  1. She settled out of court for breach of contract(for not doing repairs no gas-elec safety certificates etc and also not putting the deposit into the scheme..) The agreement we made with her was we would leave and not take her to court for that matter as long as we had x amount including the deposit..now in my mind she has breached that because she is now not releasing the deposit to us.. I have called the DPS today and have asked whether I could sell the debt onto a company I know so that It will be LL against Debt collector.The DPS said that was fine..This really surprised me.. Ive still got to wait for the paperwork which states her case for not releasing the full amount.. Many Thanks CF
  2. Hi everyone.. I have posted on here before but i cantfind my post..our last property was in disrepair..landlady didnt fix..EH didnt have finds to do it..we kept asking LL to do repairs..she evicted us instead..Eviction notice wasnt valid..We got solicitor on the case..Depsoit was not in scheme.. LL setlled out of court but put deposit in scheme a week or so before we moved.. Final inventory was good..main fault was her lack of repair..report shows this...I applied for deposit back and did a stat claim cus she didnt answer request in writing..I had also requested access to put the minor points right..she didnt respond... anyway I heard from DPS today that LL is only alllowing us approx a third of our deposit back!!!!!!..Even the DPS have said she is obviously playing games as she left it untill she just had hours to spare before resonding to them.. I have had enough..This woman has been at fault all along..she would not face us..she gets other people to answer her phone...she only answers officail persons by email and never by post...she put my childrens life in Danger..can I go to the papers..watchdog...anyone??? We have let Properties for 15 years..we have fantastic record and ALL of our previous LL would happily give us a referance.. Im so angry..I have seen her out and about alot..But My husband has told me I am not to talk or acknowlege her.But I feel Im just sitting back and being a victim!!! Thankyou for any help you may give..
  3. Just a quick update.. They sent an email today to say that once they have the forms for me to do a single claim declaration then they will pass it onto the ADR people. I have told them that i haven't even received the form!!!!!
  4. Hi everyone. Our Deposit is with the DPS people.I called them on the 24th April and requested forms from them.I was told that we would receive these the next day.We didn't receive them I have noticed on a letter our LL sent our Solicitor that she is also waiting on forms that haven't arrived.I have called them again and found them very unhelpful.I have so far sent 3 Emails now and have had no response from the DPS. Does anyone know who regulates them and who we would contact to complain about their service becuase this is making an already difficult situation much worse. Many Thanks CF
  5. Hi There. Our Deposit is also with the DPS and like you,we are finding that they are not at all helpful. Have you managed to get your deposit back?? CF
  6. Hi.. Im afraid I don't have an answer but I will be keeping an eye on this post. We lived in a 4 bed property with faulty heating and we paid.£110.00 pcm in electrics and £118.00 PCM in gas.Our rent was £900 pcm.. I hope somebody can help you
  7. Hi, Yes,we were aware of that,but the agreement was settled out of court in the end.Also on the 11th Hour our LL put the deposit into the DPS scheme knowing full well that we were leavingin a matter of days. She was supposed to repay it to us as part of the agreement.We have brought this up with the 2 sets of solicitors that dealt with the case and they have now said its up to us to sort it out as its not worth them fighting it for us when the DPS have their own adjudicators. CF
  8. Hi everyone, well my update is that i have heard absolutely nothing from the DPS..I have called them(they said they will send a form and haven't).I have sent them 2 e-mails!! In the meantime I sent my Ex Landlady a E-mail and requested she made contact so we could sort out the deposit.She did not respond to me but she forwarded the Email onto our old solicitors.5days later we recieved a letter from our old solicitor with a response from LL.Basically she is saying that she wants the ADR to deal with the despute.She has stated that if we want to speak toher then she wants correspondence address.The DPS rules suggest that a E-mail address is acceptable for this.. http://www.depositprotection.com/WebContent.axd?docid=d69a5f8e-fee8-4166-a539-72a788fdee8d I sent another email to her yesterday..This is what I wrote.. Dear XXXXXX I am writing to confirm receipt of your letter to XXXXXXXXXX, to which you confirm that you have my first Email dated 23/04/08 Some of the points you have raised in that letter are not correct.It is unfortunate that you declined the invitation for yourself or your Representative to be present at the Inventory Check-out, as I'm sure this would have saved time now with the minor details of this case. The points are as follows : 90-The Carpet was new.Unfortunately our Daughter stood in an open pot of paint then proceeded to walk through the house.We were not able to remove the paint so we replaced the entire Beige Carpet.XXXXXXX were shown dated receipts to this fact. 118- we can confirm that LL did replace the light after the leak caused the electrics to short circuit 135-LL replaced this within a week 216-.We did install the laminate flooring and was informed by LL we were NOT to remove this at the end of the Tenancy. 511-We can confirm we did inform LL that a scorch mark was visible in the Carpet.A further scorch mark had accured and we replaced the Carpet again.A second set of receipts was shown to XXXXXXX. You have also failed to respond over the points raised in my previous E-mail.Are we to conclude that your silence means you accept these points as correct? As the damage to the Dinning room door was caused by the cleaning company, I felt it would be in both our interest to join forces to seek the cost of the repair from XXXXXXXXX . As requested by the DPS I did make contact with you XXXXXXXX and as our experience of you has shown over the past 3 years,you do not respond.We whole heartily agree that we DO want this behind us which is why I contacted you directly and copied the other relevant parties into the E-mails.For some reason you chose to not respond .Instead you forwarded the E-mail on to our Previous Solicitor who was actually copied into the original E-mail.I am unsure what you felt this would achieve.Instead it has caused a further delay! We are willing to let the ADR deal with the dispute and have every intentesion of commplying with their ruling.We feel this would be best all round but we also note on section 17 of the DPS rules that a Valid E-mail address is acceptable for correspondence and you have had this since March 2008.I'm sure you will agree that using our Email addresses allows us to include all relevant parties instantly and could potentially save weeks of wasted time in waiting for the Royal Mail. I have been trying to communicate with you,but it takes two XXXXXXXX.We all have to move forward.To do this we need to communicate like adults.I request that you no longer contact XXXXXX at XXXXXXX Solicitors but communicate directly with me from now on. As stated in my last Email we are aware that you have re-let XXXXXXX Close. XXXXXXX, I appeal to you to please fit rods between the stairs.You and I both know that they break the 100mm sphere rule and have been classed a category 2 hazard by the Environmental Health Department.I would hate for a fatality to be caused by this not being done. Can we request that if a repeat inventory is required this is completed before your next Tenants take up residence. Once again I have included all relevent parties for their information only. I await your response. With Regards XXXXXX What do I do now.Like the letter says.She just does not respond.Do I wait for a response(for how long) The DPS are copied into the emails that I have sent.This woman has nearly £1300 of our money and we need it back..As I have also said the property has already been re-let. Can anyone offer any advice..The DPS rules are confusing me.Have I read it write when it says if she does not resond we will be entitled to all the Deposit back.. Many Thanks CF
  9. Hi Everyone, I thought I would update..Our Landlady did not do the work in the end..The enviromental Health said they did not have the funds to take her to court. We got a Solicitor involved who wrote to her stating that she was in breach of Contract....She did not put the Depsoit in one of the schemes... and as a result we were intitled to 3 times that amount (3x 1300)Her section 21 notice was invalid We said that we would vacate the property earlier but would be taking her to court unless she was willing to make us an offer. Evevntually(after lots of hassle from her) this happened and we moved into a new rental property.Just before we moved here our Ex landlady put our Deposit in a DPS scheme (where it is now) We had the inventory done..There are a few little things that are wrong.(minor things ie..the cleaning compnay missed a window,) Also there is an error on the form which I have informed the Inventory company of. As a result of this our landlady is disputing our claim for having the deposit back!! The property has already been relet..It has been advertised by a freind of hers.The photos used are false and are not of the property.The description is false..As far as we are aware it is still empty.. I have asked the DPS for a single claim form to start the process of getting our deposit back.. But what happens now.If somebody moves into the property now then surely the repeat inventory we have been offered will not be accurate because any damage could be caused by the new tenants I hope this post makes sense..Im having to rush as I have 2 young child being rather noisy.. Many Thanks CF
  10. Thankyou all for your replies. Im still a little concerned about the wording of my original post..The Part that I have copied and pasted from a Solicitors website.. also we are having probelms trying to work out how much rent we would have to pay if we leave here on the 16th April. We pay £900 pcm.we pay it on the 28th of each month.So how much do we have to pay and how do we work it out? I would appreciate any help
  11. yes,when I re read it I agree it was confusing.. Well the Solicitors accept it as a binding Tenancy. In their view it is just the same as if we had signed an agreement each and then swopped.. CF
  12. Thankyou very much for your reply. We HAVE got a copyof the Contract as I explained in post 5 of the keeping to the contract thread.It is initialled by us and is signed and dated by our Landlady.She finally gave us it in OCT 07 We know she definately did get a copy of the letter from our Solicitor because within the Hour of it being DX to her Solicitors she had dissapeared.I really don't know what she is playing at. And She still has not done the repairs.. I regulary take Videos of the Problems and the EH have been again and said they will now tell her she has to get it done.BUT they have also said they are lacking in funds so do not have the money to take her to court if she does not reply..GRRRRR
  13. Hello again, Our Solicitor has contacted our landlord and pointedout her non compliance with the schemes and how we will be taking it further.They have also pointed out that the section21 notice given to us invalid because of her non compliance. They have stated to her we will NOT be leaving on Thursday(27th March) but will be remaining untill the end of the tenancy(27th June 08).Her Solicitor received this via DX on 20th March. Last night we had a letter through the Door from our Landlady stating that she has arranged for a independant inventary company to come here on Thursday at 3pm We are also to hand the keys over .She says if we do not let her know (via an email address)that this is ok we will be liable for cost.!!! I sent her an Email(copying in all solicitors involved) saying we will not be leaving as perour Solicitors Letter.I told her to Contact her Solicitor and gave her all her Solicotrs details again. I went onto her Solicitors website and found this about the Tenancy deposit Scheme "There are two types of TDS and the Landlord must comply with one or the other, and notify the tenant with details of how the deposit is protected within 14 days of receiving the deposit. If the tenant does not receive notice within this timescale, an application can be made to Court to repay the deposit or pay it into a TDS. If this has not been done by the date of the Court hearing, the Landlord will be ordered to do so and will also be liable to pay to the tenant an amount equal to 3 times the amount of the initial deposit." I thought and also i am sure my Solicitor has said ,that non compliance=3x the amount.But the wording says if it isn't sorted out by the Court date the she could be ordered to pay 3x the amount.She has not put it in a scheme and we already have letters from all 3 companies stating this. So what do you think? Many Thanks CF
  14. Thankyou very much for your reply.. I was told( i know nothing about mortgages) that if you buy a place to let then you have to have a different mortgage than you would if you were buying the property to live there yourself. Like I said I really don't know if this is the case or not. CF
  15. Hi All. I have been going through my contract and have found a clause and wondered whether I am reading it right..it says.."The Landlord confirms that he/she is the sole or joint owner of the leasehold or the freehold interest in the premises and that all appropriate consents necessary for him to sign this agreement have been obtained" Now we have been here for 3 years.WE kept getting an awful lot of mail for our LL.About 3 months ago I opened a letter thinking it was mine..It was in fact addressed to the LL.It was from the Mortgage company. I called them and told them that she did not live here and hadn't done for 3 years.I gave them her address that we had(even though she is actually living at another address). Should she have been letting the premises.?From what I could gather, if she didn't have the rights to let the property then surely the Tenancy isn't worth the paper it was written on? Am I right?? Thankyou for reading CF
  16. Thank you so much for your time.. We had wriiten confirmation today from the 3 TDS companies and our deposit isn't being held with any of them.. I am going to be writting more letters but Im also wondering whther to make her an offer..Im wondering whether to say we intend taking lgal action about the depsoit and the disrepair of the property and offer her a chance to settle out of court.. We now have a copy of the builders quote for the work needed and the cheapest is £1200.The EH have hazard rated the property.She has breached the contract in a No of areas. What we thought was to say to her let us have our deposit back and a months rent and we will leave..That way we would be able to rent another property..because as it stands we are broke and the only thing available to us seems to be a B and B 20 miles away from our Children's schools Thankyou again for your time CF
  17. We have recieved a letter frm our landladys solicitor wanting comformation that we will leave at the end of the Month..Our solicitor says we must stay untill our term is up becuase Landlady is in breach of contract..This post explains the whole story http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/132368-keeping-contract.html This is the break clause her solicitor is highlighting "Either party may terminate this agreement by serving not less than TWO calender months written notice, such notice may be served at any time but will not expire before the minimum term of SIX months has been completed from the date of commencement of the term hereof.On the expiry of such notice this agreement shall determine thereon but without any prejudice to any antecedent breach of the terms of either party." Our Landlady is counter suing us..and Claiming we have cause the damage in the property..Luckily we have letters,photos,statement from Health Visitor to prove we have not caused the problem.. We have contacted all 3 TDS and our deposit isnt with any of these..When do we inform her that we intend to take her to court..or should we just stand our ground and wait for her to take us to court?? I hope this post makes sense..For what its worth..its been 4+ months since the Enviromental health depratment visited..The repiares haven't been done and we still have plaster etc falling from the ceiling:( Many Thanks CF
  18. Quick update. The EH have now said they are going to visit again with a contractor to assess the damage and then give our Landlady 21 days to repair it or they will do it.. As for when we leave..We are still unsure
  19. Hi, The original Tenancy was from 24th June 2005 to 23rd June 2006 Yes this was the only one we had signed.. The ones drawn up by the landlady seemed to have a page missing that should have had space for our signatures but all pages are in numerical order..I hope this makes sense. We initialled all the pages and the Lanlady and her witness signed but there were no sections for us to sign Its states on the Contract that the Landlord holds the deposit. The most recent tenancy runs from 28th June 2007 to 27th June 2008 and again it says in this one that the Landlord holds the deposit. She would not be able to forge it.The Tenacy is 18 pages long and the signature part is on page 17. Im assuming the witness is a relative as the address given is Landlords parents address. The EH said it is a catorgory 2 hazard.They were going to issue and enforcement notice but on the last day of the time limit the Landlady contacted them and said she will get the work done.We then spent a further 12 months having tradesman visit to do quotes for her. We told EH we had waited a month and still no repairs and was told the ladnlady couldn't do it because we were refusing access to the property.We have been able to prove this is not the case....its just been more lies sinse.. We have had 2 quotes done ourselves and are waiting for them to arrive thro the post.. Thankyou very much for your reply CF
  20. Since I posted this we have had another spate of water coming through the ceiling even though the plumber was only here a couple of days ago.. I left Landlady a Message but she doesn't reply.We are contacting the EH again in the morning.
  21. Thankyou for your reply.. Im sure she thinks that we will be leaving 27th March..As soon as she gave us the notice she sent our nextdoor enighbour round to discuss reletting the property(he is a letting agent) Our solicitor and the Council have both written to her to state they have advised us not to leave untill the end of the tenancy. So far she hasn't respnded to either.. I don't understand how she can get us out of the property when all that we have done is to stick to the agreement..Thankyou x
  22. We do have a copy of the Tenancy signed by her but she does not have one signed by us.. This is what it says on the Tenancy "Either party may terminate this agreement by serving not less than TWO calender months written notice, such notice may be served at any time but will not expire before the minimum term of SIX months has been completed from the date of commencement of the term hereof.On the expiry of such notice this agreement shall determine thereon but without any prejudice to any antecedent breach of the terms of either party." She has served us notice on section 21(1) (b)which says the expiry date is AFTER 27 march 2008.But her covering letter says ON the 27th March I don't know if it is any help but she downloaded the notice herself from a website RIKY - Home - , landlord information | property investment | Housing Act | Section 8 Housing Act | Section 21 Notice to quit | landlords help | letting and renting | rent arrears | eviction | possession | hmo | tenancy deposit scheme | assured shorth many Thanks CF
  23. Well this is a bit of an awkward one..Our Landlady dropped the new contract round June 07 and asked us to initial the pages..we did this and gave it to her back. About the same time our son was admittied to hospital for a serious operation so we forgot about the tenancy. In Oct we asked for a copy as we hadn't been given one.Our Landlady said we should have taken a copy ourselves and she was very busy so would come by when she could.This took 2 weeks.When we looked at the contract we saw that it said not legally binding unless signed by both parties..There wasn't anywhere whatsoever for us to sign.Our landlady had signed and so had her witness but nowhere for us to sign. I called her to tell her this but she didn't take our calls..The legal advice seems to be to treat it as a normal tenancy but landlady said its rolling tenancy.. Anyway..when she was here in Dec I did ask if it was in a TDS and she said she would look into it..so Im sure it isn't. The tenancy expires June 08.she served us notice in Jan and said that she is using the break clause in our contract..but again the legal advice is because she is already in breach of contract then she can't use the break clause.. As you can see it is all very complicated again Many thanks x
  24. Thankyou so much for your reply..The first inspection was done by EH on 20th Nov..The landlady just uses delay tactics all the time..She asked EH officer to call us on her behalf to arrange for the plumber to come.. This is why we are getting the building reports done so that we can give the EH a copy and see if that will spur them on into action Thankyou again for your response xx
  25. Hello, Everyone..I have spent a week or so looking thro the site and have managed to find my own answers to a lot of the problems but I will tell you the whole story.. We started a Tenancy on a 4 bed property in June 2005..It was origanlly thro an agent but as soon as we moved in the Landlord got rid of the agent. We have always Looked after the property.The heating failed on the first winter.The plumber informed us that the whole sysytum needed replacing.Our Landlady accused us of lying..The heating failed again and this time the plumber stated that he had informed the Landlady of the problem but she didn't want it to be replaced. When the Tenancy was due for renewal we informed her again about the heating and also a patch of ceiling that was starting to crumble.She came to the property and took some pics and dissapeared without any input over what she intended to do.. Our health Visitor had been keeping an eye on the ceilings(Now bathroom ceiling is falling down thro water leakage and ceiling outside was crumbling) She informed us that the children were now at risk of harm and we should get intouch with our Landlady.We told her that she had dissapeared.HV told us to call in Enviromental health,which we did. They contacted our Landlady and she visited the property.I explained about the HV visitor saying the children were at risk..as I had lost one child I was fearful of something happening to the living children..Landlady laughed at me!!!!.I asked her to leave..I said her Husband could stay and do the repairs but she should leave..The police were called and said she was guilty of goading me. The repairs were not done and on the 24 Jan we recieved a section 21 notice stating she wanted us to leave bu 27th march. Our Tenancy doesn't end till 27th june so we are not leaving.A plumber sealed the upstairs bath and it fixed the leak for a week or 2 but the ceilings were still crumbling..Last weekend we had water coming thro the walls again and I wrote to the landlady copingy the EH officer in.The plumber came out again and told us that he will be back.He said that the bath needs removing and a lot of work done to make it watertight but Landlady does not want him to do that. Now it has been 4 months since EH came and we are no further on except we are being evicted. I have let Propertys for 15 years..I have very very good references from our previous Landlords. She is a first time Landlady and TBH we are to blame as well because we made allowances for the fact she had never done this before. We are getting quotes for the work from the builders she sent into the property.We are thinking of getting the work done and charging her as our childen are at risk..But how would we get our money back from her.. Many thanks CF
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