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Everything posted by gerasmus

  1. raydetinu, I certianly have been checking LLZ as well ! Do I have a case to sue this LL's ass ?? The landlord is making all sorts of rubbish claims. Here is quoted email from the LL, and my reply. The LL wrote me the following : "You are more than welcome to take legal action as I have also looked into how I can reclaim the costs that are going to be forced onto me. As you were the last tenant it should have been in your interest to get me to carry out all work necessary. Just because the estate agent said it was ok that holds no weight. When I went over to the flat last week it was evident that there was much more damage caused by the water leak then you stated. Also due to the fact you ****ed off the people in the flat below from day one, the owner there has no sympathy over how much it will cost to get the place sorted out. " My letter to LL: You have been informed of the faults, that we where aware of, way before we vacated the flat. You where informed about water dripping from shower, the water on the floor/toilet. After we moved in the neighbors from no 8 informed us about water problem. Our relation with no 8 neighbors has nothing to do with your claims to damage. Shortly after our occupation started, we got the building management (Nightinggale House) to send a repairman to fix the leak(s).The repairman confirmed to us that leaks where fixed. I have zero plumbing handyman skills, and I trusted the judgement of the expert. On several occasions I asked the people from no 8 if they still had any water dripping. They confirmed that the issue was solved and neither did they complain about leaks again. We assumed the issue fixed. - Why did you fail to respond to visit/inspect the flat until presumably your first visit 10/10/2009 ? - Why did you fail to return the deposit within the allotted 14 days by the deposit scheme, and why did it take you more than two weeks to respond to my requests to return the deposit ? - Did you sign the inventory prior to our occupation ? - Did you sign and inspect the property inventory after we vacated the property ? - Was there anybody present when we vacated the flat for a handover ? - Did you confirm/confer/ask/consult with the your agent(s), at PeddeWaits, prior to our vacating the flat, the condition of property for the purpose of marketing the flat to potential tenants ? - Did you trust the agent to confirm the condition of the flat ? - From whom did we receive the keys/handover for the flat ? - Did we inform you of the water in the bathroom and the shower before we vacated the flat ? - Did we inform you of the shower dripping before we vacated ? - Did we order a repairman to fix the bathroom/shower after our initial occupation ? Did we arrange this with the building management ? - If you are part of an deposit insurance scheme, are you not obliged to return the deposit within two weeks ? - If you are part of an deposit scheme, are you not obliged, by law, Housing Act of 2004, Article 213, part (3) and 6(b) to provide details of the deposit scheme within 14 days of occupation by the tenant ? - If you where withholding the deposit for more than two weeks, claiming for repairs, shouldn’t you be submitting quotations for the repairs ? - If part of an Deposit Insurance Scheme, please supply me with the reference numbers and contact details of the Deposit Scheme which you have insured the deposit with ? This is as per Housing Act of 2004, article 213. I would like to have the issue under arbitration. Have a read through the Housing Act of 2004, section 213-215 please. Housing Act 2004 (c. 34)
  2. The LL is claiming all sorts of bobus damages. A few days ago I called the landlord and recorded the call (using the free PrettyMay recorder for Skype) without his knowledge. In the call the LL admitted that he was aware of the prior faults, and he admitted that we did make him aware of the faults we know of. He also admitted to having repaired what he now claims to be faulty. With regards to the interpretation of the Housing Act 2004, my understanding is: - Money should've been put in a desposit scheme. - Deposit scheme should return deposit withing 14 days, or part of it bearing in mind damages. - Non compliance can lead to a fine equal to 3x the deposit. The law does not seem to cover the nitty gritty. The 3 points above, are those the highlights ?
  3. I have writtent a letter to my ex LL to return the deposit by a set date. In case he complies, which I doubt, would I still be able to sue (as a fine) for not complying with a deposit scheme + charge interest ? I've read the Housing Act 2004 sections 213, 214 and 215 and my ex LL hasn't done any of what the law requires.
  4. One more thing... The landlord never signed the inventory. To my knowledge, LL was never present (before or after the tenancy) to inspect. As mentioned before, the flat was handed over from the previous tenants who signed the inventory over to us. We never saw the landloord and there was no estate agent involved during our tenancy. The landlord is now claiming to withhold the deposit on the grounds of supposed damaged property claimed by his new tenant, which LL is trying to blame us for. LL just sent me a letter from his new tenant (rented through an estate agency) with the new tenants claimed faults. In the letter the new tenant also claims that the agency promised that flat will be redecorated. All of the claims sent to me more than 5 weeks after we have left ! Now this letter sent to me sounds like nothing to do with me, it's between the LL and his 'new' tenant'. I have kept emails and SMS'es sent by the LL acknowledging repairs as proof . Would I now have strong case to claim ? My deposit amount was £2250. I assume that it would then be £2250 x 4 + 3x deposit, Totalling £15750 for failing to be part of deposit scheme ?
  5. I rented privately, there was no agency involved. How it worked: - Previous tenants agreed with landlord to find, select and sort potential tenants. - Previous tenatnts acted as 'agents' until we moved in. They then disappeared from the picture. - We viewed the flat, made an offer for the flat via the previous tenants. - We submitted all our proof of income, reference letters to the LL via previous tenants. - Deposit (without deposit scheme) and monthky rent was paid into LL's account. - We moved in, went trough inventory with previous tenants, they handed us the keys and they where off. never to be seen/heard again. - Never did we see/speak to the landlord. Approval of our tenancy came through the previous tenants. - The rental contract was strictly between us and the LL. There was no 3rd party involved as far as money goes. Thanks MrShed for your advice. It sounds like sueing for the 3x would be an option. Can this go through small claims court ? I have determined that I may be able to submit a claim. 1. Can I base my claim around the withholding of deposit and non-DTS compliance ? 2. Does the landlord have a maximum time for when he can make claims of 'damage' ? I just would like to know that if I submit a claim: Can I win it + the 'damages' (not complying with DTS) ?
  6. Thanks for the helpfull answers. I did search 'net before I posted. My internet connection is very very slow which makes finding answers cumbersome. I'm far out in a middle of nowhere town in S-Africa where internet is something people heard about ! The landlord just emailed me, confirmed he was not part of Deposit Scheme " as we did not rent through an agency". The landlord seem to want to withhold deposit on grounds that his ancient sofa was 'damaged' (amongst others). Please note that the landlord NEVER inspected the flat or the one and only piece of furniture present. No damage was listed on the (CHEAPEST ever) sofa in inventory and as said, claims more than 5 weeks after we've moved out. We got the keys directly from the previous tenants.
  7. Occupation from 20/08/2008 - 07/09/2009. We paid 1 months rent + depost in advance. We paid rent monthly in advance and was never in arrears. All rents paid in advance. I have my bank statements + and all evidence pointing to full payments. Outstanding amount is £2250. Dunno if the following would make a difference.... We vacated the flat and moved to South Africa semi-permanently, keeping our mobile numbers and bank accounts and we are both British citizens. .
  8. Yes. There was no one present when we vacated. The landlord first visited the flat more than a month after we left and is making first claims more than a month after we left. The landlord did not respond to requests to inspect the property prior to vacating and neither did he respond to emails until a month after we vacated. GBP900 per month. *EDITED ADDRESS*. No. I was not aware of existence of an deposit scheme until after we moved in. The contract stated that rent wil be kept in a non-interest bearing account. Thanks.
  9. My blood is boiling. We vacated a flat in SE23 3AP more than a month ago, despite several requests by the landord (emails, SMS) he has failed to respond and neither has he returned our deposit of GBP2250. Suddenly, more than a month after we vacated he's responded and not returning my money. What is the maximum time a landlord can withhold deposit, and if he withholds for longer, what are my rights ? Can I use the Small Claims online to reclaim my deposit ? - We vacated on 07/09/2009. - The landlord first inspected the property on apparently 10/10/2009. - The landlord failed to hold inspection before or even after we vacated. - Landlord appointed a estate agent who inspected and approved. - We had flat professionally cleaned when vacated. - The landlord is witholding the full deposit. He has not provided with any reason of withholding the deposit, neither has he shown any quotations for repairs. - The check-in list has none of the landlord's claimed faults listed as their was none (to our knowledge) when we moved in. The faults we discovered we informed the landlord and had it duely repaired. - The flat was unfurnished, basically empty inventory. - We have pictures of flat (for personal use) of the flat about a week after we moved in. - When we moved in the landlord was not present himself. The previous tenants handed over to us (keys, inventory, etc). We met and took over from his previous tenants without ever meeting the landlord. We vacated property as we found it. We never met or saw the landlord. The landlord just emailed me a list of 'faults' in the flat and he is withholding the FULL deposit. Long before we left the flat we informed the landlord of the issues. I have a recording by the landlord where he admits to being informed. In my previous tenancy I had a similar experience and only after I went on Small Claims Court Online did the landlord return my money. Do I have a case to get my money back ? https://www.moneyclaim.gov.uk/csmco/index.jsp
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