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AngelofSol

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About AngelofSol

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  1. Sorry rafolio... you're right, and no the DPS does not tend to send things via registered mail or back it up with an email if they have your address. Didn't mean to get your mailing situation mixed up with a few others... Jansus has given good advice. If the DPS will do nothing for you in this regard lodge a formal complaint with them as well before you truck off to court. The only way the DPS and the other government schemes will change their procedure is if there are enough complaints against it. Sorry again.
  2. I'm guessing you either did not a) send it with return receipt/registered or b) get a certificate of posting with it? If you have either of these I'd fax/ scan and email a copy to the DPS if it's not too late to stop the payment. Otherwise your only option will be court.
  3. Do they have seperate tenancy agreements or are they all listed together on one agreement? If they have seperate agreements even though they may be jointly and severally liable I believe that each T's deposit would have to be protected individually (I doubt that each T is indiviudally paying more the 25K annually). Now if they're all in it together with one tenancy agreement I have no clue. Hopefully someone else on here does!
  4. Write them a letter explaining the situation and that you have written them many times about getting this money refunded to you. Tell them you feel you have been patient and reasonable enough and that they now have 14 days to send you a cheque with the monies you feel are due to you (give them the amount and what it's for again) or you will take legal action. If they don't respond in 14 days file using moneyclaim online and sue them!
  5. Works on our behalf can be different than someone who works for the letting/estate agency. You're paying for it I would think you have the right to know who it is so you might check the company/individual out. You could press the issue but it may result in tension with the LA regarding this tenancy from the get go. Use your judgement.
  6. RMW - It's fine... I'm no expert myself. I've just learned a lot from floating around these forums. We all just try to impart the best advice we know. And don't worry, your sort of advice is much needed here. Glad I've gotten good advise from around here but probably could have used your special know how myself! But thus far I'm managing just fine and by now it's a little too late to ammend my evidence. Anyway... again, I'm no expert in this, so feel free to check back and add your advise and to pence worth to bartonski once we know what s/he finds out regarding the deposit and their other woes. You might remember something I forget!
  7. I am not entirely sure on your last question. I am inclined to believe that based on what others have said regarding their inventories that the fact that the place was professionally cleaned or that the carpet was professionally cleaned can and is at times placed on the check in report/inventory. Now, how this is determined I have no clue of. Again, if they wish to put it down in such a way I would ask to see proof (ie. receipts/invoices). You can let the clerk put it down that way but I wouldn't sign it. Instead in the section they have for listing discrepancies, things not noticed by the inventory clerk I would state that you have not seen receipts/invoices to prove that the property or the carpet was professionally cleaned and therefore do not agree to the statement of condition being put down as such. Of course, before you write that in and sign off on it I would try to get with the LL/LA and give them a chance to show you the receipt/invoice.
  8. As reallymadwoman suggested in the last line of her post don't call the agents. Call around to the three schemes and find out yourself. It may behoove you to ask if you can let them know that you've moved out of said property and no tenancy at that address and in your name (and the name of your partner/roomate if applicable) exists anymore. The reason I advise this is if your LL/LA tries to protect the deposit after the fact it will make it more difficult for them to do so. There have been reports of instances where if these companies know that there is no longer an actual tenancy that they will not protect the deposit after the fact. Unfortunately for many people like yourself out there these companies don't ask if the deposit they are taking is for a current tenancy, but again, if they know there isn't one they sometimes will not take and accept said deposit. This is potentially important for later regarding what you might be able to do if the deposit isn't protected. We wouldn't want you to go down this route only to have the LL/LA protect the deposit at the last possible moment. And besides, I feel that protecting the deposit after a tenancy has ended completely circumvents the intent of the law and lets bad LL/LA's get away with breaking the law thereby robbing T's of potential victories. But do this. Call each scheme up, ask if your deposit is protected with them. If it isn't tell them that you have already moved out of the property and that if any deposit attempts to be registered with them after the fact it will be a deposit registered at a time when no tenancy exists. See what they say and will do about that. Then get back to all of us here on what you find out and what you have done.
  9. I don't know if an independent check in clerk will have the info you are looking for. I would suggest that you talk to the LL/LA agent beforehand and request to see copies of receipts/invoices regarding the professional cleaning of the property and the carpet. If they can't or won't provide them tell them you will take issue if it says on the inventory that the place was professionally cleaned. I would think it is a reasonable enough request. Make sure you're professional and nice when you talk to them. No sense starting off a tenancy with bad blood if it can be avoided.
  10. It is not legally protected if the deposit is simply held by the agents. It must be in one of the three government approved deposit protection schemes. These schemes are 1) The Deposit Protection Service 2) Tenancy Deposit Service or 3) I can't remember the name of this one at the moment but it was something like My Deposits... perhaps someone on here can fill in this blank for me. Look up the approved schemes. Call around to them and inquire as to if your deposit was protected. If these three don't have it then your deposit wasn't protected properly and there are actions you can take regarding this to make sure your money is protected and that the LL can't just walk away with it.
  11. I think it's a determination made by whomever is the judge... and perhaps how reasonable (and maybe credible) either of the parties involved in this are. There have been many things said on this forum concerning notices. Some say to send two copies of the same letter, one by recorded delivery (which can be refused) and the other by normal mail just with getting a certificate of posting. Others say to send two copies of the same letter getting a certificate of posting only and send each letter from a different post office. No method seems sure fire. A person can go to all sorts of lengths to show that a letter was mailed or recieved, etc. I think, and would hope that most judges look for honest and reasonable effort and common sense.
  12. Is there someone else higher up at EHA that you can talk to? I may be completely mistaken here and if I am would someone please feel free to correct me - But I didn't think EH could simply shoot off a letter without seeing the state of the property. Afterall, what's to keep a T (not you binkhus) from lying and getting an LL forced to do unecessary or frivolous work? If EH isn't getting off their rear ends to do something about this try calling Shelter or your Council Housing Authority... I've heard that sometimes they can advise people or get the ball rolling. Right now, if I were you I'd look at doing a couple things. 1) Write your LL a letter, send one to the LA also to the effect of you have had problems with disrepair and now they have gotten out of hand and the LL/LA hasn't done anything to rectify the problem, therefore you are formally giving them 10 days to sort the matters out and get hot water back on and the heating up. Inform them that if they don't then you will have to take steps to see to the repairs yourself and that once that is done you will send them the bill. If they don't then pay the bill then you will deduct the amount from your next payment of rent. In the meantime get in three separate repair men/contractors and get three independent quotes for the necessary repairs. If the LL/LA haven't moved their butts right them a letter saying that you gave them time to rectify the situation but they have been negligent in seeing to their responsibilities. Send them copies of the three quotes. Give them another 10 days to sort out the problem. Explain to them that if they don't you will proceed to have work carried out and that you will then send them the bill. If they don't respond in 10 days get the least expensive of the three quotes in to do the work. This will cost you. Hopefully you can get the cash together to do it. When the work has been done and you have the invoice in hand write another letter to the LL/LA with a copy of the invoice requesting that they reimburse you the cost of the repairs as listed on the invoice. Let them know they have something like 10-14 days for you to receive payment from them. Let them also know that if you do not receive payment from them then you will deduct the cost of the repairs from subsequent rent payments until you have been fully reimbursed through that means. If you don't get payment in the allotted time then deduct that amount from your next month's rent. If that month's rent doesn't cover the full amount don't pay any of it. Again, deduct the remaining amount required to cover your expenses for the repair from the second month's rent and so on and so forth until you have be reimbursed. The LL/LA may still try to evict you or take you to court for non payment of rent, but if you follow these steps and clearly document (get certificate of posting on every letter you send out as well) with letters and copies the dates you did this and what has happened you should be more than able to show a judge why you have not paid rent and be completely justified in doing so. I would also, if with this cold weather, keep any reciepts, etc from any costs you incur if you have need of going to a hotel or a B&B because of the situation with the hot water and heating. They have had ample time to sort this and have been nothing but negligent. These costs you would likely have to reclaim in court... and it will, in the meantime cost you more money so if you can hack it or stay with a friend otherwise that might be best. Log how many days you had to stay with friends. Later you might be able to claim at the daily cost of your rent per annum for the time you could not live there. Again it's likely to be something you would have to take up in court. Get yourself some electric heaters if you don't already have some. Cold like this can be dangerous.
  13. Good luck to you. I hope you can get this sorted and secure some sort of monetary compensation for this. A lawyer is sometimes good in getting a fire lit under people to get them moving. Let us know how this ends... or even how it's going along the way! I'll be waiting to hear from you and I'm sure other will as well.
  14. If that water isn't back on today I would call the EH first thing tomorrow and tell them your situation. This is entirely unacceptable and you have been patient enough. Matters like this should be taken care of by the LL or the LA quickly. The excuses and the "waiting" is ludicrous. There is also another option which will allow you to do repairs yourself and then deduct the cost from the rent, but this is going to take letter writing, some work, and more importantly time. And you've already spent enough time waiting on this so go to your EH!
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