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About Rella

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  1. Ed999- you are correct with regard to LL's intentions. At least that is how I read the situation myself. I just didn't want to harm my claim by having failed to complete an important step like informally disputing the charges, to show to the court that it could not have been resolved amicably or that I have done all that I could. Also one quick question. The tenancy was joint in contract only, but I assume that the Letter before action must come from and be singed by both named tenants?
  2. Ed999- Thank you. You are absolutely right, the above draft is terrible and the purpose of a proper 'letter before action' is just to inform that court action will be taken if the matter is not satisfactory resolved within the given time period. The only thing is that since LL put forward the new charges a week ago, I have been gathering information on where I stand and haven't disputed them or explained LL's unreasonable position. Shouldn't I do that first before sending the Letter before action?
  3. Thanks for you suggestion, I have implemented that in the letter. If part of the deposit was returned would it make any difference to the claim in court?
  4. xxxx xxxxx xxxxxxx xxxxxxxxx 20th April 2011 xxxxxxxxxxxxxxxx xxxxxxxxx xxxxx xxxxx xxxxx Dear xxxxxx, LETTER BEFORE ACTION Further to my e-mail dated xxxxx 2011 requesting the return. This letter relates to my repeated requests that you return the deposit that I paid on 04.09.2009 for the accommodation at xxxxxxxxxx. I would like to formally dispute your proposed deductions from the deposit. With regards to the administrative charges, I do not have a duty to provide you with closing statements. The charges are simply unreasonable Second, with regards to the sunken sofa arm I dispute the amount of £449 for replacement of the sofa. The compression of the foam in the armrest is a result of fair wear and tear. The item was used for its intended purpose. Replacement is an appropriate remedy where the item is either severely or extensively damaged beyond economic repair or, its condition makes it unusable. This is clearly not the case, as a sunken armrest does not impair the use and enjoyment of the sofa. Lastly, I request refund of the rent as to our prior agreement and your acceptance of early surrender by re-letting the property from 23.12.2011 until 4.01.2011 inclusive, amounting to £25x13 amounting £325. Amount of the deposit: £1042.50 Amount of the rent refund: £325 Total: £1367.50 Failing a satisfactory resolve within fourteen days from the date of this letter I will place a claim to the county court without further notice. Yours faithfully Name xxxxxxx Contact number xxxxxxxx This a rough first draft of a lba. From what I gather it is best to keep it short. Your suggestions and corrections are welcome! Thanks in advance.
  5. What did you meant by ' no deposit was given for her to make deductions?'. LL holds the deposit in her accnt, it was/is protected by insurance based scheme but since the time for ARD lapsed it is of no use. LL is informing that deductions will be made from the deposit and remained paid out to me. I am naturally disputing these charges. Advised to write a letter before action and working on the wording now. Any suggestions? Would be most grateful. Inventory was signed when moved in, all it stated was 'two seater black sofa' no condition was mentioned. When moving out, LL snapped a photo of the armrest, e-mailing to me as evidence of damage. I was not present at the time the photo was taken.
  6. What effect if any does a county court claim awarded in the tenants favor, has on LL and their business, if they are portfolio LL's for examples? I heard somewhere that small claims judgments are passed to credit agencies, and therefore threatening legal action can serve as a deterrent for LL? If that is true I was thinking of including this in the letter before action. Any advice?
  7. I believe I can get the photos and also some information on when the sofas were put in the apartment as I understand the whole building was renovated and furnishes and then sold, hence the identical furnishings. My friend ownes the flat in the building and can provide the information, perhaps it would be useful. How can I present a claim that I , because that is the case but not sure what the court would say. I don't think LL can deny that a new tenant moved in, LL stated that in an e-mail to me, also my last council tax bill was calculated taking into the account the new tenancy. If that is not enough I might be able to get ask the new tenant for a copy of their agreement. Also the neighbors witness statements or is that going over board? From what I gathered there are two routes, Money Claim online which is N1 form I believe there is a different form N-something else. Also I wonder if anyone knows the time scale for this dispute. The reason I ask is that I am currently residing abroad and will have to fly in for the proceedings, just wondering how many times that may be.
  8. 14 months Assured shorthold tenancy started Sept 2009, end Jan 2011. LL presented me with ridiculous charges for administrative costs in chasing up utility companies at £100 per company, totalling £300 (electric/water/council tax). There is no clause in the tenancy agreement, which obligates me the tenant to provide the landlord with final bill statements. All bills were paid in full, in due time and I have rang up each company asking if there was any correspondence between themselves and my LL to substantiate the LL's claim. The answer was 'no' in each case, and as far as I know it is not standard practice for utility companies, if the bill is unpaid, to chase up the landlord, rather than the account holder. Thus the LL cannot impose such charges? Am I right in thinking all of the above? Sofa with a slightly dented armrest- LL claimed that I have damaged the sofa and wished to replace it with a brand new leather sofa, initially pricing the top cost at £300, now LL changed a priced a new sofa at £449. The inventory I signed states ‘two seater black sofa’ there is no mention of the condition. Can this be argued as betterment? I am a conscientious tenant, the place was left sparkling (in much better shape than received and I have pictorial evidence of this), with absolutely no damage, and therefore I am obviously not prepared to pay for any of the charges. I know that the whole apartment block has this particular sofa and everyone has the same problem with the armrests, the foam inside just melts after some time. My deposit is protected by a scheme, however LL presented these charges 3 months after I moved out of the property and now I cannot use arbitration to resolve the dispute. The only remedy available to me is placing a claim with county court. And finally, I moved out of the property 3 weeks before the end my tenancy (the full moths rent was paid). The landlord was fine about and aware of that fact. A new tenant moved in 2.5 weeks before the end of my tenancy. It was agreed over telephone and in an e-mail correspondence that the landlords were to reimburse me the rent for that time, as in essence she was getting double. She has now conveniently forgot about this. Where do I stand? i) Any help and advice on how to start a County Court claim ii) The wording of a Letter Before Action iii) Chances of success in: a) admin charges b) sofa c) rent refund Many thanks in advance.
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