solicitor's letter pg 1 & 2

my reply (below) to solicitor, no response received yet? May I, with all due respect clarify on issues raised in yourletter dated 28/06/11, among others. I raised the Small Claims against defenders which by my definitionincludes the landlord and agent (your client) by implication. This is evidentin my statement of claims which mentioned both landlord and agent. To the bestof my knowledge, I included your client in the claims due to their involvement, role played and the factthat their name and address are printed as landlord(s) in Form AT5 (copyattached) notice served on me at start of tenancy. In addition, I have never met nor spoken to the landlord before,rather I dealt with your client all through the tenancy period; I paid rent,deposit and others fees; signed lease, inventory, etc with them. More so, yourclient acted as landlord(s) when they sent Sheriff Officer from Scott & Coafter me, and said Officer rang me and visited my flat on 28/01/11. However, I have no qualms if either your client or landlordanswers raised claim. Because, I strongly believe the actions of your clientwere just executions of agreement reached with the landlord. In view of this fact,it is reasonable that any of the ‘defenders’ can assume responsibility foractions being taken against them. Nevertheless, I am very sorry that your client is not happy thatthey are not exonerated; please convey my sincere apologies to them. I am quiteignorant of the procedure. But, I am willing to apply to the court foramendment without delay if you could please confirm the current and detailaddress of the landlord (with postcode), and a note indicating that the landlordnow has the deposit I paid? I do not have complete address of the landlord, soI would be obliged if you could send this information to me preferably viae-mail or text message to beat postal delay. Without prejudice to the landlord, his action on this matterleaves much to be desired. I am also very surprise that he is disputingdocumented facts. May I reiterate that I heated and ventilated the flat as expected.Nonetheless, your client, who is an authority in property management withdecades of experience; stated in an unequivocal terms that my efforts to abatecondensation by way of ventilation cannot prevent it from occuring! Thisstatement might likely be the reason why your client refused to installxpelair/extractor fan specifically designed for ventilation, air conditioningand damp control in living apartments. Addendum: Firstly, I am not happy that: · I foot the bill of £29.38 for inventory re-check alone, this isnot normally charged to out-going tenant(s) and, in rare cases it is shared? · I was charged £263.01 for two weeks rent instead £250 pounds;given that I normally pay £500 pounds per month. · I had to pay professional cleaners to clean the flat before Imoved in? This is on record. Secondly, your client breached the tenancy agreement and floutedour Right to Respect for Private and Family Life, Article 8 of Human Rights Act1998; by entering into our rented house with his own keys without any form of notice,pre-arrangement or permission from us. This is a document fact because I made aformal complain. Please ask your client for copies of these complaints, my lastletter noting this is dated 14/11/10. Thirdly, I gathered from reliable source that the property inquestion has been uninhabitable for months now because, it was flooded due toceiling decay among other structural damages that cannot be caused bycondensation that occurred within about 9 months tenancy. This is a majorstructural defect specified as repairs to be carried out by landlord in thelease but, was denied severally whilst I was occupying the flat. This further casts doubt if your client/landlord indeed carriedout the repair they gave as reason for seizing my deposit? I hereby use thismedium to formally request for a copy of the completion certificate of proposedrepair work done by Grampian Property Care Ltd. Finally, may I stop by indicating that I am very much open tonegotiation if your client and/or landlord wish(es) to return my hard-earnedmoney? Yours faithfully,

the solicitors letter pages 1 & 2 attached here again due to clarity problem!

Hi Martin3030 & others, please see attached solicitor's letter (2 pages) and my own response (3 pages). After my letter which I sent recorded, solicitor replied court summons indicating that he wishes to state a defence and wishes to appear in court. I am thinking of sending amendment or incidental application to court next monday to amend the claim I raisedly, please I need your advices urgently, CAB has not responded to me and I don't have money to engage a solicitor like this rich property leasing company?

please I need advise tailor made or specifically for scotland. Thanks all the same guys for your valuable advises!

Hi guys, Please I need advice re flat 'am renting presently. Ever since I wrote detail letter complaining of state/condition of the flat (not being fit for purpose and uninhabitable) and landlady nonchalant and or indifferent attitude towards repairs, replacement of damages appliances; the landlady has just kept away from the flat, and she is not complaining when I stopped paying rent or if I pay late. Cooker, heaters, etc are broken, I complained but no response yet? This is very strange, please has anyone been in the same situation? I couldn't believe this. Meanwhile, I have bought heaters, electric cooker, etc with my money. Please any thought or advice??

Hi, thanks for your comments and/or advice so far. I'm new here, so please bear with me for any mistakes made..@ Rebel11 may I know why thread was moved? @ Martin3030: detail answer to your questions: it is deposit of 500 pounds I paid for renting my former flat, which is being withheld by agent/landlord due to repair cost of damages on property decorations caused by condensation, i.e. according to the agent. They said I caused it because I didn't ventilate the flat as supposed and instructed. I disputed this and made several requests for return of my deposit via letters. I went to my local court and small claim was issued 28th June 11, return date 27th July 11 and hearing date 4th Aug 11. I have never met the landlord before but have dealth with agent all thru tenancy period; such as paying rents, repairs, complaints, etc. Lease/tenancy agreement was signed by agent (and agent named landlords/landlord's agent in the first 2 pages) but, has landlord's name and address in subsequent pages. Agent's solicitor wrote saying I'm suing the wrong person, and that if I withdraw/dismiss this action against his client and also do not make fresh claim against the actual landlord, that his client would be willing to forfeit any claim they wish to make against me for suing the wrong? And that if I go ahead with this case it would only cost me considerable time and expenses. I hope this detail enough, but feel free to ask further questions that may help you offer legal advise. Cheers

Hi all, Made small claims againt leasing agent, summons already sent. Agent's solicitor wrote saying that I am suing the wrong person and that his client will make a claim against me for taking action against the wrong person. Has anyone been in similar situation? Advice please, especially from legal perspective as solicitor is involved now. Thanks