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About DwayneH

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  1. Thanks. I think I'll do that. Another two weeks will not make any difference and I can get the claim all correctly worded and the witnes statementin the meantime. Could i post it on here without any names involved or would that breach the rules? Also, has anyone got any advice on the question about the claimants? Can it be two names i.e Mr Joe Bloggs, Miss Jane Doe? Because there were two names on the agreement.Thanks
  2. Thanks for the advice. Is that correct about the recorded delivery? I don't really want to start over - unless of course not doing so would be dtrimental. I sent the letter before action by email as well as we had been sending emails back and forth and I had asked him as suggested in an earlier post if he was prepared to accept email as a means of communication for serving papers and he agreed. I have been working with this link for the claim: https://www.consumeractiongroup.co.uk/forum/showthread.php?126261-TDS-Court-Claims-Wording(2-Viewing)-nbsp Thanks again
  3. Thanks. Sorry I haven't really got the hang of things. And thanks everyone for the advice I did stop texting him and just sent the letter before action and he didn't accept it from recorded delivery but I have proof of postage and confirmation online that they couldn't deliver because nobody would accept it
  4. Yes that's it. Should I have asked on that thread? I kept getting warned for merging threads and thought this was just a question about the court papers?
  5. Hi. I have served my ex landlord a Letter Before Action concerning not protecting my deposit and waited three weeks with no response and now want to claim at court. I'm following the advice from another thread about going forward with the claim but I'm stuck with one point. My girlfriend was added to the tenancy agreement after a few weeks and a new tenancy agreement was provided. Do I make the claim in both our names or just mine? the claim form it says Claimant. Is it acceptable for their to be two claimants? thanks
  6. HI Further to another thread I've posted on here, I'm i dispute with my previous landlord in that he did not protect my deposit. He harassed me for rent and I left the property early. He has since been paid the rent arrears from housing benefit but continued to pursue me for rent for the remainder of the tenancy. I requested information about the TDS and he said he didn't protect it. Throughout emails and texts over the past few weeks he's constantly referred to the deposit. But i think he's becoming more and more desperate. Yesterday he stopped me in the street, so presume he must have been following me, and just handed me a letter with a smile on his face, then ran across the street, jumped in his car and was gone. It was a rant of expletives he said was his own letter before action. This morning he has emailed me to say from hid records he can now see it was two months rent in advance and never a deposit> therefore my claim is invalid. The receipt just says receipt for £1000. urely the court will see through this? He has even fabricated his receipt book!
  7. Hi, yes, he said he accepted texts and emails as a method of communication to accept documents. I followed your advice.
  8. Hi again Further to the above dispute with my previous landlord. I have informed him that my ameneded letter before action is in the mail and that all previous offers have been withdrawn. However, he has texted me to say he's claiming from me first> That he's sent a Late Payment Demand and that I will only have seven days to respond and then end up in court. It will include solictors costs etc. I explained to him that he could merely counter claim my claim and save the possibilty of court twice but he's laughed it off and said I should have been quicker. Any advice? Can he use a LPD for unpaid rent? He's added interest hes said, and refurbishment of the property. You couldn't make it up. I have texts from him threatening to collect the keys by the end of the week unless i paid arrears with the rent. He's since had the backdated arrears but seems very peed off that I've asked him for payment for not protecting the deposit. Just to repeat I did leave the property early, with four months left on the agreement. His constant demands for rent were becoming unbearable. I have the text when he threatens to come and collect the keys. I have another when he states he wants £150 in his bank account by the end of the day or he will become very angry. Others where he's swearing etc. I gave him a letter recorded delivery with twenty eight days notice but left before that because of the text in relation to the keys and him coming down to the property. I know it wasn't correct procedure but I didn't know much about these things the. Since I've been reading on these forums I'm now hoping he has breached the agreement because of the threats or he accepted my "surrender" of the property when immediately after my 28 day letter he sent the text about coming to get the keys if I didn't make immediate payment. Any help would be much appreciated.
  9. Great advice. I really appreciate it. It's amazing what you can find out on here. I've discovered that he should also have given me an energy performance certificate and an annual gas safety record, and had smoke alarms on both storeys of the residence. He didn't provide any of these. And he's now texted me to say he will contact the council and say I was working when claiming the housing benefit. Unbelievable. I'm at college becoming a counselor for alcoholics.
  10. Many thanks for the above. Yes, I've merged two threads. Sorry. He has offered to accept my first offer if I return to the property and paint one room. Which is ridiculous as I left the property in good order. I even invited him to view it before leaving the keys. I think he just needs the last say. he doesn't want to think I get the better of him. He even suggested that this should happen within the next 48 hours of by the end of the week he would only be offering £250 Can I withdraw the first offer by text or email? And inform him a revised LBA is in the post. He keeps texting me. He has only accepted the first offer on the basis of doing decorating work, which was not the offer I put forward. Many thanks
  11. Hi everyone. This is a great forum. I've had problems with my ex landlord demanding that I owed rent to him after leaving the property because of harassment. After reading through threads on here I asked him to provide a proof of a deposit protection scheme and displayed to him why I thought he had harassed me and breached his tenancy contract. I texted him all this and mentioned county court and he laughed and said "bring it on". But then I sent him a letter before action just asking for the deposit back or it would go to court and all of a sudden he is falling over backwards to return it to me. I should have asked for a least £1000 rather than the £500 deposit because he has admitted that he didnt protect the deposit and that would be the minimum that a court would order him to pay. Can I send a second letter before action telling him to ignore the first, that I after him finally admitting to me he didn't protect the deposit I feel that £1000 would be the minimum the court would award so that's what I would accept? I am thinking of how a court would look at this rather than him. Thanks
  12. Thanks for the reply. What would be the situation as I've outlined. When I sent a recorded delivery letter to the landlord to give him 28 days notice because he had failed to fix the soil pipe etc and he didn't then query it. In fact, he texted me to say fine that he would be coming down to get the keys in the next couple of days. Is that him accepting it? Or did he need to accept it in writing? When the payment was late he even texted me " put 200 pounds into my account tonight and when I come to get the keys I won't be as angry ...." Also he has already let out the property again so how could he still expect four months rent from me for the same property? Thanks
  13. Hi everyone. I'm a new member on here. I came across the site when researching tenancy deposit schemes and I've read through several threads but can't seem to find and guidance in relation to my particular problem. Briefly, in September of last year I agreed to rent a property with a private landlord. I had a few concerns about the property but the landlord assured me they would be dealt with once I moved in. But I needed somewhere to live quickly and my mother paid the deposit. The rent was to be paid by housing benefit. There was mould throughout the property, there was a leak from the soil stack or a blockage causing it to seep out from where the two pipes join, a couple of electrical sockets that were loose from the wall etc. I paid the deposit in cash and received a receipt. After several weeks the landlord had not repaired any of the above despite my texting and phoning him. At the same time he began to phone and text me demanding the rent but there was a delay at the housing benefit and the payment had not yet come through. He threatened in the text messages to come round to the property on specific dates and turf me out and take the keys back. I felt intimidated by him and told him by recorded delivery letter that I was going to give him 28 days notice to leave because he hadn't fixed any of the things he had promised. He had no problem with this and texted the sooner the better and that he still hadn't had the rent. I left the property and asked him for the deposit back and he said he was keeping it because he was still owed money. I then found out online that the deposit should have been protected. I asked him about this so that it could go to a resolution but he would not give me the details but kept on saying that he had protected it. He then came back to me and said that I owed him four months rent for leaving early, fees that he had paid to an electrician to fix a pendant - which was one of the jobs I had asked him to fix - fees for a skip to empty the property even though it was empty when I left etc. I realise I'm rambling on. What I'm trying to determine is whether the tenancy was valid when he didn't protect the deposit? Has he a right to claim back four months rent from me when he didn't protect the deposit in the first place? Did the agreement lose any legitimacy when he failed to do that? I ask because despite my continued asking him he will not return the deposit and I'm thinking about taking it to court. All I want is my deposit back. Nothing else. He has since had the back payments up until the time I left the property. Any advice would be much appreciated. Thanks
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