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  1. Hi there, I'm having some problems to get the balance of my deposit back, this is £290. I have sent 3 emails to my former landlord and he said that I'm his lodger, I don't have any right and they are not willing to give me anything back. The problem is I'm not his lodger, he didn't live in the property. The landlord is a business of 2 Spanish guys (agency) taking advantage of other foreigners in London. They rent properties through letting agencies and they sublet every inch in the house to people. We were living in London 8 people in a house with one bathroom. As far as I know the owner of the house doesn't know what is happening in her house, but my landlord doesn't want to give me her details nor the letting agency details neither. The agency who rented me the house keeps partly the deposits of other tenants saying that the walls need to be repainted or things like that. My former flatmates had the same problem as me. In my case, they are charging me for a mould which grew in the bedroom due poor insulation, for the cleaning of that mould and for the curtains (which are dirty because of the mould and they were so high I couldn't remove them to wash them up). They are charging me for the walls (were dirty before I moved there, but they didn't do a check-out to the previous tenant and they are charging me for it) and for one night I did not sleep there. This agency are making fraudulent contracts. My contract says "Licence to occupy" and it says "This agreement is not intended to confer exclusive possession upon the licensee, nor it is intended to create the relationship of landlord and tenant between the parties. The Licensee shall not be entitled to an assured tenancy or a statutory periodic tenancy under the Housing Act 1988 or to any other statutory secure of tenure now or upon the determination of the Licence. The Licensee accepts that this Licence does not confer any statutory protection and/or rights that would otherwise be applicable to an assured tenancy or a statutory periodic tenancy under the Housing Act 1988". I contacted Shelter and they said that the agreement is not legal as I was a tenant, not a lodger, as the landlord is an agency and they do not share the property with us. A legal advisor in Shelter told me that I can go to court and make a claim because the agency didn't protect my deposit despite the agreement says. Does anybody know what can I do in this case? This agency does not want to talk to me nor to reply my emails. They took my money unfairly and they are doing the same to other foreigners as people leave the property and they do not know how to claim their money back. So they keep doing the same over and over again. They are taking advantage mainly of Spaniards who come to the UK without knowing how the system works. Is there any way I can report them? If so, where? I don't mind the money, but I want to stop them to do the same to other people. Many thanks.
  2. Hi all, I posted a while back regarding a private tenancy issue relating to legal notice periods etc, not sure if I can post the link here so if anyone wants some background I am sure you can find it on my profile page. OK so rather than update that thread as most of it is irrelevant now I thought Id start a new one with this latest issue. LL did eventually protect deposit or so I believe, (I received a letter or prescribed info but I believe it has come direct from LL) Then LL sent official section 21 notice to quit with the 14th May 2014 on it so I was right all along, or should I say Mariner51 was right as I had the 15th May 2014 but what’s 24 hrs hey I have found a new property and my tenancy begins tomorrow 28th April 2014 and had arranged to hand over keys to this LL tomorrow morning again 28th April 2014. I have just been trying to figure out how I will get my deposit back from DPS bearing in mind that it was protected 1 year & 4 months late. On the DPS’s search there is no record however when I type in my reference number and surname it brings up a screen that says account status closed? I have no idea what this means as I have not received any monies, or further communications from the DPS. Was the deposit never actually protected? Where is the deposit now? Can anyone give me an idea of whats going on as I am meeting with LL early & will have very little chance to speak to DPS prior to the meeting. Many Thanks Again
  3. 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.
  4. Here is my quandry: I have my deposit held by DPS. I ended my tenancy and was asked to give up almost half my deposit (£790 - £382) As the house had dated decor and old fixtures (noted in the inventory) I argued the fact that I had left the property in as best condition as possible. In fact, I spent a great deal of my time cleaning a house that was falling to bits. I made a counter offer via the DPS site, which was rejected. In the meantime the house was sold without any of the work (noted in an email from my letting agent) pertaining to the withheld portion of the deposit being done. I know this because: - I moved two doors down so I have a very good idea about who comes and goes - I can see the house from the outside to the front and rear and - The photos of the house put on the selling agent's website did not include any new work, besides a very dodgy wallpapering over of a severely damp-affected wall. Thinking that the sale of the house may change the situation, I waited 3 weeks for my landlord to return from holidays to hear what her new instructions would be. Today, I received an email from the letting agency that reads as follows: I have been in discussions with your landlord with regards to a deduction and they have advised they will accept a £250 deduction to now get the matter settled. If this cannot be agreed and the matter is referred to the DPS for adjudication they will be making a claim for the full amount and not that of £250. So...the landlord has sold the property without getting any of the work done and made an arbitrary claim for £250 with the implied threat that I should take it or suffer the consequences. What to do? Thoughts?
  5. I wonder if you can please help me, hope im in the right part of the site. I have been working as a decorator and handy man. I started a job for a company before christmas, they were going to pay me to pain the inside and outside of their offices. In december they gave me a £250 deposit most of which I would use to buy pain and other bits and bobs. I paid for them before the vat went up to save a few pounds. Due to the snow the building work was not finished and so when i was due to start in january i could not. I managed to get another job but after two weeks they were still not ready and then another two weeks later i heard nothing so popped in to make sure. When i got there the guy didnt want ot talk to me and said that he was on his way to a meeting and could i call back. I said that I just wanted to see when i could start the work and he insisted that i go. The next day he phoned and said that there had been a 'change of plan' and could I just drop the deposit money back to him when i was passing. i said that this was out of order and that I had shelled out for paint and had been waiting to do the job. Today I received a letter on their headed paper sent by recorded delivery saying that i would be taken to the small claims court if I didnt send back the money within 7 days. Sorry that this is long winded!!! Anyway, can someone ask for their deposit back? Do I have a leg to stand on? I think that he is bang out of order but I have only started out on my own recently and this is the sort of thing that makes me want to give up. Thanks.
  6. Hi All, I recently moved house and my previous landlord is attempting to take most of my deposit. There were a two issues brought up during my tenancy that I admit are my fault and will owe compensation towards: 1) The bath room tiles did develop some stubborn mould in places. 2) The kitchen table at the premises (the only piece of furniture not owned by myself) has been damaged on its legs by my cat’s claws. But after an independent inventory inspection on the day I left the inspector told me there was nothing much to worry about, the table had existing chips and damage to it before I moved in and even though my cats have damaged it further, there was no photographic proof of the state of the legs before I moved in - only the slight chipped tabletop and that I should only pay £70-£80 towards repair. Prior to this, at his request I bought the landlord a new table after being asked to with only the specification of a suitable replacement wood table between £100 and £200 and after searching for and purchasing a more than suitable table, I get a demand to view said table on the day of its delivery and it was rejected as it was not an exact match (which I was never told to find) and blew £100+ on a table I don't need. This shows my willingness to make amends for the extra damage I admit has been caused to the table since I moved in, but I realise now I was stupid even considering to buy a NEW table when my cats only caused extra damage, the existing table was damaged BEFORE we even moved in and the inventory even specifies this. But now he wants £453 from my £500: £10 Clean cat hairs off lounge blind £10 Clean faint grubby markings off kitchen blind £5 Clean two sticky tab marks £25 to replace 5 light bulbs. £60 Tile grout discoloured (action taken: Refinish grout) £110 Bathroom Tile grout discoloured (action taken: Rake out joints, refinish grout + reseal) £38 - 3” of heating oil on a 250 gallon tank = 16 Gallons = 76 litres at 0.5p litre (not mentioned on inventory report or told to leave any in there) £195 Table damage I emailed the Agent and Landlord explaining what I agreed with, and mostly, what I did not as follows: I will not be paying the £38 for 3" of oil as the day I moved in I tried to use the heating and was told by the Landlords mother that I was not allowed to use it until I had ordered some more oil and so I turned the heating off. At no time was I told there was any amount in the tank on my arrival, nor was I told at any time I had to leave a certain amount, and there is no mentioned in my copy of the report from the inspector that there is any discrepancy, if I'd have known I would have left some. I was not allowed to use any oil when I moved in, and I left none as I moved out. 5 Light bulbs do not cost £25 - even taking in to account screwing them in. I will pay £10 for these and that's still including a small fee for "labour". I completely refuse to pay that much for the table to be repaired for the reasons given above. I asked to receive proof of the final cost of the work carried out on the tiles as I believe £170 is pushing it for the damage the inspector described to me as minimal. I said I believed £270 is a fair and honest price and is the maximum I am prepared to pay given the information I have been presented with. Bearing in mind that if the kitchen and bathroom tile work isn't as expensive as listed above when I am presented with the proof I expect this to be even less or I shall be taking action. My landlord responded with the following: The cost represents a tiler for one day plus materials. I have carried out the work myself and my rates are much higher. However, to keep in line with industry rates I have used the lower rate of a tiler, and have not included a management fee. The work could have been carried out by the tenant to minimise his costs, but he chose to leave it to me. I have also lost revenue whilst the work has been carried out, and this is not reflected in my costs, so I believe that I have been very generous. The boiler was in fact used for 3-4 weeks before any further supplies were delivered. However, AA inventories reported the level of oil as part of their initial property review, and the reported level should be reflected on departure from the property. AA inventories did not report against the level in their last report but was confirmed as approx 3". As above I have used the actual cost of the oil to replenish that used. I have not charged a management fee to replenish the oil on behalf of the tenant. Note: (The heating was not in use – I half froze to death wearing gloves and hats indoors for the first month until I got paid) The tenant had the opportunity to replace bulbs and chose not to. In addition to the purchase price of the bulbs the cost includes travel and time to purchase. The tenant will find that he too will incur similar costs for the same. On arrival the table was almost perfect with only a small amount of marks showing to the top face. The table top has further marking to its top face and extensive damaged to its legs caused by cats sharpening their claws. This is reported in the AA inventories report. My last inspection of some months prior to the tenant leaving identified the table damage and it was agreed that he should find a suitable replacement of the same size, style, quality, and finish. The table is a very good quality Victorian pine unit and an estimate of replacement cost was agreed at approx £200. At no time was he under pressure to purchase anything quickly. A very similar unit is for sale in Claire antiques centre for £235. The table Mr Sawyers chose as a replacement was not the same size, style, quality, or finish. He chose not to take my advice regarding its suitability prior to purchase, and my mother inspected the table in addition to my inspection via a mobile phone photograph. The proposed replacement, once discussed, was agreed to be unsuitable, and its rejection was completely avoidable by the tenant. The cost listed is for repair of the existing table to minimise costs to the tenant. The cost represents 1 days labour and materials for a tradesman. I have not included a management fee to organise its repair. Please refer to the AA inventories report. The table was in near perfect condition, and my repair costs are very reasonable and reflect today's tradesman rates. The house including the kitchen was left spotless by the outgoing previous tenant. The same cannot be said of any part of now. The tenant chose to leave the property in a condition requiring considerable effort and cost to recover its condition. The option to avoid cost was entirely his, and he chose to leave the premises in a sub standard condition, requiring costs to be incurred on his part. The costs identified are extremely reasonable, fair, and justified. They could have been far higher and I am extremely disappointed by his threatening attitude, when he alone is to blame for the costs. I do not agree that £270 is a fair price, and will not accept the tenants offer. As above my costs are extremely fair and reasonable, I hope that the tenant recognises the fact and settles without delay. If we cannot reach agreement by Friday 29th October I will withdraw my current offer, and seek to recover my full costs through legal channels. I sincerely hope that we do not have to resort to a legal resolution to this dispute, and that common sense will prevail on the tenant’s part. Any advice guys, the inventory inspector said nothing to worry about, the place was clean and the guy even said the kitchen was left “cleaner than when we moved in”. Yes I am to blame for the extra table leg damage but I can’t help but feel he is taking me for a ride asking for £195 on appox £235 table? If that was the case why offer to leave the table in for me when he knew I had cats and took the place unfurnished. Any advice would be greatly appreciated. Thank you, Chris.
  7. Hello all. Are there any rules governing or guiding out of court settlements for non protection of our deposit? We've moved out of our property and discovered the estate agent/landlord never protected our deposit. Instead the money was scooted into a black hole by the estate agent, and the police are following up on this. However our legal claim (i believe) is with the landlord not the agent, and any 'understanding' the landlord had with the estate agent is a secondary legal matter. Over 1 month later, we still don't have the deposit back, as it's tangled up between the loss adjusters/insurers/police. We've notified our landlord that it's his responsibility (he says it's not) and said that we'll go to court for the deposit, costs and non-protection fee of 3x deposit. This is the third message we've served to the landlord, and the first time we've threatened to go legal. We are entitled to almost £10,000 from a successful court judgement, but are not particularly inclined to go to court unless we have to. My question is what is a reasonable claim for an out of court settlement? Also, could we liable for the landlords legal costs if the courts fail to award the non-protection penalty? (there seems to be less clarity in practice on this issues than the letter of the law might suggest) Lastly can we ask for a nominal amount to cover the stress and time spent as a result of non-protection/non-return of deposit or would this weaken our court case if it comes to that? (Say, £600 - on top of our deposit for example) I'm naturally disinclined towards litigation culture, but the fact that our landlord is taking no responsibility for our situation (and charging us £25 to replace a lightbulb on top of this) makes me want to assert our rights here. Lastly, we do in some ways feel sorry for our landlord, who may have innocently (if not rather lazily) assumed that the estate agents had done this... Any advice appreciated!
  8. Hi. Need help with writing a letter to my landlord, things have gone too far now. Briefly, I am late with my rent by 2 weeks, it is a periodic tenancy; I have lived in the property for over 5 years now, it is not first time that I am late but as far as I am concerned it was not a problem as never received a single letter about it. My landlord begun to threaten me to change the locks, to 'blacklist' me, as well as making sure that I will not be able to rent again from local letting agents by giving bad ref; it all started about a month ago. At first I tried to explain to him that for the past 3 yrs I was a full time student I often had financial difficulties and that he should now by now that I am not going to run away (I have a full time job now, but have not been paid yet), he would not take a notice. He sends me lots of text messages giving me the dates stating when to leave(3 different so far), he also says I am staying in the flat illegally as there was no new contract signed, I am know that he is not right. Now he says he does not want money, he wants us out by Fri. He also said,( without seeing the flat!) that he will keep half of my deposit to cover the expenses for cleaning carpets which are surly as old as I am(I have a dog, L agreed to it about 4yrs ago, but changed his mind recently, ordering me to get rid of the poor animal). I am assuming he thinks that I have not got a clue about the legal proceedings etc Websites like this one help a lot! What do I tell him in the letter; want to keep it short, polite but clear of what I am asking for. Should I report it to any authorities, just do not want to find myself homeless after getting back from work on Fri evening. Never been stressed that much, really want it to stop.
  9. Hi guys, I'm posting to ask for any advice people can give me. The tenancy at my old house (12 months long) has recently finished (1 month ago) and after several attempts I've contacted my landlord about claiming back my deposit. I moved out of the house after a week because of various problems, however I payed all of my rent anyway as I didnt have a choice. The landlord says that no deposits will be returned until all outstanding rent is payed, and apparently two of my fellow ex-tenants still owe rent. She suggests I give them a 'shove' to pay up. However I'm not in contact with them any more. Do I have a leg to stand on as far as claiming my £200 deposit back? Considering I didn't live there I shouldnt have wound up any fines for damages etc. I don't feel it's right that I should suffer and not receive my deposit because my old housemates didn't pay up. Do you think she may be bluffing to try and get me to get them to pay up? (basically doing her dirty work). There's no incentive for them to pay up because their deposit is less than a months rent. I know it's not a lot of money but it's the principle. Any help would be massively appreciated guys, thanks!
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