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  1. I'd like some advice please, if I may. My other half has sent a letter to our previous landlord asking for 2x the deposit amount as they did not protect the deposit. They have acknowledged that they did not protect the deposit. They claim that as a goodwill gesture, and because "you were clear you needed the full amount to purchase your new house", they did not deduct for repairs, redecoration and a deep clean, which they claim was needed over and above wear and tear. They also claim there were outstanding utility bills. Initial thoughts please?
  2. Hello, I rented a studio over 4 years ago through a London Agent; standard AST. The Agent secured my deposit (over £1000) with TDS. After one year my LL decided she did not need the agent anymore and offered to rent the flat directly to me. This, according to her, saved her some money to proceed with the needed repairs. I have been renewing contract (no changes in there) for the consecutive 3 years since then. Due to her numerous failures to carry out repairs (leaks, mold, poor insulation, lack of heating - literally she removed electric heaters from the walls to make the fl
  3. My landlord protected my deposit incorrectly and did not issue all the PI. I believe this means I can bring a claim against him for non protection, but he has ignored my letter before action. However, I am struggling with which form to use - N208 or N1. Some landlord websites seem to suggest it must be N208/Part 8 (and CPR 56.1 certainly seems to suggest they are correct) a nd that is a more costly route (which they seem to take great delight in pointing out to deter tenants from claiming!). I am happy to pay a solicitor in the knowledge that it i
  4. Dear all. My tenant are asking me to repair the rear fence. However, because of the different configuration of the garden behind us, our rear fence is actually the neighbour’s left hand fence. If this is the case, then are we still definitely responsible for this fence? The deeds do not say whose fence it is! Does anybody have any ideas please?
  5. After sending a LBA to my previous LL, who had not secured my deposit (£650) with the TDS, they returned the deposit in full. I re-sent the LBA reminding them of the maximum penalties (3x £650) for non-compliance. The LL has now come back with an offer of £650 in full and final settlement, stating that they were unaware of the law - even though it was specifically referred to in the LL's rental agreement. What is the chance of a claim for the maximum penalty of £1,950 succeeding, now that the LL has made this offer?
  6. Hi, I have recently moved into a new room with a private landlady. I paid the deposit on 11/9/14 via bank transfer as this would also hold the room. She acknowledged this via text and confirmed the room was mine and said she would send a tenancy agreement to my old address. I have now moved into the new place but have still not received anything after several texts requesting and her saying she would send. I have read that a written tenancy agreement does not have to be in place, but obviously I want one as was promised. Also I am unsure of where I stand in re
  7. Hello, I moved property 3 months ago. When I chose this location, there were several factors which were very important to me. 1) A NTL connection had to be available, which the estate agent told me was available, and they even showed me the NTL connection. 2) That there was CCTV around the entire property, which there appears to be by various cameras placed around the property. Since I have moved there, I have found out that: 1) The NTL connection is infact a dummy and does not work. I approached the letting agent about this and got the following response: **********
  8. Hey guys, I've been reading up on a few similar cases and I am just wanting come clarification and some questions answered. Firstly I will try and give you the situation I am in. My partner and I rented a small flat off an Agency who made us sign all the paper work and an annex to the original letting agreement stating that the deposit is to be secured. They then said that the LL wanted to do all the maintenance work on the property themselves. Ok contract signed, moved in. There was no inventory to be signed, no dated photographs to sign either (I have had to do this before)
  9. Hi, We are currently in disagreement with our previous landlord regarding return of our deposit. I have been letting in London for over 11 years and have never had any issues so I'm pretty new to this. We are coming to the end of negotiations and the landlord is currently insisting that it is us who raise a dispute with TDS. This has alarm bells ringing for me as I don't understand why the landlord does not raise the dispute themselves. It brings me on to the online evidence portal. Do both parties have access to the evidence AFTER the TDS has received ALL evidence? or
  10. Hello, I really need your advice please. I live in a shared household with two other tenants. The house share was started by myself & one other person & then a month later another house mate joined and a new tenancy agreement was made. We have agreed to an 18 month tenancy with a 12 month break-clause. We are currently 8 months into that agreement & the house mate I initially moved in with now wants to move out. The Letting Agent has agreed & neither I or the other housemate has any problem with someone new joining for the remainder of the tenancy. However i
  11. Hello there, I've been doing some digging around the Tenancy Deposit Scheme as myself and girlfriend have recently left our tenancy at a 3 month let and have sought our deposit back. The landlord has stated that he is not willing to return the full amount back due to a number of issues which we are disputing. We have had a wide range of issues with this private landlord and property during our tenancy unfortunately no contracts were ever signed and was a verbal agreement although we do have some written emails as proof of our tenancy at the property including dates etc. During negoti
  12. Hello, Last year my landlord was awarded money from the deposit through the TDS, however, while the case was being considered by the TDS, he started a claim for the same amount through the courts. TDS found in his favour, and just after, I received a CCJ through for the same amount even though I wrote to the court to inform them that the case was being dealt with by TDS. I am trying to clear my credit history, so is there anything i can do about the CCJ? I have the TDS paperwork stating the amount awarded to landlord. Thanks
  13. Hello everyone, I am new to the site and, having read some extremely helpful information regarding tenancy deposit schemes, I wondered if someone might be able to help with one issue that I am yet to figure out. I recently informed my landlord that I would be moving out of my property of over five years (moved in Aug 2007). Everything has been very amicable up to this point, but we have just found ourselves feuding over my deposit. Last week he called to tell me that he never received my deposit (i.e. it was never forwarded to him from the agent dealing with the tenancy). As a result
  14. Hello folks, I understand that landlords are obliged not only to register a tenancy deposit with one of the 3 authorised schemes, but also to provide a deposit protection certificate or equivalent information. Details of that are in the appropriate sticky (I can't post links yet). My question is a more practical one: are there any cases of court action against a landlord who *has* protected the deposit but has *not* provided the appropriate documentation, even by the end of the tenancy? Or similar situations? What I'm really wondering is how on earth it would be practical to *pr
  15. Our landlord didn't put our deposit into a TDS when we began our AST but did place it into The Dispute Service on 7th November. We had an email including the relevant leaflets on 22nd November (15 days later, minutes after I had written an email to the landlord threatening action). It seems likely (?) that we could have the deposit repaid at the end of the tenancy because he didn't deposit it in good time, (not that I am planning to trash the place! but we have it on good authority that he is a bit slippery about paying deposits back). Do I have a case to go to court? I wonder if I
  16. Hi, I am new here and wondered if I could get some advice to do with my landlord please? I have been living in a bedsit with my BF until I was pregnant we then needed to move into a 2 bedroom property. We told the LL last year we would be moving out and it would be short notice as it was going to be a housing association property. We didn't know when we'd move out, we were waiting until one was available and we had viewed it. If the property was ok with us we were given the keys there and then. The lanlord was happy with this and there was no problem. That was last year and
  17. I wrote a while ago on here how I took my landlord to court for non return of my deposit. The judge awarded in my favour and issued an order for the Landlord to pay my £375 deposit plus 1x deposit. Since then the Landlord has made a counterclaim and has fabricated evidence saying that I caused £1100 worth damage to a radiator and a matress. During the first hearing of the counter claim the Landlord failed to present any evidence so the Judge set another date for the hearing. As I did not recieve any evidence prior to the hearing I did not attend the court hearing. During t
  18. Hi there hoping for some advice. We recently got a phone call from our landlord saying someone has put and offer on our flat and has been accepted. From this we asked if we could end the tenancy early if we found somewhere say in a week or two. He said yes. We have signed for a new flat and told the landlord who is saying he didn't say it and wants 2 months notice. I'm guessing we're in a bad situation, 2 months is on paper and the 2 week notice was only a verbal agreement. Am I correct in thinking this? This leaves us in the awful situation of potentially paying for 2 places for 2 m
  19. CAn anyone advise pls? Sent a LBA to LL re non-protection and return of deposit and court proceedings. Heard nothing back within 14 days then receive a letter from the LL's solicitor asking me not to instigate court proceedings for a week as they'll be in a position to answer the "issues" i raised then.They threatened that if I don't comply then they'll produce the letter to the court when the issue of costs arises if not before! I thought that in the case of non-compliance with the TDS rules that I could not be liable for LL's costs? Any other pointers welcome. Thanks
  20. Hi, Was just wondering if someone could help me and my flatmates with a situation we're having with recovering our deposit for a flat in London. The three of us are students at present, but the rental was a private one. We vacated the flat without the landlord or a representative from the letting agency present, but did our own full inventory and took photos of this. The landlord (who deceitfully is also a director of the letting agency company) is disputing claims that the deposit will not be returned because of his own costs: £850 to repaint it?! - but we haven't consented to thi
  21. Does anyone have an idea what commencing action will cost? I've seen wildly varying figures for use of the N208 form from £175 to £000's If there is non-protection by May 6th 2012 and no info provided, then isn't it an open and shut case - never that simple I know?! Is a defendant given the right to counterclaim, given that they either have or have not followed the legal obligation? Thanks in advance.
  22. When I moved in to my apartment in March 2009, it was on a Common Law Tenancy basis for 12 months, the rent at the time being greater than the £25k threshold. I was then asked to renew by the Landlord as they said their bank required them to have a signed agreement as a condition of their mortgage, whereas I had suggested just rolling the contract on on a periodic basis. I also informed the landlord that from October 2010, our tenancy would revert to an Assured Shorthold and they would be required to protect the deposit. We signed a 6 month extension to the end of September 2010 as a result. W
  23. Last year I and 7 friends rented a house together. We were all students during the term of the tenancy. We had no problems at all until about a week ago, when the landlord got back in touch regarding our deposits. He proposed some very large (frankly ridiculous) deductions. So I began to investigate our rights. (I can go into more detail about these charges if need be, but I thought I should ask about Tenant Deposit Protection Schemes first). I replied to this, asking him which TDP scheme he had used. The landlord informed me he had not used a TDP and was not legally required to do so, as
  24. Hi guys, Really hope we can get some advice, we are having real problems with our landlord. First of all there are repairs that have been outstanding nearly a year that are getting worse, damp that is shorting electrics, half the electrics in the house are out, the plumbing both in and out, rotting walls the list is endless. I have been promised time and time again it will be fixed and normally he sends round an unskilled worker to botch it over, even important thingsnow as my daughter seems to be getting ill from the damp i contacted him again, he came round with his same 2 workers
  25. I have recently moved out of a property after 7 months (initial fixed term of 6 months). I discovered late in the tenancy that the landlord ( he is the cousin of the owners and manages the property for them) had not protected the deposit. I have repeatedly asked where it is - he has avoided the issue, blamed it on the letting agent and even given me a bogus reference number for the TDS (think this was for one of his other properties). I have now established that it is not protected in any of the 3 schemes He has tried to make spurious deductions for cleaning, despite us leaving the pro
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