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URGENT HELP DESPERATELY NEEDED: Student acc. Deposit dispute


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Hi all.

 

Here is my situation (i'll try and be brief).

 

I signed a tenancy agreement with my landlord in oct 07 but rent was never asked or enforced, another contract with revised conditions (rent etc.) was issued in April 08 and ended in July 08. I left the propoerty on the 21st June 08 - the other two tenants saw out their tenancies with the landlord (the landlord was living at the property also).

 

We were issued a email on sept 15th 08 stating that our deposits has been with held and that we were only being re-imbursed the sum of £87 of the original £312 due to a bill of £900 worth of cleaning to be done. Landlord sent photos and they only showed consmetic damaged - broken glasses, uncleaned behind the fridge, un-clean sink (prob from lazy housemates and due to broken tap which landlord never fixed - this happened at the end of may 08 and was never fixed until i left).

 

I sent emails to the landlord asking for proof of the £900 worth of work done - nothing ever sent :mad:. The emails from myself continued up until dec 08 where I ceased contact.

 

I then went into MCOL claim going down the TDS route as this was never provided, landlord wanted to defend, nothing after 28 days and then the magic defense turned up after I had put default judgement through.:shock:

 

I have had the landlords defense through and he says that I cannot claim TDS because I only had a license agreement with him (which is true i have read):-?.

 

Am I right in saying that the TDS route is now dead. I was orginally persuing the route of him not providing a tenanble property e.g we never had heating, internet was only available in feb 08, no proof has ever been provided of the work carried out.

 

YOUR ADVICE AND WISE WORDS ARE DESPERATELY NEEDED AS THIS NEEDS TO BE HANDED BACK TO THE COURT ON THE 21st of APRIL 2009!!!!

 

 

Thanks

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yes that is correct.

 

We signed an initial contract in oct 08 but due to negotiations on my behalf, some terms i.e rent and duration of contract were modified. The biggest issue was the fact of whether or not the rent included bills etc and this was supposed to be regulated asap by the landlord.

 

[NB - The presentation of the first contract was done by the landlords father who is a property developper himself, however he is registered as bankrupt and I know for a fact that he uses his sons (my landlord) as directors of his company to evade tax and other things - I PRESUME. He presented me the contract and negotiations were done with him and his son, his son is the legal owner to the property and is the signee on the contract.]

 

We then heard nothing from the landlord with regards to rent up until the middle of our easter holidays where we received an email stating that he required payment for the last however many months and would like it paid by a certain date. I sent him an email explaining that it would be better if he waited another week so that we could receive our student loans for that term and that he would be paid in due course. We then heard nothing about the matter.

 

On the 24/4/08 I made a payment to the landlord totalling £2054 which covered me from oct to april inclusive. If I remember rightly we had not signed the contract yet - i think that this came about in the middle of May. My final payment of of £936 on the 9.6.08 covered me for May-July inclusive. As stated before i left the property on the 21 June but the contract I had signed did state that the tenancy would finish in July.

 

I did not receive an email regarding the 'state' of the property until the 15/09/08 (this quite coincidently coincided with a visit I was going to make to the landlord and my friends in the area - at this point i had had no trouble with him until i received this email literally 2 hours before i was about to leave.)

 

Landlord provided no inventory when we asked simple saying that 'we didnt need to worry about it'.

 

Thanks for your input.

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If you rents upto date then you are in a better position.

 

So what was your MCOL for? Just TDS non-complaince or have you got into some detail about the intended deductions?

 

I thinl you should just be concentrating on the deductions from the deposit for 'damage'.

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  • 4 weeks later...

just wanted to make sure that on my claim of £500 I won't have to pay a fee for the allocation questionnaire???

 

Also if it does go to court will my trial fee be in accordance with what I was originally claiming, or because of interest, will it fall into the higher band of trial fees?

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