Can i still reclaim deposit from 2005

[littlefatbudha]

Can i still fight for outstanding deposit from 2005,and would there be a way to see if contract was un-enforcable,as they claim we damaged carpet etc,but was like it when we moved in.

This was the first time we had private rented and did not check infantry,but did later point out problems with the property,but when i queried this ,they told me the lady i reported to had left,and there was no record.Please help

[Kentish Lass]

Need more information.

 

What was the date of the AST.

How long was the term.

Have you signed new AST agreements since the first one.

If so, what was the date of the last one and when did it finish.

Does the Landlord have a check in inventory, signed as accepted by you?

Have you left the property now?

[Planner]

Can i still fight for outstanding deposit from 2005,and would there be a way to see if contract was un-enforcable,as they claim we damaged carpet etc,but was like it when we moved in.

This was the first time we had private rented and did not check infantry,but did later point out problems with the property,but when i queried this ,they told me the lady i reported to had left,and there was no record.Please help

 

Yes. You can claim such items as 'deposits' for up to six years.

 

I expect you will be asked why you have waited so long to make a claim.

 

Have you still got 'proof' of the condition of the property when you mived in and when you moved out?

[littlefatbudha]

My wife moved out of property while, i was working away (8 months ),she left property in march 2005,i still have some of the paper work,but i cannot find letter letting agent re; things wrong with property.

there were carpet burns, an old fish tank in the garden, to which they charged us when we left,old beer bottles in the shed etc,etc.

I dont think the property had been check properly since the last tenant had left.

Would they still hold previous details of the property on their systems.

Many thanks .Steve

[littlefatbudha]

Also is there a way, like a S.A.R.S to get all information on this property, i.e ,damage reports,work carried out etc.

[Planner]

How much are we talking about?

 

I would be surprised if they had anything on their system from 2005, you can always check.

 

Not sure if a SAR would work/show anything in this instance. Again, I wouldnt imagine they would hold data for 4+ years.

Edited July 10, 2009 by Planner

[littlefatbudha]

Thanks for the quick reply,the total amount is £1500 ,and i would like to get it back of the WAN*^£s.Thanks.Steve

[littlefatbudha]

So if they dont keep files over 4 years,and you can claim up to six years,where would they stand,if i took them to court,eventually.?

[Planner]

Your word against theirs.

 

I would imagine the 4+ year gap would go against you.

[littlefatbudha]

I know what you are saying,but if they have no proof their end against a claim surely that is their own fault, secondly i am one of these people that did not now their rights,and it is only reading through sites like this,that actually lets you know,and what the public can actually do against these people.

I did speak to a manager in 2005 (Paul Callop ) and he was not helpful in the slightest,and to be honest was very rude.

It might be better to just protest inside the estate agents,what do you think !

[Planner]

I know what you are saying,but if they have no proof their end against a claim surely that is their own fault

 

Thats just the point. They dont have 'proof' and you dont have 'proof', all the judge has is your word against theirs, and the 4+ year gap isnt going to look good in my opinnion.

 

Think about it. What are you going to put on your claim form? what evidence are you going to use to conveince the judge? can you even prove that you lived at the property anymore?

 

Without even the basics to back your claim up, theres the risk ypu are going to come across as a victicious litigant, thats if your claim isnt struck out by the otherside soon after its submitted.

 

I would normally encourage anyone to go against unfair deductions, but in your case I think your running the risk of throwing good money after bad.

 

Good luck. Let us know the outcome if you do take it further.