Please help review my LBA Letter?

[LancashireRock]

Sorry about the length of this message.

 

Guys please help me review this. I have tried to contact the landlord soo many times he did not get back to me but just sent me an email later saying how much he would pay back and saying when i moved out which was absolutely wrong when when i actually moved out (even with 1 month notice!).

 

he's ignored my texts and emails. I didnt want to call him as I know it would not lead to anywhere productive as he would be as he says "telling me off" for asking him to do things he is meant to do? or for asking him to come to an agreement with me about the deposit.

 

Even one time he chose to communicate to me via the other house mates?? he would tell them that he is coming to check the house this date and not even inform me? although luckily i kept it clean so all good.

 

After my complain about the lighting for about a month, it finally kicked in him and he said he was coming over to tell me off, that i kept "bothering him" and he is not happy about it? then i basically just told him to sord off as he was getting on my nerves.anyways after that he sorted out the other housing issues within a month trust me this is very good based on his track record and then left out the lighting issue which i kept writing to him about!? for some reason my tv stopped working after he visited the house one day...hmmm I'm going to leave that to normal surge (even though it is protected with a fuse and an adaptor that also has a fuse...)

 

ok i guess you get the point, this guy makes me itch! i really dont mind if a landlord wants to do things his way as long as he does it in the right way and not try to use his position to bully tenants!

 

Dear Mr Stupid Useless Lazy Landlord!,

 

 

Letter before Action

 

 

RE: Dot Dot Dot Address, Tenancy Deposit

 

 

RE: Compensation for lack of lighting

 

 

I am writing to you concerning my tenancy of the premises at your house with lovely tenants but your soo rubbish a landlord, .

 

I am also writing to complain about your negligence towards the basic requirements in your flat which inevitably led to me leaving the flat. To complain about the

 

• lack of tv cabling which was part of our initial agreement
  
• the lack of lighting in the room which you agreed to fix but failed to
  
• your ignoring my messages about the light and your defensive approach to all tenants
  
• your offensive approach towards me just because I kept asking for the light in my room to be fixed
  
• based on the above I’d like to have compensation including all other compensations as I had to work from home sometimes and with the poor quality of lighting, working at home with two light lamps and a computer might have caused
  

I reckon if the deposit was well protected under a scheme I would have been able to get these issues resolved before they get to this level

 

I request you return my deposit of £XXX as the premises were left clean and in good repair when the tenancy ended. Allowing for fair wear and tear, the premises were left in the same condition as they were in at the beginning of the tenancy.

 

As the deposit was paid after 6 April 2007, you the landlord are required by law to keep the money in a separate account, and to provide the tenant with a written statement detailing (a) exactly what the deposit covers and (b) when the money will be returned. As you have failed to respond to my emails and texts regarding this case, I have called the three deposit schemes in the UK and they have all said they had no record of any deposit from you for me.

 

The deposit must not be regarded as extra rent, to be used to improve the condition of the property.

 

Any amount deducted from it must be equivalent to the amount needed to replace “like with like”. For example, if the wall paint was off, you cannot take the money for a new wall painting.

 

You cannot deduct the replacement value of any item, even if it was brand new at the start of the tenancy, as this would be "betterment". You can only deduct from the deposit a percentage of the item's value, based on (a) its on condition at the start of the tenancy (which you must prove using the inventory from the start of the tenancy), and (b) the expected life of the item.

 

Nor can you make deductions from the deposit for general “wear and tear”. The tenant is only liable for damage that creates extra cost; the deposit is not there to provide a redecoration fund. You must redecorate at your own expense.

 

You must in any event prepare a dilapidation schedule, and you must have the relevant tradesmen give a written quotation (not an estimate) for each item of cost that you include in it.

 

I request that you give me receipts or invoices for work carried out, or quotations for work yet to be done.

 

The onus is on you to prove that there are circumstances justifying the retention of any part of the deposit, and to date you have not provided any such evidence.

 

I will therefore be in a position to demonstrate that it is unreasonable for you to keep any part of the deposit, should you be unable to produce the requested evidence and matters proceed to court.

 

You must remember that the deposit is my money. You must account for it properly. It is a common misconception that the deposit belongs to the landlord, but that is not the case and withholding it without proper grounds is unlawful.

 

I require your reply to arrive no later than 14 days after the date of this letter, together with your cheque for any amount not in dispute. If I receive no satisfactory reply by then, I will begin a County Court action for recovery of my deposit without further warning.

 

The Court can order you to pay back the deposit, and the proceedings are very straightforward. Also, the Courts are very sympathetic to tenants whose landlords do not fulfil their statutory obligations.

 

I look forward to hearing from you within 14 days.

 

Yours faithfully,

 

 

A Guy Who Hates Corning Landlords Who Think They Can Beat The Law And Still Treat Tenants Like Dirt!

[raydetinu]

If deposit not protected then you can sue for 3x the amount, you should let him know that, and he may come around to giving you tthe deposit back without going to court.

[LancashireRock]

He is ignoring all my messages. I've told him I would rather settle the matter outside court but he thinks i'm bluffing i think...