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    • Ah I see what you mean. That is unfortunate, but guess there's little I can do then. Thanks very much for your help!
    • OK I sent CCA request on Monday 7/6 recorded delivery with a postal order uncrossed with £1 stating on the back that it didn't go towards any alleged debt.   Wednesday 9/6, received the postal order back from Arrow with a cover letter saying they no longer charge a fee and 'we will respond as soon as we can'   Then on Friday 11/6 morning a letter dated the 10th (they said if we didn't hear back from you by the 11th) I got a letter of claim from Drydens saying 'if you do not provide proposals to repay, legal action may be issued in the county court'.  Along with 'you have 30 days to respond'. Attached is a printout of an income and expenditure sheet.
    • Your attachment was viewable in your first post.   Does the issue you mention with the wallpaper/slight stain really constitute a breach ?  Is it significant enough ?   The wallpaper was probably applied before the wall was properly dry.  But the other possibility, is that the tenants did not open windows regularly to ventilate the room.  It is important for windows to be opened or put into a vent position on a regular basis, to ensure that moisture is allowed out.   If the tenant had clothes drying in the house, with baths/showers being used etc, this may have helped cause the wallpaper peeling  and the damp stain.   Today has been a lovely Summer day in many parts of the UK, so the tenants may not be as quick to respond.  Same issue with replies to this site, so you might get other responses later.   The tenant is unlikely to try to pursue you for the matress or health issue they say is caused by a damp issue.  Unlikely to have sufficient evidence and their own actions may be the cause.   They are most likely deciding whether to complete work in the garden or not.   You are within your rights to hold onto the deposit for now, until the reasonable request to return property to pre let condition is completed.    
    • Oh Yorky, I'm so sorry you're still having trouble with your dad's hospital.   I can't believe they are still being so awkward, I sometimes think they (companies in general, not just hospitals) forget that we put ourselves through this stress and worry not because we want to, or even because we have to, but because we want what's best for our loved ones.   Their advice for you to deliver the form in person is at odds with the advice on their own website stating that visits have been suspended due to Covid. I mean, I would understand if someone wanted you to drop off clothes for your dad, but a piece of paper? Which could end up anywhere? That's... crazy.   I don't know if the following link is worth a try or whether you've been down this road, but the hospital website has details of all the consultants Consultants | North Tees and Hartlepool NHS Foundation Trust WWW.NTH.NHS.UK If you want to find out details of our hospital consultants and contact information you can search for them in our A-Z. obviously you'll know your dad's consultant name, but the phone numbers on there, are they ward ones that you've tried before or do they look different?   That said, even if you are more successful with that, definitely still get PALS and as much senior management on board as you can with a formal complaint. You shouldn't have to go to such lengths to get hold of the right people and for the right information, especially at such a stressful time.   You point out that you remember you're doing this for your brother and your dad, which is the best approach. I'm sure they, in their own way, know that you are pushing yourself and pushing the hospital for an outcome as you are is because of them.   I know it's easy for someone on the internet to say "look after yourself", "do this to help with stress" etc, but if you do feel you need extra help with dealing with your stress/worry, please don't be afraid to seek help from a doctor yourself. A "well" you is the best sort of support for your dad and brother.   I wish I could offer more support and I'm sure that if anyone else of the CAG community has any other suggestions, I'm sure they will come here and let you know.  
    • Ok update.  I have spent the last week or two, trying to get help from the Staff Nurses and Matron, regarding the Consultant or someone to have my dads lack of capacity documented, either their own paperwork or me sending COP3. I   they have informed the consultant looking after my dad, who at this moment is sounding very ill, with medical issues on top of delirium and confusion, he is apparently having blood transfusion bag things. not eating and drinking. I have even spoken to the consultants secretary to explain the urgent matter and to have the consultant contact over the last few days WITHOUT SUCCESS, conversion ended today with its a legal form can I take it into hospital personally, er..I dont drive and Im in Northampton, Hospital is Stockton on Tees.    the nurses cant help need to speak to consultant!!!!!!! conversation ended with well I will complain to PALS, GMC secretary of Health or whoever......reply was looks like it then?   I have just compiled a 3 page letter [well e mail one] sent to PALS, I will follow up with a written one and to whoever else I can contact.   I need this medical form before I can do anything else with court or appointee   anyone have any ideas cos Im now at my gasping point, wondering why the hell am I taking on all this stress and worry, then I think of my younger brother, and that reminds me why I am doing it and doing it for.
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Another question this time re: instruction manuals


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Well, involving our deposit our case is either now going to go to the DPS's ADR or to court.

 

I'm trying to get all my ducks in a row as I will need to get this stuff in order regardless of if it goes to ADR (if the LL agrees) or to court.

 

Does a landlord have to give instruction manuals for all appliances within the property to a tenant? I thought I read it somewhere in our lease agreement but now that I'm looking for it I can't find it. I've read it on other sites but I am unclear as to if these are "suggestions" or if they are mandatory?

 

I am looking for this in regards to a situation with the oil fueled boiler at our old property. We did not know that if it got too low on oil that it would have to be "bled" and that there's a charge for that... LL quoted 90 pounds on the phone but has given us no statement regarding charges (i.e. receipt or quote). We were not informed of this upon move in and have had no experience with boilers before (all properties we lived in prior had electric heating). We only went low on oil to save money for our move which was short notice, otherwise this would have never been an issue. Regardless of why we went low I would very much like to know if this is a regulation or a suggestion in regards to instruction manuals.

 

Thanks again and sorry to keep asking questions.

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No specific requirement of which I am aware, save that the landlord owes you a duty of care.

 

The landlord 'should' ensure you have all that you need to live in the property safely. If this goes so far as including 'welcome packs' / manuals, so be it.

 

On the other hand, I can foresee an argument that it is simply a question of what is reasonable - and, similarly, that you should return the property as you find it too.

 

Yes, you 'should' have a manual for the oil fired boiler, but if you had not used such a boiler before there is an argument that you could, perhaps, have asked for advice / sought the manual direct from the manufacturer had the landlord not co-operated. More so, perhaps, if you had lived at the property for some time, or had some 'history' with the landlord/boiler.

 

Sorry if that sounds a bit harsh, but hope that helps. I'm rushing off now, so will check back later.

Edited by NewSAHD

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Hello again. Have a read through Factsheet 4 - The Electrical Equipment (Safety) Regulations 1994 | Factsheets | Letting Factsheets for specific reference.

 

In practical terms, however, you should find most reasonable Landlords / Agents will :

 

- carry out yearly testing of any electrical appliances (that have a plug / are not hard wired like storage heaters / cookers) by arranging for a suitably qualified contractor to carry out PAT testing (Portable Appliance Testing) on their behalf.

 

The tell-tale that this has been done can often be the little stickers attached to the electrical appliances :) .

 

- whilst also carrying out periodic inspections of the hard wiring itself.

 

Again, hope that helps.

 

Also, now that I've just actually read the link I offered above :D (plus, it could be out of date, there are others, and I'm not connected in any way to the link given either!) you will see that it says, amongst the information, that

 

"RECOMMENDED:

 

  • Have appliances checked by a qualified electrical engineer.
  • Ensure that instruction booklets are available at the property for all appliances and that any necessary safety warnings are given to tenants.
  • Refer to the Regulations within the agency agreement with your landlord.
  • Avoid purchasing second-hand electrical appliances for rented properties and advise owners likewise. If used appliances are installed, it is necessary to have them checked by a qualified engineer.
  • There is no specific requirement for regular testing under the Regulations. However, in order for the agent to ensure compliance, some ongoing checks should be scheduled."

There are some items of legislation that you cannot avoid - Gas Safety a case in point - but some common sense on the part of Landlords/Agents would go some way to help too.

 

Asking "Is the property safe?" and "Have we done all that could be reasonably expected of us?" and so on.

 

You mention getting all your ducks in a row, what is it that you feel the landlord may and/or will pursue? Also, what is it that you feel you must and/or should pursue?

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I've given some detail as to the story of this in another post but I'll try to sum it up here.

 

Landlord gave us required two month's notice to quit. AST was from Sept 08 to Sept 09. Notice to quite expired in November. We moved out in October having found a place. Deposit was protected. We were not evicted for any breach in tenancy or the like... simply he wanted to move in tenants who wanted a let to buy (deal fell through days after we moved out but that's not really important except I think he's trying to recoup some of his losses at our expense).

 

18 October we moved out. Landlord met us at the property. We got a rug doctor, cleaned the place... as far as cleanliness of the place went we left it mostly in a better condition than we recieved it in.

 

There was a check in inventory done by DVD.

 

Landlord did a walk through, seemed mostly pleased, commented only on a couple stains on the carpet we were unable to get out. Said he wanted a couple days to bring in a professional to see if they could get the stains out. We agreed.

 

Called the landlord 5 or 6 days later, said he still hadn't done it. We say okay and give him more time. Two weeks later landlord still hasn't called us with anything, so we call him... and he doesn't call back. Day 17 or 18 after tenancy ended we file with the DPS for part of our deposit back... half to be exact just wanting this done with, hoping to spur him to action, needing some of it back because of the costs of moving. That night landlord calls and says he wants all the deposit plus 200 pounds. My husband took the call and said that he'd talk to someone and call back the next day. Husband called the agent who does not want to get involved since it was only apparently an arrangement where they were tasked with finding tenants and drawing up the tenancy agreement. Husband calls LL back and says that he needs to send us what he wants in writing.

 

LL never sends anything in writing, however he made his way to the DPS web site and rejected our offer days later... at the 21 day mark. We resubmit our proposal the next day (trying to acually get it into dispute, but the site was confusing and it resubmitted it all over again). Later the next night LL refuses the offer. That day I contact DPS and get them to walk me through how to put it into dispute. At this point I am filing for the entire amount back as we have seen no documentation and are tired of chasing the LL. We are still awaiting a response from the LL regarding if he'll accept adjudication, so that's another 14 days total we'll have to wait.

 

Now, in the figures he gave my husband quickly over the phone - many I feel are completely bogus... 800 pounds to replace a carpet in a reception room and on the stairs! And we're talking cheap carpet.

 

I am not trying to get over on him, really what I'm hoping to do is get this to adjudication. I want to be able to show that I'm reasonable. Despite the fact that there was no written or video check out done by LL I will admit to the oil we used (even though we earnestly didn't know we had to replace it to the previous level... though it is sort of common sense) even though he can't prove what it was when we left. I will even consent to pay for the cost of bleeding the boiler (within reason, I want other quotes because I hear that 90 pounds is quite steep). However I want to see quotes or receipts for these costs.

 

Regarding the carpet... I feel he is shooting for betterment. I will pay a reasonable amount on the front reception room carpet as it did get burned by things popping past the grate of the fire place. Of course this price I feel should take into consideration a year's worth of depreciation. The carpet on the stairs I do not agree with as I feel it is fair wear and tear. Either it is a foam backed carpet with no paper beneath it, or it is a felt backed carpet with no padding... both scenarios lend to dirt beneath comming up through the carpet and reduces the lifespan of the carpet adding to wear and tear.

 

Additonally I saw a carpet cleaner at the house when I went to visit my old neighbor (snapped a picture of it). Checked back a couple days later and the carpets are wonderful. He can not charge us to have the carpets cleaned AND replaced. I have no problem consenting to pay the carpet cleaning charge if we just knew what it was and if the carpets were laid properly!

 

The emulsion on the walls whipped away with water, a soft cloth and no pressure and I think he's trying to claim for a paint job. We told him that this was happening two weeks into the tenancy and his response was the he knew that would happen. He told us we could use the paint left in the attic to touch up or just leave it. We took the time to cover over as many of the spots that had washed away as we had paint, but there simply wasn't enough (as it took two coats on each spot). I don't feel I should be held liable for a paint job that was incorrectly done.

 

The kitchen tap leaked from Feb. to Oct. when we moved out. We informed him of it many times, he even sent a plumber out to look at it but the issue never got resolved. Calculated water loss by Anglian Water comes to 33 cubic meters, which equals roughly 45 pounds.

 

Multiple times we told him the roof leaked badly, multiple times he came out to look at it but did nothing saying he had tried to find the leak but couldn't. My husband and I found the leak, he came over, we pointed out where it was likely coming from, he said he'd come back the next day and fix it but didn't. So for the next month it rained inside our house. This was after we finally got permission to take measures to take care of the black mold that was making my daughters and I quite ill.

 

My frustration with all of this is that I really wanted this to be handled fairly and properly, which he hasn't done with making us chase him. We don't have a current address for him, only a telephone number. I'm earnestly not seeking all of the deposit back but I wish to site and show (ie. oil, bleeding the boiler, and any other things he presents once we can get something in writing) what I'm willing to agree to despite his lack of care and responsibility in seeing that things were handled correctly (especially in regards to check out) in the hopes that the adjudicator (or judge if it ends up going to court) will see that I earnestly feel that these other charges are unfair, bogus, or not taking into account depreciation, fair wear and tear, etc.

 

I hope this all makes sense. And I hope that I am appearing to be reasonable and fair and not just thinking that I am trying to be. I really, only truly want what is fair for both parties. It's just the LL has been extremely difficult in being forthcoming with any information.

Edited by AngelofSol
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Edited by NewSAHD

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Hi, this was, initially, a quickly typed post for you, but it hasn't worked out as quickly as intended. Apologies in advance for any typos!

 

I've read through your other posts, and can see how frustrating this is for you.

 

First few thoughts for me are that:

 

1.) There are some here with better knowledge of dealing with disputes through the Tenancy Deposit Scheme (not me, never had any cause to do so) so be worth checking with them as to the mechanics of what you do and when.

 

Key, I recall, is stick to the paperwork sent to you. No deviation, etc

 

I mention this as some of what I may suggest, below, will be covered elsewhere when dealing with TDSs.

 

2.) Your other posts set out some of the problems you have experienced, so will read through again in a short while too. MrShed, who I have seen posting elsewhere here at CAG, seemed to be giving some good pointers for you on those.

 

3.) To my mind you need, quickly, some way to now properly document your attempts to deal with this gentleman though.

 

You may need to rely upon these later on too, so give some thought to what, if anything, you offer at the outset i.e. you need to be fair and be seen to be fair, but it appears he will take advantage wherever he can. Don't let him.

 

4.) What has changed so that you don't have his address? Please advise, as all communication via a mobile doesn't seem to be helping here.

 

5.) Ask him as soon as you can for his email address (subject to this not compromising TDS protocols, see 1), above :-)) The informality of email may more easily allow him to slip up.

(make up any story you need, if needs be, such as your partner / you are about to start on shifts and won't be able to speak during the day for a short while :rolleyes:).

I was going to suggest you get one polite, non contentious email out to him and a reply back from him too, so that you know it works, but time may be against you.

 

6.) If he does not have email then ask him also for his current correspondence / postal address, as you wish to write to him, so that you can agree a way forward, in writing, if that is what it's going to take.

 

How you go about that will leave to you as you know his character.

 

7.) If he ignores these reasonable requests, don't worry for now, just say "you're disappointed, these are quite reasonable requests, what does he expect you to do next" or some such and leave it at that, for now.

 

8.) Also, if he ignores these requests, there may be several addresses you can initially use for him anyway, but I wouldn't let on to him about this. For my part I'd then be looking to:

 

a) Send a letter addressed to him, care of the Letting Agent. They may forward it on to the last known address.

 

b) Send a copy to the property itself. What's happened to the property though, has it been relet? Is is vacant, awaiting a sale?

 

c) Moving on, go to Property Search - Land Registry and put in the details of the rented home.

 

You may find the address given on the LR records was that of the rented home itself, if not, you then have an alternative address you can then use for him.

 

Send the letters by recorded Delivery and/or deliver the letters by hand (and make a note of the date / time / who took it), as needs be, so that there is little or no doubt that he has had them.

 

d) There may be a lender noted on the LR records, if so, I'd copy the post there too if he's not replying / co-operating. Polite cover note asking them to forward the letter(s) to their Client etc. It's late, so will give some thought to this particular suggestion later, as the goal is the return of your deposit, rather than stirring up (too much) trouble.

 

9.) Need to know the specifics of what he's claiming, equally, don't want to jeopardise TDS protocols.

 

Again, for what it's worth, hope that may help.

 

 

(PS Last tiny point, been in the back of my mind whilst typing - you let the oil tank run down when you were getting ready to move out, but do you recall if there was any record of how much oil was in the tank when you first moved in, or when you first purchased fuel for it and the subsequent pattern of use?)

Edited by NewSAHD

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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4.) What has changed so that you don't have his address? Please advise, as all communication via a mobile doesn't seem to be helping here.

 

At some point during our tenancy involving the roof leak we tried the number in the lease which had worked prior and we tried a number he had given us shortly after we moved in. Both were no good at that point. Turns out he and his family had to move out of their house and into a trailer near some new project he was working on (Barn conversion this time... he's a "developer" :rolleyes:). Called the agent and got a new phone number. Have never gotten any new address or gotten any email address.

 

5.) Ask him as soon as you can for his email address (subject to this not compromising TDS protocols, see 1), above :-)) The informality of email may more easily allow him to slip up.

(make up any story you need, if needs be, such as your partner / you are about to start on shifts and won't be able to speak during the day for a short while :rolleyes:).

I was going to suggest you get one polite, non contentious email out to him and a reply back from him too, so that you know it works, but time may be against you.

 

I have seen him get mean, and try to bully people in our village when he doesn't get what he wants/things don't go his way/someone challanges him. Despite this I will take your advice and see if I can get an email address.

 

(PS Last tiny point, been in the back of my mind whilst typing - you let the oil tank run down when you were getting ready to move out, but do you recall if there was any record of how much oil was in the tank when you first moved in, or when you first purchased fuel for it and the subsequent pattern of use?)

 

Yes, there was 17 inches. I don't think we've kept the receipts for filling it up, but can probably dig up bank records that would detail such. Sadly we had intended on filling it up before the winter but needed all the cash we could to manage the move once we found out... and we had to sit on the knowledge we'd have to possibly move for almost two months prior to notice so we curbed our spending. What's sad is, oil wouldn't have run down if LL had just fixed the electric switch on the hot water heater that we told him twice was broken! (Once in August while weather was very nice and it made no sense to burn the boiler, and once in September again).

 

Thank you for your advice... I have gotten good advice from others, just as I look at things I have more questions from time to time and I'm trying to get answers (all my ducks in a row ;)). I know some of them are strange but I want to "cover all my bases" :D. Thank you for your patience and the measure of sympathy you have conveyed. This is all just so trying.

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Post back once you have an email / postal address and all of us here, I am sure, will help put together a 'summary' to try and help bring this a close.

 

You may well need more formal advice in due course, but, perhaps, best you be seen to be reasonable in your approach, even if he hasn't responded more positively - yet.

 

Good luck with the call, should be straightforward - just keep to the script and don't be drawn.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Will do, in regards to the property it is listed as "Under Application". I forgot to answer that question.

 

I'll text him or call him (if I get the courage... I'm a person who doesn't like confrontation) today after I get my girls off to school and see to a few things.

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Update - sent LL a text message as follows

 

Please send your mailing address and your emailaddress to [email protected] in order that we may begin written correspondence regarding our deposit. Please be advised our mailing address is Box XXX, Place Name, Town Name County, Postal Code.

 

Now I'm just waiting to hear back from him if he opts to respond or not.

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My suspicion is that you won't hear back and will need to chase/call him. Come to that in due course

 

Where are you with the formalities of TDS though?

 

I am less familiar with the mechanics of deposit disputes, but don't want to see you inadvertently missing any deadlines

 

Post again in about a day or so too if you have not heard from the landlord!

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Okay, if he doesn't respond to the dispute within 14 days we have to file a single claims form... which then he has 14 days after that's done to respond to that... which will finally put it into dispute.

 

If he does respond he has to agree or decline arbitration by the DPS's ADR.

 

If he declines then it has to go to small claims.

 

If he accepts then they send him an evidence form.

 

He has 14 days to submit his evidence. If he fails to do so, we win. If he sends in his evidence then...

 

They send us a summary and a tenant evidence form.

 

We have 14 days to submit our own evidence. If we fail to submit evidence he wins... which I won't let that happen.

 

DPS sends him a summary of our evidence. He has 7 days from the issue to accept or disagree with the our form and to submit any additonal evidence which they wish to be taken into account. If he doesn't respond it automatically goes to the ADR. If he does respond it still goes to the ADR.

 

ADR has up to 28 days to make a decision.

 

Once a decision has been reached they will contact both parties in 2 days. Monies will be paid out by them within 10 days.

 

That's the short and sweet of it.

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That's the short and sweet of it.

 

:D

 

Thanks, that's most helpful. Time now for us all here to put together your initial, more formal request for your deposit to him and see if we can bring this to a close now, without the need for too much 'formality' later.

 

I'd be inclined to keep it short and sweet :D to start - and simple - with, if appropriate, detail to follow later, as needed.

 

No doubt those with more experience of deposit disputes will assist too.

 

Look forward to catching up with you later.

Edited by NewSAHD
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As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I have a form letter that was put up either on this forum or on another forum. Can't remember which forum.

 

I have to ammend it a little bit but once I've done that and get some time I'll post it up for people to check out and crtique/give advice on before I post it off.

 

Right now it's family movie time and I owe my family my presence away from all of this researching. Look for it later tonight or sometime tomorrow if the LL doesn't respond by email.

 

Thanks for all your help thus far and thanks for your continuing help and that of anyone else here!

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13 November 2009

 

Dear ,

 

We are writing to you concerning our tenancy of the premises at ,That House>, , , , , which ended on 18 October 2009.

 

We request again that you submit to us any invoices and quotes for any damages and/or repairs you seek to deduct from our deposit. As of the date of the drafting of this letter you have only contacted us via telephone with sketchy and scant details concerning the amount you wish to claim despite our request that you remit such to us in writing with attached receipts, invoices, and/or quotes. We wish to seek timely and fair resolution to this issue and your cooperation in this matter would be appreciated.

 

Upon vacation of the property alone performed a walk through and did not give us anything in writing as to final measurements, readings, or complaints regarding the state of the property. When we turned over the keys expressed he was quite pleased and satisfied with the state we returned the property to with the exception of a couple stains on two of the carpets and one of the linoleum floor in the Master En-suite, which despite our best efforts to clean we were unable to remove. At such time he informed us he wished a couple of days to bring a carpet cleaner in and someone to see about the stain on the linoleum to see if such stains could be removed. This request was reasonable and we were left with the impression that we would hear from you within a week at which time you would disclose to us the cost of cleaning the carpet and the linoleum floor. Had this been the case we could have happily agreed to an amount and had this matter settled.

 

Two weeks after vacating the premises and after having called you the week prior you still had not seen to the carpet or the linoleum floor. Again we had to chase after this matter and call you at which time you still had no answer for us. It was only a few days after two weeks had passed that you finally called and began rattling off a list of charges and fees with no due explanation. Charges I believe that if they had any merit you would have brought up upon your final inspection and made issue of. Surely charges that amount to the £1700.00 you asked my husband for over the phone amount to extensive and severe damage, which I believe would have caused you to raise issue upon check-out, which outside of what I have stated above you did not.

 

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 carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

 

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. I believe that this takes into respect as to whether or not the item was installed correctly or not therefore reducing its expected life.

 

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.

 

We request that you give us 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.

 

We 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 adjudication or to court.

 

You must remember that the deposit is our 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.

 

We 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 we receive no satisfactory reply by then or through the DPS, we will begin the process to apply for a Single File Claim should you not respond.

 

As you have not answered text messages and other requests to be forth coming with a current mailing address I will ask again that you provide us with a suitable address for sending post so we might resolve this on our own. You have fourteen days, should you wish to attempt this route to provide us with said address. Should you not we will take this as evidence that you do not wish to be cooperative and have therefore refused to provide such to us. In the end this will only help us in filing a Single Claim, so ultimately it is in your best interest to respond to this simple request.

 

Additionally should this matter go to dispute resolution and/or court we hereby inform you of our intention to deduct from your claimed due deductions of our deposit the cost of 3 gallons of water a day for a duration of 11 months to recoup our losses and money spent due to the leaking tap in the kitchen which you were informed about in February 2009 and said that you would repair many times but never did. We also intend to bring up the issues regarding the health of our household and the mold that grew within it due to the leak in the roof that you permitted to fester even after we found it, informed you of it countless times and that it was getting worse (beginning in September 2009 ), and that you said you would repair but never did.

 

We look forward to hearing from you within 14 days and urge you to see this matter resolved swiftly and with as little headache to both parties as possible.

 

Again, for your records I supply you with an email address and a mailing address correspondence can be sent to.

 

Email: [email protected]

 

Mailing Address:

XXX

 

 

Sincerely,

 

 

 

 

 

Disappointed Husband Annoyed Wife

Edited by AngelofSol
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I hope that this is okay. Please feel free to give me any advice on editing it. I have a tendancy to give too much information/ say too much.

 

I dated it for tomorrow, but it probably won't go out until monday if he hasn't agreed to undergo the DPS's ADR.

 

If I can get it looked at by the very helpful and knowledgeable people here and get it all sorted out then I might be able to get it in the mail tomorrow.

 

In intend to send one copy to the address listed on the TA, which from what I understand is no longer valid but it's the only one I have. One to the house we just moved away from, and one to the LA's office (I know he's re-letting the property through this agency that he used before). I also think I have his and her place of buisiness... the address for it, I'll send one there. I really don't want to pay any money beyond what I have to to post these letters and get the stamp or whatever that proves they were posted so I'm opting not to look him and his partner (who is also listed on the lease) up on public records. I'm leary about putting credit card details through a computer or phone right now.

 

If anyone has any real experience with this and wishes to edit it and send it back to you please feel free to do so and send your "fixed" copy to me via PM. I would greatly appreciate it.

Edited by AngelofSol
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have a tendancy to give too much information/ say too much.

 

Firstly, you and me both :D .

 

If anyone has any real experience with this and wishes to edit it and send it back to you please feel free to do so and send your "fixed" copy to me via PM. I would greatly appreciate it.

 

There appears to be a mix of experience on the CAG forums that should serve you well.

 

For my tuppence worth, your letter is your opening shot. Arguably, less is more, so I'd be looking to cut the letter down a bit and not give too much of your own position away either at this stage.

 

I'll leave the mechanics of Tenancy Deposit schemes to others, but will gladly read through your draft.

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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((I've cut it down... how's this?))

 

Dear ,

 

We are writing to you concerning our tenancy of the premises at ,That House>, , , , , which ended on 18 October 2009.

 

We request again that you submit to us any invoices and quotes for any damages and/or repairs you seek to deduct from our deposit. As of the date of the drafting of this letter you have only contacted us via telephone with sketchy and scant details concerning the amount you wish to claim despite our request that you remit such to us in writing with attached receipts, invoices, and/or quotes. We wish to seek timely and fair resolution to this issue and your cooperation in this matter would be appreciated.

 

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 carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

 

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.

 

We request that you give us 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.

 

We 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 adjudication or to court.

 

You must remember that the deposit is our 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.

 

We 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.

 

As you have not answered text messages and other requests to be forth coming with a current mailing address I will ask again that you provide us with a suitable address for sending post so we might resolve this on our own. You have fourteen days, should you wish to attempt this route to provide us with said address. Should you not we will take this as evidence that you do not wish to be cooperative and have therefore refused to provide such to us. In the end this will only help us in filing a Single Claim, so ultimately it is in your best interest to respond to this simple request.

 

We look forward to hearing from you within 14 days and urge you to see this matter resolved swiftly and with as little headache to both parties as possible.

 

Again, for your records I supply you with an email address and a mailing address correspondence can be sent to.

 

Email: [email protected]

 

Mailing Address:

XXX

 

 

Sincerely,

 

 

 

 

 

Disappointed Husband Annoyed Wife

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I've been cogitating :) and now the shopping that has just been delivered needs putting away too! Will be back to the posts later

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I deleted the part from the letter asking him to send a cheque for any undisputed amount (didn't delete it on the post, just on the copy on my computer that I want to send to him. Since he doesn't hold the deposit that doesn't really apply.

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((I further edited it. Here's what I've finally settled on, a copy to be delieverd to the buisiness I reasonably believe he owns. I'll deliver it by hand with a witness if I can secure one and try to get him/her to sign for it.))

 

Dear Mr. LL and Ms. LL's partner on the TA,

 

We are writing to you concerning our tenancy of the premises at , which ended on 18 October 2009.

 

We request again that you submit to us any invoices and quotes for any damages and/or repairs you seek to deduct from our deposit. As of the date of the drafting of this letter you have only contacted us via telephone with sketchy and scant details concerning the amount you wish to claim despite our request that you remit such to us in writing with attached receipts, invoices, and/or quotes. We wish to seek timely and fair resolution to this issue and your cooperation in this matter would be appreciated.

 

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 carpet was worn at the start of the tenancy, you cannot retain the amount that would pay for a brand new carpet.

 

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.

 

We request that you give us 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.

 

We 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 adjudication or to court.

 

You must remember that the deposit is our 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.

 

We require your reply to arrive no later than 14 days after the date of this letter.

 

As you have not answered text messages and other requests to be forth coming with a current mailing address I will ask again that you provide us with a suitable address for sending post so we might resolve this on our own. You have 14 to provide us with said address. Should you not respond to us giving us your current mailing address we will take this as evidence that you do not wish to be cooperative and have therefore refused to provide such to us.

 

We look forward to hearing from you within 14 days and urge you to see this matter resolved swiftly and with as little headache to both parties as possible.

 

Again, for your records I supply you with an email address and a mailing address correspondence can be sent to.

 

Email: [email protected]

 

Mailing Address:

Our Names

 

our Address>

 

Sincerely from myself and on behalf of my husband*,

 

 

 

 

 

Mrs. Tennant Who Wants her deposit back

 

 

 

 

 

*Husband is Mr. Man Who is Not Happy With How You've Treated Us who is listed on the tenancy agreement as the primary tenant and whose authorization I have to dispatch this letter on his behalf as well as my own.

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Have sent you a message, hope it helps, catch up again later

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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Printer is broken and couldn't find a place that would print documents so I was thwarted there. Since the nearest town is the same town in which our LL's company address is located I went by the building.

 

Apparently the company he's director of and the address given isn't an actual address for the buisiness. It was an accountant's office (and no, he isn't an accountant). So, even if I had gotten something printed out I wouldn't have been able to put it into his/her hand.

 

Husband is printing out the letters at work. I will still mail one to the buisiness adress on top of the three others.

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