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Landlord unfairly claiming back deposit, my response to DPS

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Hello all,

 

My friends and I have recently moved out of a property, and have just received word that our Landlord wants to claim all of our £800 deposit back for "carpets and fittings"! We left that house in perfectly fine condition, allowing for normal wear and tear, so wish to dispute our Landlord's claim. I have now prepared a response to the DPS, and was wondering if some of the experts here could pass comment on whether it is suitable or not.

 

If there is anything in this response that seems irrelevant or unnecessary, or anything you would change, please do tell me - I'm still somewhat new at all this! Thanks again - I REALLY APPRECIATE IT. :)

 

 

---------------------------------------------------------------

 

 

Tuesday 15th December 2009

 

Sir/Madam,

 

Re: DEP ID 10832980 - ADDRESS HERE

 

I do not agree that the Landlord, Mr. XXX XXXX, should be paid ANY of the Amount claimed in the Statutory Declaration. My three friends and I all strenuously deny Mr. XXXX's claims that we left the property at PROPERTY ADDRESS HERE in an unsuitable condition. Indeed, we left the property 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.

 

When I moved into the property in the summer of 2007, the house was owned by a different Landlord, a Mr. AAA AAAA. It was later sold to Mr. XXXX on 1st October 2008, and we continued paying our rent to him. As I recall, Mr. XXXX only viewed the property once. This was in September 2008, just before he purchased the house.

 

After the house had been sold, Mr. XXXX did not return to the property. Not one of us ever received an initial inventory for the property from Mr. XXXX, meaning he has absolutely no proof for his (entirely bogus) claims.

 

Furthermore, no Tenancy Agreement ever existed between ourselves and Mr. XXXX between 31st March 2009 and 30th June 2009, when we left the property. Between the sale of the property to Mr. XXXX on 1st October 2008 and 31st March 2009, we still had our original Tenancy Agreement with the former Landlord, Mr. AAAA, but nothing from Mr. XXXX.

 

When Mr. XXXX took over the premises, I believe he should have served the following on us, as Tenants:

 

a. Old Landlord's Letter of Authority (to pay rent to the new Landlord)

b. Notice under s.3 of LTA 1985 (containing the new Landlord's address); and

c. Notice under s.48 of LTA 1987 (to pay rent to new Landlord).

 

We received absolutely none of the above, perfectly illustrating Mr. XXXX's lacksidaisical attitude to the property and its Tenants. After our original Tenancy Agreement expired in March 2008, I rang Mr. XXXX twice in two weeks to request a new agreement. He promised to send us a new contract, yet this never materialised. Despite having no Tenancy Agreement, we all continued to pay our monthly rent, always on time, into Mr. XXXX's bank account.

 

It is clear to me and my fellow former Tenants that Mr. XXXX is simply attempting to con us out of our deposits for absolutely no good reason. I hope this matter can be swiftly concluded, and that a just decision is reached.

 

Yours Sincerely,

MY NAME

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sorry no help to you but im shocked he is claiming damages when he doesnt even know the state of the house when you moved in :0 sounds like a pillock

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Hello all,

 

My friends and I have recently moved out of a property, and have just received word that our Landlord wants to claim all of our £800 deposit back for "carpets and fittings"! We left that house in perfectly fine condition, allowing for normal wear and tear, so wish to dispute our Landlord's claim. I have now prepared a response to the DPS, and was wondering if some of the experts here could pass comment on whether it is suitable or not.

 

If there is anything in this response that seems irrelevant or unnecessary, or anything you would change, please do tell me - I'm still somewhat new at all this! Thanks again - I REALLY APPRECIATE IT. :)

 

 

---------------------------------------------------------------

 

 

Tuesday 15th December 2009

 

Sir/Madam,

 

Re: DEP ID 10832980 - ADDRESS HERE

 

 

We do not agree that Mr. XXX XXXX, the Landlord of the above property, is entitled to ANY of the Amount claimed in the Statutory Declaration. My three friends and I all strenuously deny Mr. XXXX's claims that we left the property at PROPERTY ADDRESS HERE in an unsuitable condition. Indeed, we left the property 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.

 

When I moved into the property in the summer of 2007, the house was owned by a Mr. AAA AAAA. Mr. XXXX purchased the property on 1st October 2008, and we then paid our rent to him. As I recall, Mr. XXXX only viewed the property once. This was in September 2008, just before he purchased the house.

 

After the house had been sold, Mr. XXXX did not return to the property. No inventory was carried out for the property by Mr. XXXX, and as such he has no basis for his unsubstantiated claims that the property was not in the same condition at the end of the tenancy as it was at the beginning.

 

When Mr. XXXX took over the premises, I believe he should have served the following on us, as Tenants:

 

a. Old Landlord's Letter of Authority (to pay rent to the new Landlord)

b. Notice under s.3 of LTA 1985 (containing the new Landlord's address); and

c. Notice under s.48 of LTA 1987 (to pay rent to new Landlord).

 

We received none of the above and furthermore, when the term of the existing AST between us and Mr AAAA expired on 31st March, despite two telephone calls to Mr. XXXX and his promise to forward a new AST to us, we received no such new contract.

 

In fact, no written Tenancy Agreement ever existed between ourselves and Mr. XXXX. We assume that our tenancy was periodic from 31st March 2009 to 30th June 2009, when we left the property.

 

Mr. XXXX took no interest in the property or in its tenants from the time that he purchased the property, other than to collect the rent which was paid directly into his bank account. We feel that Mr. XXXX's claim is unreasonable and is an attempt to retain our deposits for no good reason. I hope this matter can be swiftly concluded, and that a just decision is reached.

 

Yours Sincerely,

MY NAME

 

 

I hope you will find my amendments helpful. You need to come across as being sensible, well behave tenants who believe that they are being treated unfairly. It is probably better not to use emotive language but be cool and to the point. Best of luck!!;)


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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@Kentish Lass

 

Wonderful! That reads great and you're absolutely right about the emotive language. Thanks so much for doing that! :)

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Hello again,

 

I'm sorry to revive this thread, but I did have one further query. The deadline for appeals in my case was 29th December. Having disputed our Landlord's claim, I assume that a final decision is reached by a ... panel of some kind. How long does this decision usually take, or does it vary between individual cases?

 

Many thanks again! :)

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Why don't you give the relevant scheme a call and ask them the status of your claim?


Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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