Letting Agent refusing £100/month towards arrears

[transient]

transient, please do not comment on current DPS penalties until you have studied the current Regs brought in by the Localism Act on 6 Apr 12. As you say, you are a bit out of date.

I do think I indicated that quite clearly on two occasions that I was commenting on the old situation and not the new and that I am quite clearly not up to date, I dont see any need for me to refrain posting due to this

[transient]

transient, please do not comment on current DPS penalties until you have studied the current Regs brought in by the Localism Act on 6 Apr 12. As you say, you are a bit out of date.

Having nmade myself aware of the Localism Act I find it surprising you couldn't have clarified matters in a couple of sentences for the OP and myself rather than just post what you did.

 

@ OP, They have 30 days now to register it after you have made them aware and the penalty is no longer 3x the amount but between 1 and 3 x the amount is the crux of it.

 

When they next contact you I would formally ask them if the deposit is registered and notate the time. Do this via email or recorded letter. Also do not pay the full and final settlement until such time you have had a breakdown etc etc

[kirky]

Thank you for your valued advice, all noted

[mariner51]

Having nmade myself aware of the Localism Act I find it surprising you couldn't have clarified matters in a couple of sentences for the OP and myself rather than just post what you did.

 

@ OP, They have 30 days now to register it after you have made them aware and the penalty is no longer 3x the amount but between 1 and 3 x the amount is the crux of it.

 

Transient - I was not suggesting you refrain from posting, only that you check your facts before so doing.

AFAIK no binding rulings have been made on current requirements, only that previous precedents may no longer apply.

 

As for your assertion that 'They have 30 days now to register it after you have made them aware' is incorrect. My understanding is as of 6/4/12 has 30 days to protect from date of deposit receipt or for existing T deposits. It has yet to be decided if this applies to deposits held for current pre- Apr 2007 T deposits. Also it would appear the LL may avoid the variable scale penalty if he refunds the deposit in full. So a 2 sentence explanation - I think not

[transient]

Transient - I was not suggesting you refrain from posting, only that you check your facts before so doing.

AFAIK no binding rulings have been made on current requirements, only that previous precedents may no longer apply.

 

As for your assertion that 'They have 30 days now to register it after you have made them aware' is incorrect. My understanding is as of 6/4/12 has 30 days to protect from date of deposit receipt or for existing T deposits. It has yet to be decided if this applies to deposits held for current pre- Apr 2007 T deposits. Also it would appear the LL may avoid the variable scale penalty if he refunds the deposit in full. So a 2 sentence explanation - I think not

Many thanks

[kirky]

just to update...

...since I stopped engaging with him (thanks for that advice transient) I have had no further contact to date. I realise it may just be sleeping whilst he mulls over his next move, but it's been several months now so I'm hoping the letter to the owner of the property has raised awareness of this guys tactics and they've decided to give up chasing me for made up sums.

Will let you know if things escalate once again.

Thank you to everyone who advised

[transient]

Sounds far better than it was. As said before if they do come back then post here before responding

[kirky]

I'm back, but so is he. I wrote to the Landlord himself about a year ago and never heard a word until yesterday when an email drops into my inbox. Nothing was sent to my daughter, although he claimed to have known where she lived.

It goes like this:

 

I regret that I am only able to return to this matter a year later – I have had some serious health issues and had hoped that we might see some voluntary payments from either you or xxxx in the interim (xxxxx had indicated that she would pay £100 PCM). Sadly no payments have been made but happily I am now back to full strength and so it is time to bring this matter to a speedy conclusion.

 

As I recall, you wanted copies of the final invoices for removal of the rubbish from the property and the lock changes – these are both attached for your information. So far as the rent arrears are concerned, I don’t believe that you doubted the accuracy of the calculation but if you want a copy of the rent statement then I shall have to post it to you as I cannot email it from our system – please confirm your address if you want one posting to you (you might want to confirm xxxx and xxxx addresses at the same time to “spread the load” if this goes to Court).

 

There was a £350 deposit paid at the beginning of the tenancy and that has been forfeited and used in connection with cleaning and decorating costs – I trust that the need for that is not in dispute.

 

So we come to the claim:

 

£440 for rubbish removal

£60 to change the locks

£1,094 rent arrears.

 

£1,594 in total

 

If you are able to pay a lump sum within the next 14 days then I am authorised to agree to accept a lower figure of £1,350 in full and final settlement. If not, I await your proposals for payment within the next 14 days – if I have not heard from you by then it is my intention to apply for a money claim on-line against all three of you but jointly and severally in accordance with the original contract, such application will be made without further notice being given.

 

He sent a scanned copy of invoices for lock change and clearing the house.

 

What do I do now? I thought with the lack of contact that he had been told by the landlord to back off, but it appears he was only incapacitated for a while.

Edited July 25, 2013 by kirky
hide identity

[transient]

I vaguely recall this thread will have a reread later after work but in the interim another member might be along. Don't fret though.

[kirky]

thank you, much appreciated. It all seemed to go quiet after I asked for evidence of the amount he was asking for- so assumed he was backing off. My daughter doesn't believe that he got the rent arrears right either, but she is going through health issues at the moment (the big C) and I really want this big bully to go away.

[kirky]

anyone got any advice?

[kirky]

Sounds far better than it was. As said before if they do come back then post here before responding

 

Please see thread - need some urgent advice

[Lea_HTH]

Firstly, forget the 'advice' you were given regarding possible non-protection of the deposit as a 'get out clause'. You stated your daughter's tenancy ended (or she left) at the New Year - 2012, this was before the Localism Act had an effect on the deposit rules. Prior to that, the end of the tenancy meant the deposit no longer needed to be protected.

 

If you are a guarantor on the tenancy agreement (one presumes you did in fact sign and agree to be guarantor), then you are jointly and severally liable for the debt. Having read the thread, I think your anger is misplaced and should be directed at your daughter and her husband for landing you in this mess. The agent/LL are simply trying to recover their losses and are entitled to do so.

 

If you have a genuine dispute - i.e. you don't think the rent is owed, you don't think the damage was caused etc, then put that in writing and provide proof. I am afraid the agent/LL is actually accurate in the statement that the court will look at the 'offer' made and the fact that no payments were actually made, and take that into consideration in making his/her judgment. The bottom line here is that you own property, so I'd suggest you try to resolve this without court if at all possible, because non-payment after judgment will almost certainly lead to enforcement action which could ultimately end in a charge on your property.

 

You've left this for well over a year now - in that time the £100 a month offered would have cleared the debt, so the lack of payment shows a lack of interest in resolving the issue. I expect you, your daughter and her ex thought it had all slipped away into the ether. Time to get your heads out of the sand.

 

If this seems harsh, it's meant to be a firm reality check. Your ability to prove that it was not your daughter that caused the damage has dissipated with time, so unless she has photos of how pristine she left the property, the agent/LL's evidence is not going to be able to be refuted effectively if this goes to court.

 

You've been working over a year now - perhaps you can find the amount they are offering to accept in F&F and pay that.

 

Oh, and the agent/LL clearly hasn't been a 'bully' as he's left it this long due to his own health problems and now he's fit again he is simply trying to reclaim what is his. Wouldn't you do the same?

[kirky]

you clearly don't know all the story - yes he was a bully - the first I knew about it all was a threatening letter telling me I would be a soft touch because I'm old, vulnerable and a house owner.

I realise that I signed the guarantee, I know I will have to pay if they don't.

I can't understand why he has come back to me, but not approached them to prove the costs - that was what I was waiting for - would you pay a bill that was just plucked out of the air? No, I didn't think so. It's gone down considerably since I questioned the total. So at least now it is reasonable, but until I received this email I had no idea what the full and final invoice was.

I was just asking for help in responding - as was the advice on this thread.

[kirky]

oh...and I don't own a property - he just made that assumption

[Lea_HTH]

you clearly don't know all the story - yes he was a bully - the first I knew about it all was a threatening letter telling me I would be a soft touch because I'm old, vulnerable and a house owner.

I realise that I signed the guarantee, I know I will have to pay if they don't.

I can't understand why he has come back to me, but not approached them to prove the costs - that was what I was waiting for - would you pay a bill that was just plucked out of the air? No, I didn't think so. It's gone down considerably since I questioned the total. So at least now it is reasonable, but until I received this email I had no idea what the full and final invoice was.

I was just asking for help in responding - as was the advice on this thread.

 

My response was based on your posts, so if the whole story isn't here, then how do you expect accurate advice. Still seems to me that the agent/LL is simply trying to get the money he is owed for rent and damage to the property.

 

In your first sentence you say 'old, vulnerable and a house owner', then you state in your next post that he 'assumed you owned a house'. Nowhere in your previous posts did you mention that you did not own a house, even in the first post where you mention what the agent said in his email to you. Guarantors either provide deposits or own property, otherwise their use is negligible.

 

If there is a guarantor it is usual for the claimant to go after that person as that is the person who they will have checked out can afford to pay in the event that things go wrong. There is clearly no point in chasing either your daughter or her ex.

 

You got advice, from me. The fact you didn't like it because it wasn't namby pambying you is immaterial. I won't waste my time further.

 

Pay your debts.

[farmlama]

I'm back, but so is he. I wrote to the Landlord himself about a year ago and never heard a word until yesterday when an email drops into my inbox. Nothing was sent to my daughter, although he claimed to have known where she lived.

It goes like this:

 

I regret that I am only able to return to this matter a year later – I have had some serious health issues and had hoped that we might see some voluntary payments from either you or xxxx in the interim (xxxxx had indicated that she would pay £100 PCM). Sadly no payments have been made but happily I am now back to full strength and so it is time to bring this matter to a speedy conclusion.

 

As I recall, you wanted copies of the final invoices for removal of the rubbish from the property and the lock changes – these are both attached for your information. So far as the rent arrears are concerned, I don’t believe that you doubted the accuracy of the calculation but if you want a copy of the rent statement then I shall have to post it to you as I cannot email it from our system – please confirm your address if you want one posting to you (you might want to confirm xxxx and xxxx addresses at the same time to “spread the load” if this goes to Court).

 

There was a £350 deposit paid at the beginning of the tenancy and that has been forfeited and used in connection with cleaning and decorating costs – I trust that the need for that is not in dispute.

 

So we come to the claim:

 

£440 for rubbish removal

£60 to change the locks

£1,094 rent arrears.

 

£1,594 in total

 

If you are able to pay a lump sum within the next 14 days then I am authorised to agree to accept a lower figure of £1,350 in full and final settlement. If not, I await your proposals for payment within the next 14 days – if I have not heard from you by then it is my intention to apply for a money claim on-line against all three of you but jointly and severally in accordance with the original contract, such application will be made without further notice being given.

 

He sent a scanned copy of invoices for lock change and clearing the house.

 

What do I do now? I thought with the lack of contact that he had been told by the landlord to back off, but it appears he was only incapacitated for a while.

 

so im no expert, but my advice may be helpful.

 

there has been no mention of a check in or check out inventory, this would mean that his use of the £450/£350 deposit for decorating can be disputed, he cant claim for making repairs etc to the property if there is no evidence that it needed doing or was caused by your daughter, also general wear and tear should be taken into account so even if there was an inventory then this could be written off. he would also need to provide invoices for this work, not just say oh I used that money for this I hope you accept this.

 

I would say the same goes for the rubbish removal, if there is no check in/out inventory who is to say the items removed weren't present at the time they moved into the property.

 

I would write back to the landlord requesting full detailed copies of check in and out reports and if he cannot provide thes I would dispute the 2 points I have pointed out, also requesting invoices for whatever it was he used the deposit for.

 

if these cannot be provided I would then reply back offering the cost of the rent arrears minus the deposit. if you have the funds available write a cheque for this amount included in the letter and write full and final settlement on it aswell as on the letter. tell him that you are offering him that payment as full settlement and he can either accept it and the matter will be closed or he has 14 days (or whatever time reasonable) to return the cheque to you and then take things from there.

[mariner51]

farmlama, LL does not have to provide T or anyone with invoices ore even undertake the work, as he is only claiming estimated compensation for damage.

 

What he does have to do is convince Judge or ADR Adjudicator that his claim is reasonable, normally based on move in/out condition reports, that damage is attributable to T and suitable allowance has been made for fair wear & tear during tenancy period.

Adj will consider usual costs for removal of rubbish/cost of skip, renovations etc.to return property to start of T condition and reasonableness of claim

 

OPs anger should be directed at daughter for arrears and not leaving property in an acceptable condition. He could consider paying full amount and deducting from any inheritance/cash request or not act as dau's Guarantor in future.

[kirky]

thank you both for your responses. I have written back to him to arrange payment - I don't have a cheque book, so need to either go into his office with my card, or get his bank details for a transfer.

As for Lea_HTH - there is no need to be so rude and aggressive, I was simply doing as asked and posted for some advice before replying. I thought this was what the site was all about.

I have previously donated to the site following some very good support and would do again despite this barrage.

Again, thank you to all of you who have offered sensible and supportive advice.

[kirky]

I assure you I am angry with them both and they know it - I will never guarantor her again, nor anyone for that matter. Unfortunately, my daughter is under treatment for cancer, so in the bigger picture, this is the least of our worries.

[transient]

What came of this?

[mariner51]

Dunno, I assume OP discharged their G liability for dau and does not wish to amend their successs file signa ture?

 

For other OPs wishing to disparage contributor advice, I suggest they review the contributor's profile/posts before comment.

This is an open public forum where anyone can comment. Existing contributors may have relevant experience, akin to free legal advice after disc

losure of full facts

[kirky]

Hi both - I paid the amount being requested by card over the phone. As I said, my daughter ended up in hospital having treatment for cancer (fingers crossed it's been successful), so I figured a grand and a half was nothing compared to her life.