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homelessstill
15-02-2010, 19:34 PM
Had a 12 months AST started in February 09.
Deposit Paid of £1053.66 - Not protected by any of the 3 DPS schemes they have confirmed
Flat inspection on 27th Oct 09. The night before me and my partner had a big arguement and she trashed the place with my stuff in it and also taking some of my her stuff, TV and the likes.
I am round my folks on inspection day and text LL to say I am not going to be in and to postpone.
Come back home two days later and the locks are changed. Due to the mess as my partner left it in she says I abandoned the property when I didn't. Now have nowhere to live and have had to go back to folks.
I owed one month rent at this point too due to change of jobs and was awaiting a pay off from old position.

Since left I asked for LL to dispose of items left behind that they said they still had and to leave with concierge for collection, personal items and also my mail. They agreed, been 3 times now and they are not there. They say it is 3 months since I left the property and therefore lost rights to them and been disposed of, although we only agreed 4 weeks ago to leave them for collection as I no longer live in London no more.

She is still stating I abandoned property in her email correspondance which I have not admitted too. She has kept my deposit too.

She has listed different items that need replacing according to her. There was a inventory on entering but no exit one as she changed the locks. She sent me a bill for 2k with all items costing exactly rounded up to the £. She has even charged for things I know have not been replaced like the communal letterbox she said I broke, I saw it last week and it was still the same although she is trying to charge me £20 for it stating it has been repaired in the email?

I said she has illegally evicted me and has not protected my deposit and she has now asked me if we can draw a line under it as long as I admit to abandoning the property.

I think that covers it all, I am a avid reader of these forums and well versed I think in the law but wanted responses based on my circs from others to be sure of whats what

Thanks for your help

Snorkerz
15-02-2010, 19:40 PM
I am no expert - but I think your first call should be to a council housing officer tomorrow morning. They should be able to get you back into the flat (living, not visiting) by the end of the day - possibly including an emergency court hearing.

Once you have somewhere to live, then is the time to look at your other issues.

Good luck.

mind the gap
15-02-2010, 20:24 PM
I think she has probably illegally evicted you and I would:

(i) ring her and say that unless she allows you back in the property immediately you will have no option but to go to the police, who can require her to let you back in

(ii) then do it, if she does not comply with your request. Take a copy of your tenancy agreement. Are you sure she has not obtained a court order for possession since you moved out?

Do not agree to any of her demands - she is in the wrong. Tell her that unless she returns your deposit in full at once, you will sue her for not protecting it and she stands to be fined 3x the deposit.

homelessstill
15-02-2010, 21:18 PM
I think she has probably illegally evicted you and I would:

(i) ring her and say that unless she allows you back in the property immediately you will have no option but to go to the police, who can require her to let you back in

(ii) then do it, if she does not comply with your request. Take a copy of your tenancy agreement. Are you sure she has not obtained a court order for possession since you moved out?

Do not agree to any of her demands - she is in the wrong. Tell her that unless she returns your deposit in full at once, you will sue her for not protecting it and she stands to be fined 3x the deposit.Sorry folks, as with all of these sorts of situations pertinent information is always left out. I have not been able to gain access to the flat since Oct last year. I had to move into my folks outside of London and in the process give up my job as I could not travel so far into London each and every day to maintain it as I no longer had a local base to live. Also with this issue I had no funds there and then to secure further accomodation and went running back to the folks with my tail between my legs. It was only seeing other threads similar to these that I relaised that actually she was in the wrong and this is not supposed to happen.

My question now is she states that i owe 2k for damage and replacement and refurbishment which is not the case in my opinion. Also she has kept my deposit and it was not protected and I have confirmed this.

Just want to know if I can bring her to court for this? Throwing me out and leaving me stranded and also disposing of my good s and mail. Are there any risks? Anything I need to be aware of? All new to me

mind the gap
15-02-2010, 21:27 PM
Sorry folks, as with all of these sorts of situations pertinent information is always left out. I have not been able to gain access to the flat since Oct last year. I had to move into my folks outside of London and in the process give up my job as I could not travel so far into London each and every day to maintain it as I no longer had a local base to live. Also with this issue I had no funds there and then to secure further accomodation and went running back to the folks with my tail between my legs. It was only seeing other threads similar to these that I relaised that actually she was in the wrong and this is not supposed to happen.

My question now is she states that i owe 2k for damage and replacement and refurbishment which is not the case in my opinion. Also she has kept my deposit and it was not protected and I have confirmed this.

Just want to know if I can bring her to court for this? Throwing me out and leaving me stranded and also disposing of my good s and mail. Are there any risks? Anything I need to be aware of? All new to me

Yes, you can sue her for the return of your deposit and for its non-protection. See westminster's very clear advice about this here:http://www.landlordzone.co.uk/forums/showthread.php?t=26014&highlight=penalty

The police may also decide to prosecute her for illegal eviction, but you need to report her first.

My advice would be to write to her advising her of the above.

homelessstill
15-02-2010, 21:31 PM
Is there any template letters I can send? She explicitly asks that I email her at her work address for communication, will this suffice? What can I do about my losses of two paintings she disposed of and anything else. This has really fecked my life up. I am not saying it in a sense of revenge, I have a social circle in London, most of my job opportunities are in London and I love London. I am now 200 miles away where the last job for what i do was posted 6 weeks ago so there is no life left here for me.

mind the gap
15-02-2010, 21:36 PM
Is there any template letters I can send? She explicitly asks that I email her at her work address for communication, will this suffice? What can I do about my losses of two paintings she disposed of and anything else. This has really fecked my life up. I am not saying it in a sense of revenge, I have a social circle in London, most of my job opportunities are in London and I love London. I am now 200 miles away where the last job for what i do was posted 6 weeks ago so there is no life left here for me.


http://www.landlordzone.co.uk/forums/showthread.php?t=26098&page=2

See post 11, template courtesy of Snorkerz, I believe!

You should have been given an address at which you can serve notices but if you have not, then send it by email and do not delete it from your 'sent items'.

homelessstill
15-02-2010, 21:46 PM
Her registered address is on the tenancy agreement but all requests for a copy have not been met and she will not email me a copy over. She is asking me to drop the pursuant of this and she will drop any outstanding rent or damages claiim

homelessstill
15-02-2010, 21:47 PM
Sorry what do I also say about the illegal eviction and the bringing of case as well, do I include this?

mind the gap
15-02-2010, 21:50 PM
Her registered address is on the tenancy agreement but all requests for a copy have not been met and she will not email me a copy over. She is asking me to drop the pursuant of this and she will drop any outstanding rent or damages claiim
So what do you want?

To regain access to the property so you can live in it again (for a couple of months only)?
To try to get the 3x penalty out of her - is it worth it? (How much do you think you owe her?
To get her put in prison for illegal eviction?

:confused:Or what?

homelessstill
15-02-2010, 22:07 PM
So what do you want?

To regain access to the property so you can live in it again (for a couple of months only)?
To try to get the 3x penalty out of her - is it worth it? (How much do you think you owe her?
To get her put in prison for illegal eviction?

:confused:Or what?
just want to be in the same position as I was before this, in a position of living back in London.

appreciate your help!

If she was to pay back the deposit I would be in a position to start to move in somewhere as a house share in London and can move up in due course,

3x the deposit would cover a months rent and month deposit. In the interim I could tavel down to London for job interviews to secure further employment. I work in the IT field so although quiet out there I am very marketable just no longer have any capital to move back

mind the gap
15-02-2010, 22:13 PM
just want to be in the same position as I was before this, in a position of living back in London.

appreciate your help!

If she was to pay back the deposit I would be in a position to start to move in somewhere as a house share in London and can move up in due course,

3x the deposit would cover a months rent and month deposit. In the interim I could tavel down to London for job interviews to secure further employment. I work in the IT field so although quiet out there I am very marketable just no longer have any capital to move back
I suppose it will boil down to how much leverage the threat of a prosecution for illegal eviction carries - and whether that would override any reasonable claim she may otherwise have against you for damage, etc. To be honest, if it were not for the (probable) illegal eviction issue, it sounds as if it might be a case of 'six of one and half a dozen of the other' in terms of who owes what to whom.

I am not legally qualified, so perhaps it is best you wait until someone comes along who knows. I would also advise you to seek advice from a lawyer before you lodge any claims, as your situation is quite complex and the outcome may depend on a number of things.

homelessstill
15-02-2010, 22:40 PM
I suppose it will boil down to how much leverage the threat of a prosecution for illegal eviction carries - and whether that would override any reasonable claim she may otherwise have against you for damage, etc. To be honest, if it were not for the (probable) illegal eviction issue, it sounds as if it might be a case of 'six of one and half a dozen of the other' in terms of who owes what to whom.

I am not legally qualified, so perhaps it is best you wait until someone comes along who knows. I would also advise you to seek advice from a lawyer before you lodge any claims, as your situation is quite complex and the outcome may depend on a number of things.Thanks for your help mind the gap, very very much appreciated.

Just one further question, If I was to send the notice for return of deposit and I know she has not deposited it as I have confirmation from all 3 TDS's and I am now legally evicted she obviously can no longer protect it as there is no need. I am inclined to send her that formal request fro my deposit and then await her response and if not then go for the 3x if she does not give me back the deopist. Do you think that is reasonable and how long is the process?

bedlington83
16-02-2010, 08:07 AM
The police may also decide to prosecute her for illegal eviction
Very unlikely IMO. All they'll do is say (wrongly) that its a civil matter and nothing to do with them. The prosecuting authority for illegal eviction is the housing department of the local council and while the OP may have more success with them, I doubt they'll be particularly bothered either

Tinky
16-02-2010, 08:28 AM
I was in a similar position recently (had been illegally evicted by LL) we went to see the tenancy relations officer at the local council who was fantastic. They sorted out everything put us intouch with the council solicitor who had us in court within hours of it happening and we were back in that night.

mind the gap
16-02-2010, 08:31 AM
I was in a similar position recently (had been illegally evicted by LL) we went to see the tenancy relations officer at the local council who was fantastic. They sorted out everything put us intouch with the council solicitor who had us in court within hours of it happening and we were back in that night.
That's great - I'm glad it worked out for you. However (as I discovered recently when I wanted to contact one on behalf of my daughter), unfortunately, not all councils have a tenancy relations officer (or anything resembling one).

homelessstill
16-02-2010, 23:21 PM
Just to let you guys know, thanks for your help, I sent a emailtonight ( only contact address I have stating the following:



Tenant Address



LL address

Dear LL

Tenancy Address

I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 31 January 2009
On 31 January 2009 I paid you a deposit of £953,66 as security
against my obligations in the tenancy agreement. Since then:

1. I believe you have not met the initial requirements of an authorised tenancy deposit protection
scheme; and
2. I have not been able to obtain confi rmation from any scheme administrator that my deposit is being held in accordance with such a scheme; and
3. I have not received the prescribed information which you are required by law to send me within 14 days of receiving my deposit

In the circumstances, I am entitled to have my deposit refunded and you are requested to attend to this within 7 days of the date of this letter.

If I do not hear from you within 7 days, with satisfactory evidence that you have complied with the obligations
which the law imposes on you, I will begin legal proceedings to recover my deposit without further recourse to you. My claim will include a claim for any interest, costs and compensation to which I may be entitled.

Yours sincerely


Tenant

homelessstill
20-02-2010, 06:21 AM
Guys you've been really helpful thus far, can I ask one more question?

I no longer live in London now and about 100 miles away, I dont expect the LL to respond to the above request (was that ok?) can I lodge the claim at my local county court where I am at the folks at present or does it have to be lodged in London where the tenancy was?

havensRus
20-02-2010, 09:34 AM
You can lodge it at your local court or the court local to the property/LL.

The LL could and probably will contest the jurisdiction of the court to hear the case, unless the court you lodge the claim at is local to him/her. If it isn't, the LL can apply to have the case moved to their local court.

Its the right of the defendant to have the case heard in their local court - as far as I know. If I'm wrong, could those versed in the law please correct.

homelessstill
20-02-2010, 10:21 AM
You can lodge it at your local court or the court local to the property/LL.

The LL could and probably will contest the jurisdiction of the court to hear the case, unless the court you lodge the claim at is local to him/her. If it isn't, the LL can apply to have the case moved to their local court.

Its the right of the defendant to have the case heard in their local court - as far as I know. If I'm wrong, could those versed in the law please correct.thanks much appreciated