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mickey
03-08-2006, 12:56 PM
As some of you may know i am in the middle of going to court with my ex LL for non refund of deposit, letting agent dissapeared with monies etc.
I have now seen Ll's defence and he claims because agent held the deposit and he never saw it etc, he is not liable full stop. It say in agreement that it will be held by agent .We took the whole thing to court because of the advice we were given, that it doesnt matter who held it he (LL) is still responsible. I am now getting worried can anyone offer advice plz or knows for sure, as I am sure LL isnt just going off his own back and must of sought advice from somewhere, or could he just be hoping for a sympathetic judge????? he also has a long list of damage etc, :confused:

pippay
03-08-2006, 13:18 PM
The way your post reads the LL is attemtping 2 areas of defence ..

1. The contract is between you and the LL - not the agent. He only keeps it on behalf of the LL. Therefore it IS the LL that owes you. He will then need to claim it back from the agent (or suffer the loss). So his first defence isn't a defence. He may think it is but in reality it's just an excuse.

2. That there is a long list of damages . When did you first hear about these? The judge won't take too kindly to repairs the LL has only just thought about in response to a court action. The important thing is whether an inventory was carried out when you first rented the property - without it he's in the proverbial. Secondly, even with an inventory, he would need to show estimates/receipts and that these were reasonable, allowing for wear & tear etc.

I think the LL is doing a knee jerk reaction to your court action and "thinks" he knows what he's doing ..

mickey
03-08-2006, 14:50 PM
thanks for the reply Pippay,
firstly the LL verbally told us of some damage 11 days after we left the property, we the very next day asked for details recorded delivery, and then once again, without him replying, his defence to this is that he did not want to add further finacial problems seeing as we were not going to get a deposit back,
we have an inventory but its a amended photocopy not signed, the agent would of had a copy of the amended one too, but of course he is long gone.
he claims he has had to replace a carpet which in our inventory states is only of fair condition and badly stained and marked in areas.
plus a whole load of other rubbish.

mickey
03-08-2006, 14:51 PM
oh and its 2 months since we moved out

pippay
03-08-2006, 15:54 PM
Then go for it .. I personally think the LL is trying it on cos he's lost the deposit with the agent having done a runner and he doesn't want to "lose out " twice.

I'm assuming you've kept the recorded delivery slips and all the correspondence .. I really feel that you have a very strong case and the LL has not taken any legal advice whatsover. If he had, he would have, at the very least, had better defences but these are very poor :)

mickey
03-08-2006, 19:22 PM
Does my inventory stand though? even thought its ameneded by ourselves in pen and then photocopied???

pippay
03-08-2006, 19:54 PM
When was it amended - at the time of check in or afterwards? Did the original Agent have an identical copy or original?


Does my inventory stand though? even thought its ameneded by ourselves in pen and then photocopied???

mickey
03-08-2006, 20:54 PM
Amended at check in and the agent would of had the amended one

cris/c
03-08-2006, 20:56 PM
Mickey,

I go along with what Pippay has advised.

Go to court and don't worry about whether the judge is going to be sympathetic or not. The LL can say what he likes but the agent acts on behalf of the LL and whatever the agent may or may not do, the buck stops firmly with the LL. His first line of defence is no defence at all.

Let the court decide. LL's who don't return deposits and who don't offer adequate documentation to support damages are not looked on with any great sympathy.

The thing with the inventory is confusing but in my oppinion you were checked out by the second agent and while the LL can claim that this was without his consent, that is not your problem but his.

Concentrate on your side of the court case and counter his defence if you can.

Good luck, you could be lucky and the judge could decide that the defence has no chance of success and strike it out.

pippay
03-08-2006, 21:05 PM
Then IMHO you have nothing to worry about!

Just get yourself organised for producing all YOUR evidence.. collate everything and have everything cross referenced so that you can refer to at easily on the day;

Cross reference all your evidence against the LL

Do a front page index so you can easily find everything at a flick of a page.

Do a spare copy of your evidence for the judge, should he need it.

I'm sure you'll do just fine :D


Amended at check in and the agent would of had the amended one