thelioncub
18-08-2006, 14:59 PM
Hello people.
Been having a read of the forum recently due to a situation I am in with my ex-LL.
Everyone here has given some great advice so I thought it a good place to ask some questions.
Here's the situation: -
Rented with a private landlord, via Townends estate agent. (3 of us shared property)
Have an AST.
Lived there 3 years.
LL holds £1384 deposit.
LL (who now lives in Spain) came over to property and said that if we'd like to stay on he is doing the house up (hasn't been decorated since 70's) but he would then be putting the rent up from £1000 to £1500. He also admitted at this point he had been losing money on the house.
We said no thanks, we were planning to move anyway.
We wrote to the LL to give our 2 months notice - this took us to 1st May 06.
He then offered for Mr X to stay on and just pay his months share of rent until his new place was ready (which was 1st July). LL said he'd rather have a bit of money than no money at all. As he was getting builders in the house would be empty otherwise till the work could start.
Mr X agreed, and stayed till 1st July.
Me and other person move out end of April.
Other person gets her £461 deposit back. LL says my cheque will be in post.
Don't get anything. Ring spain many times - can never get thru, or get fobbed off.
I gave my bed to Mr X cos his was too big for where he was moving + Mr X uses my old room to live in cos its nicer + so that he can sell his bed.
LL turns up at the house mid-May, sees the bed + some washing that Mr X (my best friend) had done for me cos i forgot it in machine when i moved. He then accuses me of still living there.
I tell LL to come to my new place + see for himself that i've moved, will discuss deposit face to face. He says Ok. Doesn't show or reply to further calls. This goes on for all of May and June.
Mr X witholds his last month payment (£340) as we cannot get in touch with LL and he is now worried about deposit also. I think he may have even told LL that seeing as he was coming to UK in a few days he can give him the cash.
By now it's July, and house is empty.
Having no luck with LL, I then speak to LA. They can't get hold of him either, tell me to ring back.
I keep ringing them, eventually they say "the LL says the house isn't cleaned, the garden needs cutting. Blah blah"
Could this be why he is keeping deposit?
LA also say they can't do anything cos our contract is over.
We call Spain again and manage to get LL to agree that if we go and clean the house again, and cut the garden, he'd send cheque.
We do the work, then send a letter (to LA as we dont have his address), saying basically "We expect the cheque forthwith, if we don't hear back by this date (just over 2 weeks), we shall seek legal redress" We also send keys at this point.
Mr X then gets an email from LL saying "how much do you think i owe you, seeing as you owe me £340 and (I) owes 2 weeks which she agreed to"
I reply to this email saying "I did not agree to anything. I moved out at end of April like I said. Had you met up with me like you agreed you could have seen this. I'm not paying you rent because I gave my bed away. etc etc"
I get ridiculous emails back from him, until I eventually just state that if we dont get full cheque we will go to small claims.
His last reply to me was "fine.. by the way I will be counter claiming for breach of contract". He also sent an email to Mr X saying "i'm sending a cheque for £121 cos I don't have a problem with you"
Sooooooo...
Filling in court papers Monday (that is last day of 2 week notice). I have gathered all my evidence - final bills for end of April in my name sent to my new address. Bank letter to say i changed address. Bank statement showing all payments going to LL on time. Contents insurance in my name which starts 27th April (day i moved) for new address. About 6 witness statements from various people saying the house was in better condition when we left then when we moved in (we re-painted whole house, took up carpet and varnished floorboards - after letter from LL with permission to do so!) Statements also from people who helped me move + were living with me in new address.
What would he possibly be counter claiming with?
And what do you think our chances are?
Also, nothing in contract about deposit re: interest.. are we entitled to it for the 3 years, or do i just claim the 8% (county court rate) from May?
Its all very stressful because as usual, us tenants do feel intimidated by landlords who we assume know the business.
:(
Been having a read of the forum recently due to a situation I am in with my ex-LL.
Everyone here has given some great advice so I thought it a good place to ask some questions.
Here's the situation: -
Rented with a private landlord, via Townends estate agent. (3 of us shared property)
Have an AST.
Lived there 3 years.
LL holds £1384 deposit.
LL (who now lives in Spain) came over to property and said that if we'd like to stay on he is doing the house up (hasn't been decorated since 70's) but he would then be putting the rent up from £1000 to £1500. He also admitted at this point he had been losing money on the house.
We said no thanks, we were planning to move anyway.
We wrote to the LL to give our 2 months notice - this took us to 1st May 06.
He then offered for Mr X to stay on and just pay his months share of rent until his new place was ready (which was 1st July). LL said he'd rather have a bit of money than no money at all. As he was getting builders in the house would be empty otherwise till the work could start.
Mr X agreed, and stayed till 1st July.
Me and other person move out end of April.
Other person gets her £461 deposit back. LL says my cheque will be in post.
Don't get anything. Ring spain many times - can never get thru, or get fobbed off.
I gave my bed to Mr X cos his was too big for where he was moving + Mr X uses my old room to live in cos its nicer + so that he can sell his bed.
LL turns up at the house mid-May, sees the bed + some washing that Mr X (my best friend) had done for me cos i forgot it in machine when i moved. He then accuses me of still living there.
I tell LL to come to my new place + see for himself that i've moved, will discuss deposit face to face. He says Ok. Doesn't show or reply to further calls. This goes on for all of May and June.
Mr X witholds his last month payment (£340) as we cannot get in touch with LL and he is now worried about deposit also. I think he may have even told LL that seeing as he was coming to UK in a few days he can give him the cash.
By now it's July, and house is empty.
Having no luck with LL, I then speak to LA. They can't get hold of him either, tell me to ring back.
I keep ringing them, eventually they say "the LL says the house isn't cleaned, the garden needs cutting. Blah blah"
Could this be why he is keeping deposit?
LA also say they can't do anything cos our contract is over.
We call Spain again and manage to get LL to agree that if we go and clean the house again, and cut the garden, he'd send cheque.
We do the work, then send a letter (to LA as we dont have his address), saying basically "We expect the cheque forthwith, if we don't hear back by this date (just over 2 weeks), we shall seek legal redress" We also send keys at this point.
Mr X then gets an email from LL saying "how much do you think i owe you, seeing as you owe me £340 and (I) owes 2 weeks which she agreed to"
I reply to this email saying "I did not agree to anything. I moved out at end of April like I said. Had you met up with me like you agreed you could have seen this. I'm not paying you rent because I gave my bed away. etc etc"
I get ridiculous emails back from him, until I eventually just state that if we dont get full cheque we will go to small claims.
His last reply to me was "fine.. by the way I will be counter claiming for breach of contract". He also sent an email to Mr X saying "i'm sending a cheque for £121 cos I don't have a problem with you"
Sooooooo...
Filling in court papers Monday (that is last day of 2 week notice). I have gathered all my evidence - final bills for end of April in my name sent to my new address. Bank letter to say i changed address. Bank statement showing all payments going to LL on time. Contents insurance in my name which starts 27th April (day i moved) for new address. About 6 witness statements from various people saying the house was in better condition when we left then when we moved in (we re-painted whole house, took up carpet and varnished floorboards - after letter from LL with permission to do so!) Statements also from people who helped me move + were living with me in new address.
What would he possibly be counter claiming with?
And what do you think our chances are?
Also, nothing in contract about deposit re: interest.. are we entitled to it for the 3 years, or do i just claim the 8% (county court rate) from May?
Its all very stressful because as usual, us tenants do feel intimidated by landlords who we assume know the business.
:(