Absolute Madness Advice needed

[confusedaboutlaw]

hi,

 

i moved into a property in sep for 6months..

 

during the whole tenancy the water was not working properly and everytime it rained the roof leaked through the lights and kept blowing the bulbs..

 

the landlord kept giving excuse after excuse after excuse.. didnt fix a thing..

 

eventually i sent him a letter saying that if he didnt sort it out i would leave as i did not feel safe in the property..

 

i asked for the following things which he ignored / talked his way out of (politician style)

 

1. inventory - didnt do

 

2. deposit scheme (every time he was in a different one but provided no evidence despite constantly asking)

 

3. gas safety certificate - seems to think it is not a legal requirement..

 

4. electrical safety certificate (as i was worried about the water in the lights situation).

 

5. water leaking. ignored.

 

6. the fact that the water supply was on and off / low pressure intermittently.

 

7. the shower never worked properly.

 

anyhow i gave up and left the property before the month of dec had finished but didnt get my stuff out until the beginning of jan.

 

once again deposit schemes etc were discussed and he made me sign a handwritten paper to suggest that he will pay back the deposit in 28 days minus any damaages and the days rent that he claims i stayed there because i was unable to arrange collection of my stuff earlier as i moved quite a way away.

 

now he sent me this letter which is as daft as the contract..

 

my address is at the top of the letter by the way yet he asks for one!!

 

HERE IT IS

 

As the tenant you are require by the law to provide the landlord with a correspondence address, where you can officially be contacted. I have the above address in my file, if you could please confirm if this is your correct correspondence address and if you could complete the rest of the missing information.

Deposits

The deposit is placed under the landlords control in compliance with the ‘Insurance based tenancy deposit scheme’. You’re entitled to receive your deposit back as long as no disputes have been brought forth by the landlord. However under the scheme the tenant loses all rights to the deposit scheme should one or both of the following is correct:

(i) Fails to pay rent on time

(ii) Breaks the contract without prior notice/period

Your deposit is not considered as an extra rent, however it is withheld due the reasons specified in my previous mail and this letter (note below)

Damages

You are charges for the following damages to the property. However you have not been charged for any basic wear and tear.

(i) Kitchen Tiles and wall damaged (1 tile which cost 118 to replace!!)

(ii) Broken Lock - front door (it was always broken)

(iii) Cleaning of the apartment including removal of left goods in the property. i.e. computer hardware parts etc. (120 for a 1 bed studio which i cleaned before i left)

(iv) Unpaid rent for 12 days in January ( Excludes rest for 13-31 Jan & Feb’08) (i left in december after sending a letter i just collected my things on the 12th)

Work Estimations:

Given the nature of the work, which is considerably small, I have deployed the local contractor for this (this guy owns 20 proerty's and restaurants). The receipts are available should you provide your address details I can post it on to you.

Outstanding Rent

In accordance with the terms and conditions of your contract the minimum stay is 6 (six) months, thereafter you can give 1 (one) calendar months notice to terminate your contract (he ignored my requests to fix the property i didnt want to leave!!). However you failed to comply with this as you have left the apartment without any I only noticed that you left when I tried to contact you for the collection of rent. In accordance with the terms and condition of the contract you need to settle 2 months rent (only if he fails to get new tenants or should i pay?) and also pay Council Tax (i am exempt from council tax as i am a student - also he told me the previous tenant had paid up front so the first 5 months were covered!!) for the period you have lived at the apartment (direct to the Tower Hamlets council) You also need to contact and change the address for the following bills which is still coming to this address (he has my address and has opened my mail which i think is against the law), the bailiffs have visited the property several times and I’m having to explain the situation again and again (why not give them my address, phone number or email as he has them all and has been corresponding with thme!!). I have spent considerable time and resources on this issue. You seem to have 4 different BT land lines at the same address all in your name? (4 different landlines that is insane!!!)

1. Unpaid BT Bill for the amount of 349.72 on ref: GB 0********0

2. P & J Debt Collection Services for the amount of 85.76 on Ref: 13********

3. Unpaid BT Bill for £135.07 – LN *************

4. Unpaid BT BILL LN ************

(the actual codes are there as he has been opening my mail!! dunno about the LN ones though!)

Since the bailiffs are visiting the property on a regular basis, I have report the matter to the police as a possible fraudulent activity. (this has nothing to do with the police or fraud?? i am not trying to fraud BT i am in dispute about their installation charges already!!)

Given the nature of this case, I have now delegated this matter to ************ Solicitors to oversee the recovery of the unpaid debt.

At this point may I also remind you that I would be seeking compensation for the time I have spend in dealing with this matter i.e. administration, materials, resources, solicitor fees.

in the contract he also states that the deposit can be used to pay 3rd party bills!!

also there is only one bill as i only had one phone.. he is completly insane and consistently lies and makes things up.. like i say the only reason he seems to think he is in the insurance based scheme is because after he tried to talk his way out of it by saying it was in a custodial scheme (i dropped hints because he was struggling) i gave him a leaflet then now he is in an insurance scheme.

QUOTE

deposit will be returned to the tenant as soon as practiable after the termination of the tenancy less any money due to the Landlord or third party (i.e. unpaid bill payments) from the tenant.

this is a ASL tenancy

am i entitled to the deposit scheme.

did i have the right to leave giving i didnt feel safe.

is the contract ended with the document which says he will pay back the deposit?

where do i stand as it is a lot of money

i dont know how to persue this as he always sends letters with stuff he makes up... i need clarity on the alwa nd where i stand!!

many thanks in advance!!

[confusedaboutlaw]

??

[Joa]

Deposit; standard deposit action as described in a http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117572-unfair-deposit-deductions.html#post1188882

combined with TDS action as described in http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/117280-tenancy-deposit-scheme.html#post1184266

The success of your case will depend on a quality of evidence that you have or the landlord doesn't have.

If you are a student, your Student Union should have an advice centre. Give it a go; some SU advice centres are really good.

Move fast, so you can be first to start the court action. Read up other posts here on TDS. Be prepared; it will all entail some paperwork, but step by step you'll get there.