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Landlord refusing to return rent


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Doesnt matter. Blackmail is a CRIMINAL offence!

 

Doing what you have suggested to a police officer is verging on absolute stupidity.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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My 2 pence worth is that i know the party involved, and while he has tried to keep it all polite, she just continues to ignore everything he says, and has now actually said if he writes to her again regarding the due rent rebate that she will have him arrested for harrasment.

 

I adviced he post here because i have used these forums before.

 

It is complicated in it's entirity. But the LL has broken alot of boundries in my eyes... It isn't even a lot of money, £588... But to be given 40 minutes notice and then accused like he had been it unacceptable and an abuse of power.

Abbey S.A.R. Letter sent 20/09/06

Abbey L.B.A. Letter sent 30/11/06

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It is the only way to enforce, yes.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The Law – ‘Full and final settlement’ - Voltimum UK - Electrical Installation Products and Contracting

 

A little more on the full and final settlement issue here.

 

What I would do is no cash the cheque at the moment, but write a letter before action (LBA) clearly stating that while you intend to cash the deposit cheque, £350 rent is still outstanding. Print off an N1 county court claim form, fill it in and include it with the LBA to show you mean business. Make it clear that you have recieved £XX back for the deposit only. Send this recorded/signed for delivery.

 

I would then cash the cheque you already have.

 

Give them 14 days to repond. If after 14 days you dont here anything, submit the claim to the court.

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When it comes to the deposit she can agrue that all day long, if i cash the deposit cheque and then procedd with the small claims court for the outstanding rent, do you not think that this i the best way in moving forward?

 

Send the LBA and the N1 Court form first by recorded delivery so that its clear that the deposit cheque is not in full and final settlement. Then cash the cheque.

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Ok, so let me get this write.... In the correct order...

 

Write an LBA stating cheque will be cashed, but you do not agree to full and final settlement.

 

Print and fill in from N1 and include in letter with LBA

 

Is postage by recorded enough or would you send special delivery...???

 

Wait 14 days for reply then issue....

 

Also...

 

Would it be a good idea to photocopy or scan the cheque both sides for inclusion in the Small Claims Paperwork as to the deviousness of the LL...??? He already has the emails. And i have advised against any more contact with her apart from legal stuff.... But want to get it clear 1st...

 

Cheers for your help guys...

Abbey S.A.R. Letter sent 20/09/06

Abbey L.B.A. Letter sent 30/11/06

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Ok, so let me get this write.... In the correct order...

 

Write an LBA stating cheque will be cashed, but you do not agree to full and final settlement.

 

Print and fill in from N1 and include in letter with LBA

 

Is postage by recorded enough or would you send special delivery...???

 

Wait 14 days for reply then issue....

 

Also...

 

Would it be a good idea to photocopy or scan the cheque both sides for inclusion in the Small Claims Paperwork as to the deviousness of the LL...??? He already has the emails. And i have advised against any more contact with her apart from legal stuff.... But want to get it clear 1st...

 

Cheers for your help guys...

 

Yes photocopy both sides of the cheque!

 

Recorded should be fine.

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My 2 pence worth is that i know the party involved, and while he has tried to keep it all polite, she just continues to ignore everything he says, and has now actually said if he writes to her again regarding the due rent rebate that she will have him arrested for harrasment.

 

I adviced he post here because i have used these forums before.

 

It is complicated in it's entirity. But the LL has broken alot of boundries in my eyes... It isn't even a lot of money, £588... But to be given 40 minutes notice and then accused like he had been it unacceptable and an abuse of power.

 

EXACTLY!!! and just the reason why the Chief Constable needs to be informed. Never mind about telling her. She is not fit to be a police officer. She should be sack and lose her pension. If nothing is done about this, she will continue in the same way. HE WHO DOES NOTHING ABOUT THINGS LIKE THIS IS AS BAD AS THE PERPETATOR.

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Fine inform the constable, but do not say "i will inform him unless...." - that is the difference between doing something appropriate and blackmail.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Fine inform the constable, but do not say " i will inform him unless...." - that is the difference between doing something appropriate and blackmail.

 

I accept that, but fairness suggest that you should inform her first. The problem with that is that she may the twist it against you.

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