A Few Quick Questions

[sammypops]

Hey all, hope you are all good today It's Friday!!

 

 

Anyways, I have been arguing with my letting agent now for 24 hours which isnt healthy at all!! basically i have been going through all our tenancy details now we have left and have come across the letter we received from the DPS on 27th August 2009. We signed the tenancy from 31st July 09 and that was the date we handed the deposit over. Now the letter we have from the DPS states they received the deposit on 16th August and they have the tenancy start date as 01/08/09. Question 1 can I use this breach of the 14 day thing to my advantage? Also has anyone been successful claiming the full deposit back under this kind of breach?

 

 

If my letting agent refuses mediation/arbitration with DPS what do we do from then?

 

Also, finally sorry, when we moved in he didnt carry out an inventory and get us to sign it. Instead he sent me an email with the inventory as an attachment and stated clearly 'i am excluding the items left by the previous tenant such as the wardrobe, sky box etc' now these werent on the inventory and i have a copy of this and he's now saying we removed these unlawfully and therefore he has a right to claim for them is this right??

 

cheers guys enjoy your evening

[MrShed]

Hi sammy - why have you created a new thread with the same query taht is being discussed on your other thread?

[sammypops]

because it wont let me open my original it keeps saying thread removed i've been trying all day

[MrShed]

This one?

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/245888-little-help.html

[sammypops]

yup when i click it it says thread removed

[sammypops]

hey all - urgent advice needed

 

i spoke to my solicitor who advised to go to arbitration etc n i informed my letting agent that this was the action i was taking n he has now said he is calling the police in the morning to report me for theft of some items from the property. these items we were told were the previous tenants (who was not our landlords tenant due to flat being sold to our landlord prior to us moving in) and they also do not appear on the inventory. he also states he is taking civil action against us but does not state what

 

please help im starting to worry

[MrShed]

Let him.

 

The police not only wont get involved, but if I recall correctly you said you have in writing that he considered those items a non issue.

 

He is blowing hot air - he may do it, but just as a panicky knee jerk reaction.

 

Ignore and continue to dispute via arbitration - although if you DO get a visit off the police and/or civil case raised, you may want to not go to arbitration and instead go to court, adding false accusations, and frivolous law suits to get some punitive damages off the idiot as well.

[MrShed]

Lets be under no illusions - under the terms of the Theft Act, NO theft has occurred here. There is no civil or criminal case to answer. Do not worry.

[sammypops]

mr shed you are what my teenage brother would call a legend

 

i have been worrying all night and only calming myself by repeating the words he stated on his email

 

''i have excluded items left by the previous tenant such as wardrobe, curtain rails, sky box etc''

 

if he calls the police and they contact me do i have grounds for libel

[sammypops]

mr shed you are a legend thank you

 

i keep repeating his words to me in email (direct quote) ''i am excluding items left by the previous tenant such as wardrobe, curtain rails, sky box etc''

 

if the police do contact me over this do i have a case for slander?

[MrShed]

Yes and no.

 

Yes - in theory, slander has been committed.

 

In practice, dont go there - trust me.

[sammypops]

thank you :)

[MrShed]

Ignore his bluffing and continue down arbitration at this stage.

 

Let us know how you get on ,and any other developments.

[danielr]

Question 1 can I use this breach of the 14 day thing to my advantage? Also has anyone been successful claiming the full deposit back under this kind of breach?

apparently not.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/244224-tenancy-deposit-protection-first.html

 

high court judge says that the 14 day limit isn't important, just that the deposit is protected.

[sammypops]

quick update - advice and reassurance required

 

he called the police who visited us to discuss items 'stolen' they wont get involved like you said due to it being a civil matter

 

he's now issued us with a court summons (court in northampton when we live in leeds??) for the £470 bond deduction and £470 for items 'stolen' - advice at all? reassurance :)

[MrShed]

Have you received the PoCs (Particulars of Claim)?

[Planner]

It is likley Northampton because hes made an on-line claim. If you both live in Leeds I see no reason why it wont be allocated to your local court.

[sammypops]

what would that be

[danielr]

advice at all? reassurance :)

advice and reassurance.

 

the items he's claiming that you 'stole' don't appear on the inventory.

 

if they aren't on the inventory at check in, they needn't be there at check out.

 

there is a record of him saying that he's specifically left these off of the inventory.

 

he's left these off because they are not his, they are rubbish left by previous tenants, he's not listed them as his because when and if they break he simply doesn't want to replace them, (because they are rubbish, if they were any good the previous tenants would have taken them with them).

 

 

they aren't on the inventory, he's got no claim to them.

 

the reason that they aren't on the inventory is because they are rubbish.

 

you left the house in the same condition everywhere else, and a better condition since you cleared rubbish left by previous tenants.

 

 

when he doesn't win, don't forget to ask for your costs that you incurred.

[MrShed]

I also fail to see how he can sue for the deposit when its still in the deposit scheme.........

[sammypops]

thats what i thought, if it went to court and he won how much does that undermine the arbitration process. i dont see why he's doing all of this. if it was me and i had paid £470 for cleaning/decorating i would happily go to arbitration to prove it