Dealing with deposit dispute via landladys solicitor

[Byren14]

Hi

 

Just looking for a little advice from anyone out there,

 

My family has just moved out of a property rented for 2 years. The landlady has via her solicitor sent a letter claiming that we did not clean, meaning she spent £70 on professional cleaners. She also claims we have ruined the new carpets she put down at the beginning of the tenancy and not maintained the garden. She is looking to keep our deposit (£550) and then some to rectify the issues.

 

Now we're not entirely stupid, we took photos when we moved in and photo and video footage when we moved out, so we can can confidently dispute her claims.

 

The problem is that we feel at a disadvantage dealing with her solicitor, they have legal training and are obviously looking after their client. We have replied to the first letter letting them know we disagree and informing them that we have photos etc to back our position up. The solicitor has asked, quite abruptly, for us to send them copies so they can advise their client fully.

 

Are we doing the right thing sending them the evidence? On the surface there doesn't seem in any harm in this, but we just don't know, it's all very confusing and stressful.

 

It also appears from our search on the Deposit Protection Service that only £500 of the £550 deposit was protected, we asked the the solicitors about this in the letter and asked for the deposit ID, but they failed to mention any of this in the reply.

 

Any advice would be greatly appreciated

[king12345]

Send the pictures and tell the solicitor that you're not afraid to see them in court.

They'll still get their fee from the landlady, but most likely will advise her to drop the claim and repay the deposit.

It won't harm to send the pictures that in any case would have to be disclosed if you want to rely on them for any court case

[The Carpet Cleaners]

Was there an inventory at the beginning of the tenancy?

[Byren14]

Hi

 

There was an inventory with 5 items on, a cooker, fridge, electric fire, lawn mower and curtains.

[citizenB]

Don't send original footage or photos - copies only.

 

IMHO, it should be at the solicitor's expense as well.

[The Carpet Cleaners]

In that case... do not send any photo's to LL's solicitor, but tell them that you will be issuing a letter before action to the LL to get the full deposit back, as you have proof that it was left in as good condition as before you moved in (not including fair wear and tear). Then issue a letter before action to the LL for the full amount. Follow it up after 14 days with MCOL and sue the LL for the full amount.

 

It is up to the LL to prove that you owe them money from the deposit.. Without a full inventory, this is nigh on impossible, especially as you have all the photo's and video evidence. If the LL decides to fight, then your evidence will have to be offered at court.

[Steve__M]

Have they given you a full breakdown of issues and individual costs, including details of what was not clean, and what was wrong with the garden?

 

If not, ask for it before sending them your evidence. Once they know what you have they may change what they say.

 

Ask the solicitor for LLs evidence of the state of the property now and previously.

 

As the carpets are not listed in the inventory, ask for evidence of them being fitted new.

 

As the deposit was not properly protected be assertive and explain that you will include a claim for 3x the shortfall.

 

Have you applied for the deposit from the DPS? Have they attempted to claim it from the DPS?

 

Did you receive the prescribed information when you moved in? This is a document that explains to you where the deposit is protected that should reference the term in your tenancy contract that says how the deposit will be dealt with, and a copy of the DPS terms and conditions.

 

Solicitors have a way with words and can come across as being aggressive and all-knowing. A lot of it is bluster though, so you shouldn't let it worry you.

[ericsbrother]

copy LBA to the solicitors though so they "can advise their client fully"

[Byren14]

Thanks for the replies.

 

We have decided to request the deposit ID (solicitor does not seem to want to help) from the DPS and maybe get the ball rolling there, unless the solicitor starts it first.

 

As we have had no answer as to the missing £50 from the deposit and we cannot think of any valid reason why this amount was omitted we are going to send a letter before action to the landlady and see what happens there.

 

As for the photos, well I'm tempted to send the two photos which disprove the main part of her argument, two carpets which can clearly been seen to have the same marks and stains two years ago, so could not possibly have been new.

 

We will see what happens