Forum Home Search Login Register
+  Landlord Forum
|-+  General Category
| |-+  Tenant Advice & Help
| | |-+  Deposit dispute

Deposit dispute [Page 2]

Pages: 1 [2]
Print
Author Topic: Deposit dispute  (Read 707 times)
Newbie
Posts: 20

I like property

« Reply #30 on: September 28, 2021, 09:28:43 PM »

Hi Mahira

Thank you for your reply.

I am not a greedy person, all I am doing is just to get this landlord straight. I hope he learned his lesson and he will respect his tenants rights. Thatís what I was after. I would have appreciate more if he would have come to me with an email and apologise for being greedy and not with all the bullshit he has tried to sell.

I need to admit, I did enjoyed having him stressed as I know what kind of a person he is and how tight he is.
Hero Member
Posts: 655

I like property

« Reply #31 on: September 28, 2021, 09:40:05 PM »

...

I don't know why you seems so angry. The LL's solicitor acts for the LL. You didn't expect them to reply going oh yeah I agree with everything you say.

Most of what's written are just fluff, since it's been said before. The only important bit is the offer. In a non-small claims case, cost generally goes towards the winner, but not if the loser has made a settlement offer that the winner fails to beat in court. I would say you need to consider what you think are the chance that you will fail to beat it in court, but since you have instructed a no-win-no-fees lawyer, that decision is now probably out of your hands. Your conditional agreement probably has a clause that requires you to follow your lawyer advice whether to settle or not, or penalties etc.

Your lawyer probably has more to think about. And if your landlord knows you're on a conditional agreement, the response was written as much for you as for your lawyer. They will try to argue for the case to be assigned to the small claims track, in which case lawyer cost aren't recoverable. Your no-win-no-fee guy expects to make a significant part of their income from the cost recovery rather than the portion of the win itself. If it goes small claims, they don't get any cost recovery. On the other hand, if it goes small claims, you don't have to worry about whether you beat their offer or not since no cost recovery. Swings and roundabouts.
Newbie
Posts: 20

I like property

« Reply #32 on: September 28, 2021, 09:57:39 PM »

Hi KTC,

Thank you for your reply.

First of all, I want to thank you for all your advices. I have found so much help in your answers for which I am so grateful.

The solicitor I have hired has already asked me how to action, if I am happy with the outcome so far he will accept it. Therefore, as I said in the previous message, I will accept the offer, case closed. Not in mood to go to court, never wanted to get there.

I have explained why I am ďso angryĒ, as you say. Admit youíve been wrong, donít try to find stupid excuses for your mistakes.
Global Moderator
Hero Member
Posts: 4297

Abuse Officer

« Reply #33 on: September 29, 2021, 09:23:27 AM »

1x the value of the deposit, per breach, for a total of £3,300.

This is a wonderful result for you and a terrible result for your Landlord.

All of your assertions have been seen as truth and the Landlord has really learned a financial lesson in the process... plus they have admitted liability (all the noise about 'why' doesn't bother you one little bit).

I think you can walk away from this rather troublesome and long-running situation feeling good about it.

What will you end up with in your pocket after your Solicitor charges you? Or are their charges somehow 'on top'? I don't know how it works, but - whatever the outcome - I hope you have some useful £s.

Take it and run!
Newbie
Posts: 20

I like property

« Reply #34 on: September 29, 2021, 10:02:00 AM »

Hi Hippogriff,

Thank you for all your replies, much appreciated, all your advices have been so useful.

The solicitor will keep 33%, he hasnít done much. All he did is to use my letter - Letter before action - which has been sent to the landlord prior to hire him,  and add his presentation + a Part 36 Offer.

They must have spent 1-2 hours on my situation, as the initial part Iíve done it myself with your help guys.

I was surprised with LLís answer after I hired a solicitor. I donít think he thought I will hire one, especially after he received initial letter from myself. Or maybe he got scared of the name of the solicitors hiredÖ
Global Moderator
Hero Member
Posts: 4297

Abuse Officer

« Reply #35 on: September 29, 2021, 12:22:08 PM »

Exactly right.

It became real to him at that point. Sometimes you can do all the effort yourself, you can write the exact same things as someone does who has letters after their name indicating a certain qualification... but one is just hot-air from an aggrieved ex-Tenant you can ignore and one is something you prick your ears up to and pay full attention to. This is the just way of the world. A couple of grand coming your way now is a tasty bonus for your efforts coupled with - what you say you always wanted out of this - a certainty that someone has been taught a real-world lesson... a lesson taught that should also benefit future Tenants of this Landlord.

There is also something else positive about simply accepting the offer as-is, no bargaining or hustling... forever in the future the Landlord will be wondering if you'd have accepted even less than the bare legal minimum... because you snapped it up so quickly that will be a tasty 'unknown' to leave in their mouth. I like the vibe of that. Even though they can never be said to have "overspent" they'll always wonder that.
« Last Edit: September 29, 2021, 12:24:14 PM by Hippogriff »
Newbie
Posts: 20

I like property

« Reply #36 on: October 07, 2021, 08:07:52 AM »

Hi guys,

A little update on my situation. The landlord had time to pay until 5th of this month. Yesterday my solicitor was contacted by his solicitor that the landlord is not able to pay as he left in holiday in hellostan, canít be bothered, and asked to extend the time he has to pay up until 18th of this month. I agree with, be it as he wants.

Yesterday, I was contacted by the other solicitor I have hired to check on the licence to rent. As stated in a previous message, the borough where the property is, has a licence to rent scheme and you need one if you want to rent. We found out that the landlord didnít have one for 9 months (the licence costs between 1.5k and 2,5k per year depending on the type of licence).

Now, being treated like that by the landlord, who canít be bothered, I have decided to pursue against him again.

ď Dear X,

You have a potential claim of £ 12,600.00. If you would like to go ahead I can get agreements out to you all for you to read and sign. Below are all the details that you may need to know. Please come back to me with any questions you may have.

You will need to prove that you have paid all the rent over the 9 month period and we would also need a copy of your tenancy agreement.

Ö ď

Isnít that fun ? :)


Newbie
Posts: 42

I like property

« Reply #37 on: October 19, 2021, 01:29:37 AM »

so Andrew, you are back on the game and going to court?

out of curiosity, which borrow is that and breach of which law you are seeking £12.5 k pls?
Hero Member
Posts: 655

I like property

« Reply #38 on: October 19, 2021, 12:27:47 PM »

It'll be Rent Repayment Order on the grounds that the property is unlicenced.

At Tribunal not Court (not much practical difference admittedly).
Newbie
Posts: 20

I like property

« Reply #39 on: October 19, 2021, 09:55:03 PM »

so Andrew, you are back on the game and going to court?

out of curiosity, which borrow is that and breach of which law you are seeking £12.5 k pls?

Hi Mahira,

Iíve just received the funds for the deposit claim :)

As KTC said, it is the rent repayment order, Waltham Forest Borough.

I donít know much about it, all I know is what I have to pay :)

A little list + 35% of whatever may be awarded by the Tribunal.

Postage (All prices are exclusive of 20% VAT)
ē       Royal Mail Ė 1st class signed for (Letter of claims and general correspondence) : £7.50
ē       Royal Mail Ė 1st class proof of postage (Letter of claims and general correspondence): £5.00
ē       Royal Mail Ė 1st class signed for (tribunal application) for 3 bundles : £30.00
ē       Royal Mail Ė Royal Mail 1st Class Signed For Tribunal Response 3 Bundles to tribunal & 1 Bundle to Respondent : £60.00
Title Search (All prices are exclusive of 20% VAT)
ē       HM Land Registry (Registered proprietor & property info search conducted by Legal Road) : £25.00

Now, this solicitor seems to be completely different than the one used for the deposit claim. I have pointed to him that the landlord may wish to negotiate and my understanding is whatever ( if ) heíll offer, will not be acceptedÖhence the list I have already started to pay :)

Newbie
Posts: 42

I like property

« Reply #40 on: October 20, 2021, 02:01:42 AM »

nice Andrew..that is a nice return on investment..right..very happy for you.

glad I asked this question, coz otherwise I would not have known about this RRO.

I googled about it and, although my council Brent does not have such scheme, think I may have grounds on the basis of harrasmment (I had to call 999 one time) and illegal eviction (LL changed locks during notice period and claimed rent from me).

I will research about what to do and how to prove it..thanks a lot...
Newbie
Posts: 20

I like property

« Reply #41 on: October 21, 2021, 11:10:34 PM »

nice Andrew..that is a nice return on investment..right..very happy for you.

glad I asked this question, coz otherwise I would not have known about this RRO.

I googled about it and, although my council Brent does not have such scheme, think I may have grounds on the basis of harrasmment (I had to call 999 one time) and illegal eviction (LL changed locks during notice period and claimed rent from me).

I will research about what to do and how to prove it..thanks a lot...

Hi Mahira,

I understand you donít want a solicitor, thatís a bad thing. I wouldnít trust myself (lack of knowledge & time). I rather pay 50% to a solicitor and be represented.

I am at the 4th landlord now and I can say I only met one who was indeed a nice person. You should get what you give, but itís not happening.

Before I moved at the place where I am now, I have insisted and asked the LL to register my deposit and explained this was the main reason I have left the other one. 3 months after I am still waiting. Iíll not say nothing to the guy, but I will go after him when I leave.

LLís who donít register your deposit canít be trusted ( sadly, you only find out after you have signed the contract).

I have/had so many issues where I am now:
- oven wasnít working, had to wait 4 weeks to receive a crap Chinese one which smells of burned plastic when on;
- power in the living room is bad, for some reason burns the light bulbs (still waiting for an electrician to be sorted);
-washing machine leaks quit bad ( explained to the LL, no answer);
- kitchen sink leaks - LL came himself and taped the pipes :));
- had to paint myself 75% of the house - LL very happy with that - obviously; 2 bed terraced house;
- property advertised a price, when I got to the house I was asked £25 extra. Greedy as the former one, especially when you know howís the house you are trying to rent;
- there was no cleaning done whatsoever by the LL; had to do it myself (disgusting).

The area is nice and I love it, is exactly what I was looking for 10 years :)



Pages: 1 [2]
Print