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Horendeous Expereince Urgent Advise Required

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  • Horendeous Expereince Urgent Advise Required

    Hello All.
    We were private renting a property via a Letting Agent (LA) from July 2013 till June 2015, first 6 months was contracted, then this expired no other paper work was signed or agreed with, so assumed this went on to a rolling month by month. We have never missed a days rent and have had regular inspections every 3 months where by the LE at no point was there any issues raised or points of concern mentioned in how we managed and maintained the condition of the property.

    Our deposit was £800 + £750 Rent Upfront.

    At the very end of May 2015 we were issued a section 21 notice, advising us the Landlord as taking ownership of property this would take effect on the 29th July 2015 and we would have to vacate by 12 Noon. basically making us homeless. Due to our naivety and lack of knowledge on housing regulations (We have since learned what Section 21 actually means.) and more so in the way this section 21 was conveyed to us, we assumed that we were being evicted. It was made clear to us that it would be ideal if we left sooner rather than later.

    Our monthly rent is taken on the first of each month, due to my wife finding out she was pregnant and myself suffering from a long term disabling medical condition which means i struggle to walk or bare any weight through my legs we panicked and found a new property that weekend. Due to Section 21 being issued on the weekend, the we called the LA up on the very first business day which was the 1st of June 2015 to confirmed verbally our intention to move and then we handed posted a letter through the office letter box that evening confirming that our last day in the existing property will be the 30th June.

    We then proceeded to sort the house out, and handed keys in on the 22nd June. We heard nothing for 2 or three weeks when we got a phone call explaining that rent had not been paid for July and that we owe the rent. We tried to explain the above and LA denied ever receiving said letter.

    LA claims that we broke contract by not giving due notice, and that they were not happy with the general state of the property. After much trouble, with LA not remembering to bring the keys and a wasted journey to the local LA office to collect them, The LA gave us access to the property in the last week of July where we made good our remedial work. We held the keys for a single week or less than 7 days during July 2015.

    On the 29th of July the LA performed a final inspection and issued us via email a list of problems and issues reflecting to both the condition of the property and non payment of Julys rent, this list is extensive and has taken us by complete surprise, I have agreed with some points within this list and offered to pay for a cleaning company to go in that weekend 30th/31st to remedy the items that I agree are not up to standard. However LE refused our offer as they have moved new Tenants in on the 30th/31st (who work for the Landlords business) and subsequently refused us access to resolve the issues.

    LA is now trying to claim from the DPS the full deposit of £800 which includes over £300 for cleaning alone, when the only rooms stated in the inspection where the bathroom and Kitchen where by I have an unofficial quote from a local cleaning company of £60-80 . The LA they have ordered us to pay for replacement stairs and landing carpet. due to Pet damage. Although we did sign a pet amendment, the pets have not caused the damage, and in our opinion and this is a case of general wear and tear. The LA is ignoring the original Inventory for the property where it clearly states the carpets where worn to the walkway amungest other recored issues. On all matters that require a contractor to be hired we request 2-3 quotes. The have provided only one quotation, we asked for 2-3 if possible as we are being refused access to the property. LA has refused to supply. We then requested from the LA the receipt and date the carpet was initially laid, which the LA/Landlord again refused to supply. We are looking at a bill for around £300 on this alone, including costs for underlay and painting stair case.

    They have also stated that we had access to the property for the entire month of July and these issues, which where not raised before the 29th should have been resolved before then, this again is not true. As stated above. This list provided on the 29th also includes issues which where contained within the original Inventory provided by the LA to us, and, our original amendment to it when we moved in.

    The LA is expecting us to pay for issues previous to our tenancy which are recorded in the inventory.

    The LA has been very underhand, in the quotation they priced up other things to be done in the property that where not part of the final inspection. Such as painting the bathroom Ceiling White, Glossing the staircase. When I challenged them on this for the costs involved, they simply removed the items but did not adjust the quotation or provide a new one.

    We as a tenant at every juncture have offered to resolve any problems or issues, but no matter what we have done its simply not good enough. We are now on step2 of the DPS claim, and the LA have sent an email today attached with a filled in N1CPC Claim Form threatening us, unless we pay in full by tonight. 10 Aug 2015. They will post Claim for to the courts first thing. My self and my wife are sick with worry. we have been private renting for over 12 years and have glowing references from previous LA. We are beside ourself with worry, and simply cannot afford to pay the monies, loose the full deposit then find £750 rent of have a CCJ again our names. Really dont know where to turn or what to do.

    We as tenants have been naive and foolish with our trust, we have made mistakes and we take responsibility for those, we have offerd to meet the costs in a fair and reasonable way, but feel that ultimately the LA/Landlord are trying to better the property at our expense. In addition to the above, I appreciate it the landlords property and he can do as he sees fit, however to be evicted under section 21 to allow migrant workers to take tenancy the day we were technically forced out is morally objectionable. We have since found out from neighbors and I appreciate pure speculation, this whole horrid scenario was repeated with the previous tenants before us.

    Any help would be greatly appreciated.

    Regards
    Geoff
    Last edited by Sunnburn1979; 11th August 2015, 10:16:AM. Reason: Correction
    Tags: None

  • #2
    Re: Horendeous Expereince Urgent Advise Required

    Hi Geoff,

    Is your deposit protected in a government backed scheme?

    See here: http://england.shelter.org.uk/get_ad...a_tenancy_ends

    x

    Comment


    • #3
      Re: Horendeous Expereince Urgent Advise Required

      Hello miss.
      Thank you taking the time to reply. Yes, our deposit is currently held and protected with The DPS in the Custodial Scheme.
      However, the LA/Landlord I suspect will not agree to go down the route of the dispute resolution service.

      Should I release part deposit for some of the items I agree with? Would this be seen favorably if this does go to court?

      Regards
      Geoff.

      Comment


      • #4
        Re: Horendeous Expereince Urgent Advise Required

        Should I release part deposit for some of the items I agree with? Would this be seen favorably if this does go to court?
        I'm not sure (reduces your negotiating power) - perhaps others here will be able to advise on your best course of action there. [MENTION=15129]Crazy council[/MENTION] for example (flagging for him )

        I would be very much inclined to push for the Dispute Resolution Service if at all possible - if the LL refuses it would not look good for him in court should things get that far.

        It's rarely a bad idea to ask for specific advice from Shelter (you can find your local service through the above link).

        If you can formulate the result you want and think to be fair (and justify it with evidence) it will be useful. x
        Last edited by Kati; 11th August 2015, 08:39:AM. Reason: rogue s & flagging for Crazy

        Comment


        • #5
          Re: Horendeous Expereince Urgent Advise Required

          Hello MissFM
          Thanks again for your advise. There are particulars with my case that are pointless contesting with the LA/Landlord, although I agree that paying in part reduces my bargaining power, it is for items I feel that are fairly priced/costed and which we openly admit responsibility for.. We are tired and weary of this issue and the threat of court action looming over us It seems like the right thing to do. I suspect ill be wrong

          Comment


          • #6
            Re: Horendeous Expereince Urgent Advise Required

            It is only a THREAT of court action. They would have some explaining to do if they attempted to claim for the full cost of carpets etc when the inventory showed them as worn and for items which normal wear and tear, such as the repainting.

            If it does go further you will not have a mark on the credit reference agencies files if you lose and you pay within 28 days.

            Comment


            • #7
              Re: Horendeous Expereince Urgent Advise Required

              Hello Ostell.
              The LE/LA are arguing we need to pay for the full cost of the carpets, due to us signing a pet amendment, which states we would pay for any damage. However we cant prove or disprove our pets caused said damage. They have photos that show some fraying.

              On another note, regarding the rent arrears, our AST contract states that we pay for the upcoming month on the 1st of every month, we where handed section 21 on the 29th of May and told we had to be out on the 29th of July, if we had paid our rent for July would that would entitled us to be in the property until the 31st of July??. Here is the keypoint however Letting agent and Landlord moved new tenants in on the 30th! July

              Does this have any bearing on our problems?

              Regards
              Geoff.
              Last edited by Sunnburn1979; 11th August 2015, 10:05:AM.

              Comment


              • #8
                Re: Horendeous Expereince Urgent Advise Required

                Can you email me a copy of your tenancy agreement and any further documents/pics you've received (kati@legalbeagles.info)? I'll make sure they're redacted and post them up for [MENTION=15129]Crazy council[/MENTION] to have a look at (@MissFM's right about him being good at this sort of thing )

                K xx
                Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                It doesn't matter where your journey begins, so long as you begin it...

                recte agens confido

                ~~~~~

                Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                But please include a link to your thread so I know who you are.

                Specialist advice can be sought via our sister site JustBeagle

                Comment


                • #9
                  Re: Horendeous Expereince Urgent Advise Required

                  Hi @Sunnburn1978

                  Some clear facts about what the LL really can expect to claim for, and percentages

                  because you have been in the property 2 years ( or close enough ), they can not claim for ware and tear to carpet ( general use ), only specific damage thats not on the original inventory. Secondly, when a LL agrees to allow a pet, that does not change what they can claim for, again, they can only claim, for specific damage that could not be classed as ware and tear ( central walkways are expected to get more ware than other places )

                  However we cant prove or disprove our pets caused said damage. They have photos that show some fraying.
                  the landlord has to prove both damage, and that its not general were and tear or aged usage

                  Here is the keypoint however Letting agent and Landlord moved new tenants in on the 30th! July
                  No it doesn't make any difference

                  I will have a full read though later, and i would need,

                  1. Date you initial handed the keys back to the agent
                  2. When you went back in the property, did they make you collect the keys from there office or sign for them
                  3. Is the original inventory words or photos
                  4. Was any of the repars/wprk done by the LL between you leaving and new tenants moving in

                  Dont worry what your agent says at the mo about your deposit, Its these type of curcs that the DPS is exactly for.




                  Then notice period,

                  They gave you 2 months notice ( section 21 ), but you then gave them 1 months notice.

                  If your tenancy turned into a periodic ( sounds like it did after the first 12 months ) , then your correct and clear over that part. ( only if your on a periodic tenancy (no paperwork re-issued after 12 months )
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #10
                    Re: Horendeous Expereince Urgent Advise Required

                    Hello Kati.
                    You have mail. Thank you. Can you advise on Section 21 and how it effects the existing contract? From my understanding it does not and such landlord broke contract technically by placing new tenants into the property, if we had paid for July, or pay arrears?

                    Thanks
                    Geoff.

                    Comment


                    • #11
                      Re: Horendeous Expereince Urgent Advise Required

                      I'll check now xx
                      [MENTION=15129]Crazy council[/MENTION] is still the best to advise on Section 21 notices etc ... I'm sure he'll be back soon xx
                      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                      It doesn't matter where your journey begins, so long as you begin it...

                      recte agens confido

                      ~~~~~

                      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                      But please include a link to your thread so I know who you are.

                      Specialist advice can be sought via our sister site JustBeagle

                      Comment


                      • #12
                        Re: Horendeous Expereince Urgent Advise Required

                        pics:
                        Attached Files
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: Horendeous Expereince Urgent Advise Required

                          Hello Crazy.
                          I have just sent Kati the documents she requested. Thank you so much for yours and everyone time on this it really is amazing.

                          To answer your questions....

                          1. Date you initial handed the keys back to the agent
                          ANS: 22nd June 2015

                          2. When you went back in the property, did they make you collect the keys from there office or sign for them
                          ANS: Collect from office on 21st July (from memory) handed back on the 26th/27th July 2015. No signing.

                          3. Is the original inventory words or photos
                          ANS: Both - See documents supplied to Kati

                          4. Was any of the repars/wprk done by the LL between you leaving and new tenants moving in
                          ANS: Not that we are aware of.

                          Regards
                          Geoff.
                          Last edited by Sunnburn1979; 11th August 2015, 11:21:AM. Reason: Added Q / A

                          Comment


                          • #14
                            Re: Horendeous Expereince Urgent Advise Required

                            AST:

                            - - - Updated - - -

                            Letting Agent inventory:
                            Attached Files
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Re: Horendeous Expereince Urgent Advise Required

                              OPs inventory:
                              Attached Files
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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