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  #11  
Old 07-06-2009, 05:25 PM
neill1999 neill1999 is offline
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Cheers Beli

That is brilliant. Thank you very much for all of that, plenty of reading material even though some of it is familar from bank cases still would be good to recap over iot though.

Neill
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  #12  
Old 07-06-2009, 05:32 PM
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Beli

am i correct in thinking the UTCCR 1999 has recenently been updated am having trouble confirming this.

Neill
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  #13  
Old 07-06-2009, 05:46 PM
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I think that there has been some amalgamation of the UTCCR with the other, older act (the name has completely escaped me except I know it also begins with U )but, I will look into it for you later Neill.

From everything I have read for my own case, it seems that courts are increasingly treated tenancies as contracts.
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  #14  
Old 07-06-2009, 06:35 PM
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It was this I was thinking of Neill http://www.berr.gov.uk/files/file34128.PDF
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  #15  
Old 07-06-2009, 07:33 PM
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Cheers Beli thats the one. Am a bit rusty have not had to do any claims or court stuff for months.
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  #16  
Old 09-06-2009, 12:37 PM
neill1999 neill1999 is offline
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Beli

It is the the landladys husband that does all the communication when we lived at the property and also he is the one that has been dealing with the letting agents in regards to the deposit, however it is her name on the tenancy agreement so i sent her a LBA about two weeks ago asking for return of the majority of deposit minus what i consider to be wear and tear, this time limit runs out on friday so should start work on a particulars of claim. The only responsei have had was a email a week ago saying she was seeking further advice from letting agent.

Further more after reading the OFT guide the other night there was a bit about the window as a example of what was unfair term, i emailed her telling her i would now be incresing my claim and adding a further 85 for the repair of window that was taking from my security deposit as i feel it is a unfair term in my tenancy agreement making a new total of around 585.
I also stated that to avoid court action i would be happy to accept the sum of 400 to be paid before this friday.

I have also had the receipt from the LA for the fridge to put new frezzer door on which could be done in less than 10 seconds (no exaggeration) the part was 6.99 and labour was 39.

Furthermore i had email from LA stating after the repair to wooden floor it did not lift the stain the Landlord (landladys Husband) has asked for a quote for the wooden floor to be reomved and new carpet fitted. As there is nothing left of my deposit this is for his information only but feel he may counterclaim with this. (can charge for repair to wooden floor then decide he is not happy and change his mind and charge for carpet)

Is it worth getting a basic POC in to court and then making more specific points in witness statement/ Court bundle. Also should my POC contain the individual points or just asking for general return of security deposit any help would be great.

All advice gratefully received.
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  #17  
Old 09-06-2009, 02:30 PM
neill1999 neill1999 is offline
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forgot to mention in my last post, have been informed by LA that there are no receipts for the 50 for damage to the cooker as this was paid to the landlord as compensation for damage and not for repairs (remember this was caused by a 25 year old delapidated overhead kitchen unit falling off.
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  #18  
Old 09-06-2009, 03:45 PM
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Neill - did you have an inventory agreed between you on entering and leaving the property?
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  #19  
Old 09-06-2009, 03:47 PM
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Quote:
Originally Posted by neill1999 View Post
forgot to mention in my last post, have been informed by LA that there are no receipts for the 50 for damage to the cooker as this was paid to the landlord as compensation for damage and not for repairs (remember this was caused by a 25 year old delapidated overhead kitchen unit falling off.

He can't just award himself compensation as he sees fit, it has to be representative of an actual, liquidated loss.
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  #20  
Old 09-06-2009, 03:53 PM
neill1999 neill1999 is offline
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Yes there was a inventory when entering property five years ago but did not receive one when leaving just a dilapidation schedule from estate agents mentioning several of the points in my original post but a couple more points came from LA about a week later. We were not there at the final inspection as it was two days after we handed keys back. The work seems to of been carried out by the LA approved contractors.

One of the doors that needed replacing on inventory did say tarnished and the other one in good condition. The cooker and fridge are not the ones on the inventory as they were replaced about a year in to the tenancy also the kitchen lino on inventory says it is lifting at edges and dirty needs cleaning.
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