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  #21  
Old 09-06-2009, 06:11 PM
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I have always advocated taking photos when moving into a property and on vacating them, getting these witnessed so if there is dispute you have the evidence. The agents should have been there to carry out the inspection BEFORE you handed the keys over and immediate move out after all your possessions have been removed from the premises.

As Beli says the landlord should not be giving himself compensation from you deposit at all. there is depreciation of fittings and if a unit is over a certain age it is a write off, as the value for insurance purposes is zilch.
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  #22  
Old 10-06-2009, 05:26 PM
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Default Draft POC

Beli and co

I have drafted a brief POC for starters needs some work have used belis points she posted to get me off to a start could you cast your eyes over and give me your opionons off where i can improve it.


Particulars Of Claim
The Claimant claims the sum of £590 plus interest, this being a substantial amount of the deposit which was paid on 12th March 2004, under a tenancy agreement for the residential premises of 14 **********. The original deposit paid was £650; the claimant feels the defendant has a legal right to the remainder of the deposit of £60, so this part of the deposit is not being disputed.

The tenancy was an assured shorthold tenancy. It was created in writing by a tenancy agreement dated 12th March 2004 made between Mrs ******* of *******, the landlady, And Miss ******* of **********, the tenant. The tenancy was for a fixed term of 6 months, commencing on 12th March 2004, at a rent of £550 per calendar month, this tenancy then became a periodic tenancy after the initial 6-month period.

The tenant gave one monthís written notice on 11th April 2009 to terminate the tenancy. The tenant left the property on 2nd May 2009, with the tenancy officially ending on the 11th May 2009.


The claimant believes that the deductions made from the deposit for purported damages are.

1. Unreasonable.
2. Generally disproportionate.
3. Excessive
4. Unfair. (including unfair terms within the tenancy agreement)
5. Unlawful
6. Exceed any alleged actual loss to the landlady in respect of any alleged breaches of purported contract on the part of the Tenant.
7. Not intended to represent or related to any alleged actual loss in respect of any alleged breaches of purported contract on the part of the tenant but instead unduly enrich the Landlady.


Furthermore the claimant believes the defendant has gained betterment and has failed to show consideration for general wear and tear especially due to the length of the tenancy. Also the general age of some of the items for which deductions have been made could be classed as negligible and I feel should be the defendantís responsibility to fund the replacement. The defendant has also claimed compensation where there has been no proof of any actual liquidated loss.

The Claimant makes reference to the following cases in support of this part of his claim

a) Dunlop Pneumatic Tyre Co v New Garages and Motor Co (AC79)
b) Murray vs Leisureplay (EWCA Civ 963)

Also,

The UTCCR
The Common Law

[FONT='Times New Roman','serif']The Office Of Fair Trading Guidance on Tenancy Agreements[/font]
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  #23  
Old 10-06-2009, 07:30 PM
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Hi Neill

I have "tweaked" it a bit, just to make it more bullet point focussed. You will get plenty of opportunity to say more in you witness statement (if it comes to that). The court just needs the basic factual background, what you are claiming, your legal basis for doing so and whether you are claiming interest and if so, on what basis.

I will post it up in a min......
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  #24  
Old 10-06-2009, 07:38 PM
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Particulars of Claim
1. The Claimant signed an Assured Shorthold Tenancy Agreement (The Agreement) with the Defendant relating to a property at ******** on the 12th March 2004.
2. The tenancy was for a fixed term of six months after which time, the tenancy became a periodic tenancy.
3. The Claimant paid a deposit of £650 to (was this the letting agent or the landlord direct?) on the 12th March 2004
4. A copy of the original Agreement is attached to these Particulars of Claim.
5. An initial inventory was agreed (I think this is right isnít it Neill?) between the Claimant and the Defendant (or their Agent- I donít know who you agreed the inventory with). This is also attached to these Particulars of Claim.
5 In accordance with the terms of the Agreement, the Claimant gave one monthís written notice on 11th April 2009 in order to terminate the tenancy. The Claimant left the property on 2nd May 2009 and the tenancy officially ended on 11th May 2009.
6. No final inventory was agreed between the Claimant and the Defendant or their Agents. The Claimant received a dilapidation schedule from the Defendantís Agents on *****, which is attached to these Particulars of Claim. Deductions were made from the deposit following work allegedly undertaken in accordance with the dilapidation schedule but, the Claimant was not present at the final inspection and not given the opportunity to agree the deductions made from the deposit. Further deductions were made at a later date following work which was arbitrarily decided upon by the Defendant
7. The Claimant contends that the deductions made from the deposit relating to alleged damages are;
A. Unreasonable.
B Generally disproportionate.
C. Excessive
D. Extravagant and Unconscionable
E. Unfair. (including unfair terms within the tenancy agreement)
F. Unlawful

G. Exceed any actual loss to the Defendant in respect of any purported breaches of The Agreement
H. Not intended to represent or relate to any alleged actual loss in respect of purported breaches of the Agreement on the part of the Claimant but instead unduly enrich the Defendant
I Amounts to material and financial betterment by way of an unearned increment
8. Accordingly, the Claimant claims the return of £590 , this being a substantive amount of the deposit which was paid on 12th March 2004, under the terms of the original Agreement
9. The Claimant has made a deduction of £60 from the original £650 deposit which he avers is representative of a more realistic amount to cover any actual, liquidated damages. A schedule of how this figure has been arrived at is appended to these Particulars of Claim

10.The Claimant makes reference to the following authorities in support of this part of his claim

a) Dunlop Pneumatic Tyre Co v New Garages and Motor Co (AC79)
b) Murray vs Leisureplay (EWCA Civ 963)

Also,

(c)The UTCCR
(d)The Common Law
(e)The Office Of Fair Trading Guidance on Tenancy Agreements[/font]

11. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 11th May 2009 to ********** (the date of the claim) of £ (you need to use Simís spreadies) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of ******

I believe that the contents of these Particulars of Claim are true
Sign
Date

Hope that helps - when you send it in to your local court, it is a good idea to enclose and extra copy of all of your evidence for the Defendant.
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  #25  
Old 10-06-2009, 09:44 PM
neill1999 neill1999 is offline
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Cheers Beli that is fantastic thank you very much.

The deposit was paid to the letting agent and the inventory was agreed with letting agent although i do not have a signed copy.

Also it appears the £55 that was deducted from deposit for wooden floor repair seems to of been a waste of money on landladys part as they have now taken it up and had carpet laid (1 week later). I have a good mind to take a photo through the window and make them prove the repair was actually carried out other than the invoice they have, there is no other proof that is was carried out as the wooden floor is no longer there (any thoughts)

Thanks again
Neill
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  #26  
Old 10-06-2009, 09:53 PM
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Quick question sorry beli
In point 9 shall i only mention what i feel i should be liable for in the schedule i.e 20% of cost of doors. and not mention any of the other deductions that i do not feel i am liable for as i would not them to be able to work on indivdual points too soon before the hearing i hope this makes sense sorry been a long day.
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  #27  
Old 11-06-2009, 06:38 AM
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Quote:
Originally Posted by neill1999 View Post
Cheers Beli that is fantastic thank you very much.

The deposit was paid to the letting agent and the inventory was agreed with letting agent although i do not have a signed copy.

Also it appears the £55 that was deducted from deposit for wooden floor repair seems to of been a waste of money on landladys part as they have now taken it up and had carpet laid (1 week later). I have a good mind to take a photo through the window and make them prove the repair was actually carried out other than the invoice they have, there is no other proof that is was carried out as the wooden floor is no longer there (any thoughts)

Thanks again
Neill
Did you sign the original inventory Neill?

I wouldn't get too hung up on the carpet yet. I take it that the condition of the original carpet was noted on the inventory?
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  #28  
Old 11-06-2009, 06:41 AM
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Quote:
Originally Posted by neill1999 View Post
Quick question sorry beli
In point 9 shall i only mention what i feel i should be liable for in the schedule i.e 20% of cost of doors. and not mention any of the other deductions that i do not feel i am liable for as i would not them to be able to work on indivdual points too soon before the hearing i hope this makes sense sorry been a long day.
You could just change it to a good will payment without liability if you prefer to do it that way Neill, that way you don't have to mention any individual points. If they submit a defence then, you can send in a Reply to the Defence if you want to.

Just reaslised, I missed off Court Costs in the "what you are claiming" bit so, you will need to put that in
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Last edited by Belibaste : 11-06-2009 at 06:48 AM.
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  #29  
Old 11-06-2009, 08:41 PM
neill1999 neill1999 is offline
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I have now received a letter from the landlady saying she will defend court action and also requires myself to pay for a new carpet which she is prepared to launch court action.

The inventory we have has not been signed by both parties so i emailed the letting agent and this is the response i received

[FONT='Arial Unicode MS','sans-serif']The covering letter which would have been sent to Mrs ******* along with the inventory would have stated that if no amendment form is received you are agreeing with the condition stated in the inventory. My colleague is checking the archive files in the Waterlooville office tomorrow afternoon for the original letter - if this is found I will send this across to you by email. [/font]

[FONT='Arial Unicode MS','sans-serif']So would appear there is no signed inventory.[/font]
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  #30  
Old 11-06-2009, 09:05 PM
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New carpet = betterment.

I don't think it is good enough to say that if you didn't dispute the inventory you would be taken to agree with it. They know better than that- it should have been agreed and signed by both parties.
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