edmonds
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:21:38 GMT 1, Hi,
I know there is a lot of knowledgable people on here so im looking for some advice about claiming back my house deposit. I know its not completely art related but the money is going to fun art so though I would ask here.
Heres the situation my landlord (who is family) is refusing to hand back my deposit on grounds that I have damaged the kitchen floor, this is not the case, the house has not been maintained by her in the 5 years I have lived there she has never visited and has not fixed anything that I have asked or brought to her attention.
I have now moved out and have photos of the damp and damage that has never been fixed, she has also know ripped the kitchen out and removed the flooring.
Anyone know what my next move should be in getting my money back?
Many thanks.
Hi,
I know there is a lot of knowledgable people on here so im looking for some advice about claiming back my house deposit. I know its not completely art related but the money is going to fun art so though I would ask here.
Heres the situation my landlord (who is family) is refusing to hand back my deposit on grounds that I have damaged the kitchen floor, this is not the case, the house has not been maintained by her in the 5 years I have lived there she has never visited and has not fixed anything that I have asked or brought to her attention.
I have now moved out and have photos of the damp and damage that has never been fixed, she has also know ripped the kitchen out and removed the flooring.
Anyone know what my next move should be in getting my money back?
Many thanks.
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House deposit, by manchestermike on Apr 15, 2008 14:23:10 GMT 1, It's difficult, the usual tactic is to not pay the last months rent and just fuck off... If she is family it's easy, just send round the men with the baseball bats
It's difficult, the usual tactic is to not pay the last months rent and just fuck off... If she is family it's easy, just send round the men with the baseball bats
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top
Junior Member
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November 2007
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House deposit, by top on Apr 15, 2008 14:24:25 GMT 1, Take it on the chin and never ever deal with family when money is concerned!!
..sorry, but I just cant see how your going to get that sorted..
Take it on the chin and never ever deal with family when money is concerned!!
..sorry, but I just cant see how your going to get that sorted..
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frank11
Junior Member
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September 2006
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House deposit, by frank11 on Apr 15, 2008 14:26:01 GMT 1, Did you have any form of contract,Letting agreement? How did you report the problems you had in the 5 years, letters emails etc?
Did you have any form of contract,Letting agreement? How did you report the problems you had in the 5 years, letters emails etc?
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edmonds
New Member
Posts โข 129
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:27:15 GMT 1, I do have a couple of texts from her saying that she would pay my deposit back and I have a answer phone message saying that the she will pay it and not to worry about cleaning the house up apon leaving as they are going to gut it?
I do have a couple of texts from her saying that she would pay my deposit back and I have a answer phone message saying that the she will pay it and not to worry about cleaning the house up apon leaving as they are going to gut it?
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edmonds
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Posts โข 129
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:29:50 GMT 1, I do have a contract through a solicitor and all the original maintenace isses where delt with over the phone.
She did send round a local builder last year to give her a quote on the work that needed doing and that was over ยฃ20,000, she decided to ignore the problems after that?
I do have a contract through a solicitor and all the original maintenace isses where delt with over the phone.
She did send round a local builder last year to give her a quote on the work that needed doing and that was over ยฃ20,000, she decided to ignore the problems after that?
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blupp
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March 2008
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House deposit, by blupp on Apr 15, 2008 14:32:21 GMT 1, on my Germans in London forum they always refer to the Citizen Advice Bureau when it comes to issues regarding deposit. it's probably worth a try to contact them just to get information how this should and can be tackled. www.citizensadvice.org.uk/index/getadvice.htm
on my Germans in London forum they always refer to the Citizen Advice Bureau when it comes to issues regarding deposit. it's probably worth a try to contact them just to get information how this should and can be tackled. www.citizensadvice.org.uk/index/getadvice.htm
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nickc
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Posts โข 402
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August 2007
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House deposit, by nickc on Apr 15, 2008 14:34:29 GMT 1, Go to the local Citizens Advice Bureau and explain the situation. The fact that you paid a security deposit would suggest that you have some kind of agreement in writing. Take that agreement with you too. I think that there are recent laws that have been brought in to stop this behaviour. The landlord should be able to show proof that a) the damage they are claiming hasn't just occured through normal wear and tear and b) they can show evidence of it. If they have already gutted the place then how can they prove the damage is there in the first place? If it is family it might be best to explain the situation to another family member and see what they can do but certainly go to the CAB. In circumstances like this I am sure they will help you draft a letter that should get a result. Worst case scenario, just file an online claim at the Small Claims Court. It cost's about 30 quid to do.
Go to the local Citizens Advice Bureau and explain the situation. The fact that you paid a security deposit would suggest that you have some kind of agreement in writing. Take that agreement with you too. I think that there are recent laws that have been brought in to stop this behaviour. The landlord should be able to show proof that a) the damage they are claiming hasn't just occured through normal wear and tear and b) they can show evidence of it. If they have already gutted the place then how can they prove the damage is there in the first place? If it is family it might be best to explain the situation to another family member and see what they can do but certainly go to the CAB. In circumstances like this I am sure they will help you draft a letter that should get a result. Worst case scenario, just file an online claim at the Small Claims Court. It cost's about 30 quid to do.
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steve
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April 2007
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House deposit, by steve on Apr 15, 2008 14:36:41 GMT 1, take her to that family court thing in the us and let that crazy judge shout at her and stuff .............or maybe dr.phill ;D
take her to that family court thing in the us and let that crazy judge shout at her and stuff .............or maybe dr.phill ;D
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nacional
Junior Member
Posts โข 1,734
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August 2007
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House deposit, by nacional on Apr 15, 2008 14:38:38 GMT 1, I would soak it up, forget about it and move on. If you do pursue it, it will end up in a small claims court, it will be a long, stressy and very drawn out process that you may lose.
However, think in the long-term and when the chance arises to totally fuck up the arse (metaphorically of course, or literally if you prefer) the "family" who is you landlord, seize the chance and relish it.
As suggested above, last month of any housing contract, just don't pay the rent.
I would soak it up, forget about it and move on. If you do pursue it, it will end up in a small claims court, it will be a long, stressy and very drawn out process that you may lose.
However, think in the long-term and when the chance arises to totally fuck up the arse (metaphorically of course, or literally if you prefer) the "family" who is you landlord, seize the chance and relish it.
As suggested above, last month of any housing contract, just don't pay the rent.
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edmonds
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Posts โข 129
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:39:18 GMT 1, I may just do that, if im not going to get my money I may aswell make her life as difficult as possible.
Any other suggestions to get even?
I may just do that, if im not going to get my money I may aswell make her life as difficult as possible.
Any other suggestions to get even?
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edmonds
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Posts โข 129
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:45:27 GMT 1, Thanks saltandiron few good points on there I will try and pull together as much evidence as I can.
Thanks saltandiron few good points on there I will try and pull together as much evidence as I can.
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Michael Jacob
Artist
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October 2006
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House deposit, by Michael Jacob on Apr 15, 2008 14:48:21 GMT 1, like others have said, dont mix family and money
aside from that, you need to show that any damage was within "normal wear and tear" during your stay. It sounds like youve been there a while. Things will happen. the people renting to you dont realize how well they have it when someone rents for a long period of time. They could have had 5 different people over the same time span, each requiring them to fix things up each time.
good luck
like others have said, dont mix family and money
aside from that, you need to show that any damage was within "normal wear and tear" during your stay. It sounds like youve been there a while. Things will happen. the people renting to you dont realize how well they have it when someone rents for a long period of time. They could have had 5 different people over the same time span, each requiring them to fix things up each time.
good luck
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spencerlee
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Posts โข 853
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May 2006
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House deposit, by spencerlee on Apr 15, 2008 14:50:06 GMT 1, Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world.
Rules around letting may have changed since then, so speak to CAB first.
Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world. Rules around letting may have changed since then, so speak to CAB first.
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holden
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July 2008
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House deposit, by holden on Apr 15, 2008 14:51:52 GMT 1, Freeze cat p*ss and post the cubes thro the letter box at night. Repeat indefinitely as it takes ages to work out where that smell is coming from!
Agree dont pay last months rent Agree Judge Judy'll sort it
Freeze cat p*ss and post the cubes thro the letter box at night. Repeat indefinitely as it takes ages to work out where that smell is coming from!
Agree dont pay last months rent Agree Judge Judy'll sort it
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funyoung
Junior Member
Posts โข 1,040
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February 2008
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House deposit, by funyoung on Apr 15, 2008 14:53:02 GMT 1, Bit weird this - you have 'apparently' damaged the floor and yet it has been removed. Are they planning on putting the flooring back? What sort of floor is it?
Bit weird this - you have 'apparently' damaged the floor and yet it has been removed. Are they planning on putting the flooring back? What sort of floor is it?
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wimpy
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Posts โข 412
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November 2007
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House deposit, by wimpy on Apr 15, 2008 14:54:25 GMT 1, I know that here in the states that you NEVER should even start to expect any kind of security deposit back. Even if you leave the house in better condition than when you moved in, don't expect it. Landlords know that the time/cost isn't worth a person pursuing the money.
However, here, if you know for a fact that the person never escrowed it you can at least threaten legal action. Past that, you take it on the chin unless you are a lawyer yourself with tons of free time and are just doing it on principal rather than monetary compensation.
I know that here in the states that you NEVER should even start to expect any kind of security deposit back. Even if you leave the house in better condition than when you moved in, don't expect it. Landlords know that the time/cost isn't worth a person pursuing the money.
However, here, if you know for a fact that the person never escrowed it you can at least threaten legal action. Past that, you take it on the chin unless you are a lawyer yourself with tons of free time and are just doing it on principal rather than monetary compensation.
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frank11
Junior Member
Posts โข 1,190
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September 2006
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House deposit, by frank11 on Apr 15, 2008 14:55:22 GMT 1, Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world. Rules around letting may have changed since then, so speak to CAB first.
That sounds really shit Did you end up going through with the hassle
Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world. Rules around letting may have changed since then, so speak to CAB first. That sounds really shit Did you end up going through with the hassle
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carl
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September 2011
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edmonds
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Posts โข 129
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September 2007
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House deposit, by edmonds on Apr 15, 2008 14:55:40 GMT 1, It was vinyl flooring that had sunk in places, they have said that the sinkage was down to me, they have thrown the flooring in the skip which is on the drive. I have taken photos of this aswel.
It was vinyl flooring that had sunk in places, they have said that the sinkage was down to me, they have thrown the flooring in the skip which is on the drive. I have taken photos of this aswel.
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House deposit, by fatherxmas on Apr 15, 2008 14:57:55 GMT 1, This is my field of work day to day. Tbh, if the floor is only damaged after 5 yrs fair play. Your one of the good tenants. You do get some pigs and after 6 months the place is fuked. I do think in this case you should get your deposit back. How much is it btw?
This is my field of work day to day. Tbh, if the floor is only damaged after 5 yrs fair play. Your one of the good tenants. You do get some pigs and after 6 months the place is fuked. I do think in this case you should get your deposit back. How much is it btw?
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House deposit, by richy00 on Apr 15, 2008 15:00:09 GMT 1, mate sounds like my shit hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done shit all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little fucker... the house was a bombsite when i moved in.
mate sounds like my shit hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done shit all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little fucker... the house was a bombsite when i moved in.
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spencerlee
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Posts โข 853
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May 2006
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House deposit, by spencerlee on Apr 15, 2008 15:06:11 GMT 1, Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world. Rules around letting may have changed since then, so speak to CAB first. That sounds really s**t Did you end up going through with the hassle
Nope, the woman at the CAB really put me off, and it was between two of us, so 350 each, which is still a lot....but not as bad as it could be.
10 years on, and I still harbour a grudge against the cunt though. I should have known it was coming, as when I moved in he was showing off to me about how he kept the previous tenants deposit.
Same happened with me about 10 years ago, though not family. CAB said that it's very common, and you can go to the small claims court but they can only give an order for the money to be paid back. The landlord still has to pay up, and often they ignore it. CAB said that it's ultimately not worth the hassle. Depends how much you want it back. Mine was 700 quid so a lot, but not the end of the world. Rules around letting may have changed since then, so speak to CAB first. That sounds really s**t Did you end up going through with the hassle Nope, the woman at the CAB really put me off, and it was between two of us, so 350 each, which is still a lot....but not as bad as it could be. 10 years on, and I still harbour a grudge against the cunt though. I should have known it was coming, as when I moved in he was showing off to me about how he kept the previous tenants deposit.
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ak47tos
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Posts โข 147
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October 2007
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House deposit, by ak47tos on Apr 15, 2008 15:06:37 GMT 1, Freeze cat p*ss and post the cubes thro the letter box at night. Repeat indefinitely as it takes ages to work out where that smell is coming from! Agree dont pay last months rent Agree Judge Judy'll sort it
Rules have changed since the introduction of the Tenacy Deposit Scheme but this tenancy sounds as though it falls out side of this bracket. This legislation brought in last April was to stop this exact thing occuring.
Two starting points for any deposit dispute are the tenancy agreement (which will normally require the tenant to return the property as it was found subject to fair wear and tear) and the Inventory Check-In report.
If you have an inventory (check-in) it should be fairly straight forward. Failing that you could be left short of options. Best thing to do would be to get a fairly heavy solicitors letter drawn up. Go for the scare tactics. If you don't have any mates working at Solicitors offices why not just make one up, put it on company letter head and see what happens.
Freeze cat p*ss and post the cubes thro the letter box at night. Repeat indefinitely as it takes ages to work out where that smell is coming from! Agree dont pay last months rent Agree Judge Judy'll sort it Rules have changed since the introduction of the Tenacy Deposit Scheme but this tenancy sounds as though it falls out side of this bracket. This legislation brought in last April was to stop this exact thing occuring. Two starting points for any deposit dispute are the tenancy agreement (which will normally require the tenant to return the property as it was found subject to fair wear and tear) and the Inventory Check-In report. If you have an inventory (check-in) it should be fairly straight forward. Failing that you could be left short of options. Best thing to do would be to get a fairly heavy solicitors letter drawn up. Go for the scare tactics. If you don't have any mates working at Solicitors offices why not just make one up, put it on company letter head and see what happens.
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House deposit, by fatherxmas on Apr 15, 2008 15:10:26 GMT 1, mate sounds like my s**t hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done s**t all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little f**ker... the house was a bombsite when i moved in.
No offence but why take it "if you describe it as a bomb has hit it. i consider yu a pain in the arse sort of tenant. your happy to move in cos its cheap but then demanding the world. i agree it should have all the nescessary safety items like fire check doors, smoke alarms, heat detector in the kitchen but to start wineing after signin he contract is a bit of a CU NT I would just ask for you to move out, unless oure tring to get a free roof over your head.
mate sounds like my s**t hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done s**t all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little f**ker... the house was a bombsite when i moved in. No offence but why take it "if you describe it as a bomb has hit it. i consider yu a pain in the arse sort of tenant. your happy to move in cos its cheap but then demanding the world. i agree it should have all the nescessary safety items like fire check doors, smoke alarms, heat detector in the kitchen but to start wineing after signin he contract is a bit of a CU NT I would just ask for you to move out, unless oure tring to get a free roof over your head.
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funyoung
Junior Member
Posts โข 1,040
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February 2008
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House deposit, by funyoung on Apr 15, 2008 15:10:59 GMT 1, This sort of problem is why we have the Deposit Protection Schemes in this country. www.rla.org.uk/landlord/tenancy_deposits/?gclid=CLS0zY2f3ZICFQhE1AodxTVL-g
Wouldn't effect you as you started 5 years ago but wanted to make sure everyone else reading understood.
What are their grounds for keeping the money if they were planning a refit anyway. I agree with whoever above said - get another family member (impartial) who can liaise between you or use the CAB.
This sort of problem is why we have the Deposit Protection Schemes in this country. www.rla.org.uk/landlord/tenancy_deposits/?gclid=CLS0zY2f3ZICFQhE1AodxTVL-gWouldn't effect you as you started 5 years ago but wanted to make sure everyone else reading understood. What are their grounds for keeping the money if they were planning a refit anyway. I agree with whoever above said - get another family member (impartial) who can liaise between you or use the CAB.
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House deposit, by richy00 on Apr 15, 2008 15:19:51 GMT 1, mate sounds like my s**t hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done s**t all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little f**ker... the house was a bombsite when i moved in. No offence but why take it "if you describe it as a bomb has hit it. i consider yu a pain in the arse sort of tenant. your happy to move in cos its cheap but then demanding the world. i agree it should have all the nescessary safety items like fire check doors, smoke alarms, heat detector in the kitchen but to start wineing after signin he contract is a bit of a CU NT I would just ask for you to move out, unless oure tring to get a free roof over your head.
when we moved in he promised all the work would be done.... thats why we moved in, also it is 30 seconds from the lecture center and im lazy...
mate sounds like my s**t hole of a house, the house isnt legal at all, no fire doors, no alarms, no security no nothing... i have 3 months left on the lease but the land lord has done s**t all about it. the deposit isnt held by him thankfully but if he even tries to get any cash back i will kill the little f**ker... the house was a bombsite when i moved in. No offence but why take it "if you describe it as a bomb has hit it. i consider yu a pain in the arse sort of tenant. your happy to move in cos its cheap but then demanding the world. i agree it should have all the nescessary safety items like fire check doors, smoke alarms, heat detector in the kitchen but to start wineing after signin he contract is a bit of a CU NT I would just ask for you to move out, unless oure tring to get a free roof over your head. when we moved in he promised all the work would be done.... thats why we moved in, also it is 30 seconds from the lecture center and im lazy...
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House deposit, by fatherxmas on Apr 15, 2008 15:22:14 GMT 1, 30 seconds from lectures, you should of got a place 30 seconds from the boozer, which might have been a lil more expensive but at least you wouldnt have these problems. Did the landlord put this information in writing i.e. everything would be fixed? If not, a lil screwed. soz dude If you are looking for stuff to rent in Nort, North west, West and east london give me a shout. But liek they say, you get what you pay for, DSS need not reply xx x x x x x x
30 seconds from lectures, you should of got a place 30 seconds from the boozer, which might have been a lil more expensive but at least you wouldnt have these problems. Did the landlord put this information in writing i.e. everything would be fixed? If not, a lil screwed. soz dude If you are looking for stuff to rent in Nort, North west, West and east london give me a shout. But liek they say, you get what you pay for, DSS need not reply xx x x x x x x
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