The Haunted

Christmas and credit cards... and so it continues.

OK, I see all of the Signitures now, panic over

Appers to be down to 98 now, I don't get it. I hope the admins are playing fair, has anyone tried to get some news coverage of the 2 petitions? I bet someone would be interested.

Streeeeeee ike! Its done.

Took the words right out of my mouth Thomasross20. No one made me not buy a house that I could not afford to keep if times were hard, no I did that of my own free will because I thought about it and thought about the risks. Dear struggling house owner, please don't expect my tax money to bail you out because you are too stupid to think for yourself. I have had to rent for several years now and if it is good enough for me its good enough for a muppet like you.

"We recognise your concerns about the potential consequences that could arise from 'buyers acting rashly in the current market', however, we do not feel that owners or potential buyers of homes would consider this programme as a substitute for professional advice." Have they met the average person in the street?

Well done FP and thanks.

'It's unfair to make an offer in line with the asking price and then demand a reduction at the last moment." Its also unfair that house prices are 5 and 6 times the salary of most people. Gazunder away, I know I will

This stuff is pure gold and goes to show where part of our taxes are being squandered. I would love to see this on a web site in its own right that challenges the government to justify both the roles and their salaries.

I can't see how lowering interest rates will help at all. All lowering interest rates will do is spead up the decline of the Pound. That could have been good a long time ago when we used to export things but not any more. It's too late to avoid recession, the government failed to steer away from that iceberg in 2005 and now the turning cirlce of the HMS Economy is too great to avoid a collision.

If the Pound weakens against the Dollar what presure will that put on inflation and fuel prices. Imagine if oil was $122 a barrel when the pound was only worth $1.55. Eeeeeeek!

Another update: I have been offered £1050 of my £1500 deposit, the remaining £450 has been accounted for by estimates for work to be done. Given that I was prepared to write-off about £300 because you always have to I am going to settle. Even though £450 is excessive there is an element of risk when you go to the small claims court and to be honest the time, effort and uncertainty are worth something to me too. Loosing £450 is acceptable, though it is on the border. Settling will give us some piece of mind and allow us to move on.

Here is a copy of the letter, feel free to use it. Subject: Impending court action regarding deposit dispute Dear thieving gits, Further to my previous letter dated 20th December 2007, I have received no response and can only assume that you have declined to accept my offer. After seeking legal advice I have been advised to make this final communication prior to initiating court action against you. Therefore, be advised that the relevant court forms have now been prepared and will be submitted to the county court fourteen days from the date of this letter unless I receive a cheque for £1250 before then. I would like to remind you that tenants have rights as well as obligations. You, as a landlord have obligations in addition to your rights. This is also in relation to deposits. Deposit must not be regarded by landlords as an extra rent only to be returned reluctantly or used to actually improve the condition of the property. Good practice requires that landlord keep deposits in a separate client account, provided client with written statement detailing exactly what the deposit covers and when the money will be returned. Could you please provide evidence that you have adhered to these standards? Additionally, you should be aware, that the amount retained should only be equivalent to an amount needed to replace “like with like”. For example, if the carpet was a bit worn out at the start of the tenancy, the landlord cannot expect to retain the amount that would pay for brand new carpet. I advise you to look on the ARLA web site, which has a very useful section regarding deposit releases and working out amounts for damages/compensation. E.g. you cannot have replacement value for anything even if it was brand new at start of tenancy, as this would be regarded as "betterment". You can only have a percentage value dependant on condition at start of tenancy (which you must prove using the inventory from the start of the tenancy) and expected life of the item. I would also like to draw to your attention that you cannot withhold the deposit for general “wear and tear”. Landlords must redecorate the property from their own expenses and tenants are only held liable for damages, which create additional costs to the landlord. Deposits are not there to provide redecoration fund. You should also allow tenants the opportunity of remedying any defect before charging for it, this was not given as an option, and you should in any event have prepared a dilapidation schedule. You should also have the relevant tradesman available to at least give a written quotation (not an estimate) or receipts for work carried out to enable you to readily account for deductions. Again these details have been lacking and you now have new tenants in the property. Landlords must remember, as it is the tenant’s money, they have to account for it properly. It is a very common misconception, that the deposit belongs to the landlord- it is not so and withholding of it without proper validation is illegal. My understanding is that the onus is on you to prove that there were circumstances justifying the retention of the deposit, not on ourselves to prove that we are entitled to its return. Unfortunately, you have failed to provide any relevant evidence. On the other hand, we are in a position to demonstrate that it was unreasonable for you to keep our deposit. Again, I would like to remind you that we expect your reply to arrive no later than within a fortnight of the postmark. If no reply is received, county action will be instigated. The court can order you to pay the deposit back and the proceedings are very straightforward. You may also be ordered to pay our court costs and expenses. I should also make it clear that if we are forced to take this matter to court we will withdraw our offer to allow you to retain £250 and will be seeking the return of our deposit in full, i.e. the return of the entire £1500 deposit. We sincerely advise you to comply with our request. I am reliably informed that the courts are very sympathetic to tenants whose landlords do not follow good practice guidelines, including professional inventory clerks for inventories and check-outs, and do not fulfil statutory requirements regarding issues of deposits. We are looking forward to hearing from you within 14 days. I hope it helps!

Love this: "Well done with the NR - someone suggested we try them as apparently they're crying out for customers at the moment!" It really begs belief. You can not have your cake and eat it no matter what everyone else says. Time to pay the piper. Kids I feel sorry.

Quick update: I have since sent two letters to the LLs as recommended by Shelter. These letters show the Judge that you have tried to resolve the situation in a reasonable manner before going to the SCC (small claims court). The first letter was a polite but firm request for the return of the deposit, the second was more of an ultimatum regarding the return with some supporting facts and details of the process and the LLs obligations. I am happy to post this if anyone is interested as it may be useful to others. I have yet to receive any response (as anticipated) and will be looking to instigate SCC action at the end of the month. On the bright side the letting agent actually said to me "They are taking the p1ss really and you will have no problems in the SCC". He also told me that they chose to opt out of the tenancy deposit protection scheme (or whatever its called) so the new tenants have the same shonkey hand written inventory we had. My word, they are an exciting couple really! I should imagine that the courts will crucify them if the new tenants have a dispute.