Dr Elk

Its a slightly different case here as its lodging, rather than normal renting. The landlord has far more right than in a normal AST as it their home as well. This can be a major pain in the **** depending on the landlord.

Small claim court seems the way forwards. I had to go down that route with my last tenancy, sent a letter before action giving a deadline to pay and heard nothing, sent a second re-iterating it and they paid up. I think that usually the landlord caves in before it even gets to court.

Better than that....(just an example, mind) A dodgy mining company digs paydirt out the ground, bad safety practices lead to industrial health issues for the workforce, bad environmental practices denude an countryside of trees and wildlife. The GDP figures will now have; the money from selling the paydirt, the wages of the employees, the wages of the dodgy management, the lawyers fees from sueing said management, the healthcare costs from treating the employees the rest of their lives, the fines levied at the company for polluting, the lawyers fees, the costs of cleaning up the countryside, and perhaps the prison guards wages if they get sent down for it.

Don't be so neighgative.

It'd be much simpler if we just banned the unqualified use of the word 'average'. So we don't need to guess if its mean, median or mode each time something like this is posted.

Don't agree to it. When the AST runs out you'll automatically go onto a statutory periodic tenancy, in the past I've been on one for 5 years without a rent increase.

Screw them, the inventory is for their benefit, not yours.

Can you still take it to the small claim court?

I can understand why they would want to check AFTER on offer has been accepted but surely not before. Anyway isn't it illegal to not forward on written offers to the vendor?

I would proceed using the notice date you think it is. It must be from when you posted the letter rather than when she read it as otherwise you could avoid notice by not reading your post. And always assume your in the right, landlords and letting agents can be b*****ds, and don't hesitate to threaten legal action if she tries anything on.

Have you ever read the book 'Cryptonomicon'? It's about what you've just suggested. A privately started gold backed e-currency run from an encrypted data haven.

You really don't. If there is an unreasonable number of viewings just tell them to stuff it. The TDS won't care that you did.

Hi Cash Sorry to hear your landlord is a c0ck smoking f*cktard. The landlord has to fix structural problems. Make sure you only communicate by letter with proof of posting, it'll come in handy when you take them to court. http://www.adviceguide.org.uk/index/your_family/home_and_neighbourhood_index_ew/renting_a_home_index_ew/getting_repairs_done_while_renting.htm

That's a coincidence, isn't £58 exactly the same amount that you charge for listening to EA n**heads?

When I see unsold properties on the rightmove where the seller is raising the price, I instinctively think numpty. It makes it look like they're not actually trying to sell the place.

If the landlord wasn't actually living there, then isn't it a common law AST, even if he signed a lodger agreement? I think its important to know if the landlord was actually living there, not just claiming to be living there. If its the case he wasn't living there then proceed with telling his mortagage company he's been letting it out and sue for unprotected deposit. As far as deposit goes... threaten with small claims court, landlord has to prove losses. If there's no inventory then its home free. p.s. A point worth mentioning, conduct all correspondance through registered post. You can get a proof of posting certificate free from the post office, to save sending it recorded delivery each time.

Hi Mark You can always just refuse the rent increase, then they would have to evict you. They probably wouldn't call your bluff as the lost rent from having a void will far outweigh any increase. Elk

As far as I'm aware the other side can claim costs if you lose, but in the small claim court this won't cover solicitors fees. I'm not sure however so it is worth checking, some of the other guys who have actually been through it may be able to confirm.

Hi tochinoki Good luck with everything, stick to your guns and don't consent to any deductions. I've just got a full deposit back (from before the tds) even though the agents were being dicks. Its YOUR money, they have to prove any deductions. As far as getting some rent back for the place being uninhabitable, I'm very interested to see how you get on. A girl where I work is going through a similar thing and any advice or tips you pick up would be helpful. elk p.s. try to only communicate by letters with proof of posting, you can get a proof of posting certificate for free at a post office when you send something first class. Much cheaper than recorded delivery.

Well they've finally replied to the last letter I sent. Sent a cheque for the full amount, with no apology and no mention of deductions. A lesson learned to always avoid letting agents and never ever consent to deposit deductions.

Hi Flopsy The recorded delivery says its still being processed in the net-work, but speaking to other people this usually means they just haven't got a signature but it has been delivered and courts will accept proof of posting. I said I would start court action by 20th Jan. To play it safe I have sent another letter today saying pay up in two weeks and got proof of posting.

Just an update for anyone interested... Wrote to letting agent enclosing final bills and proof we'd paid them stating we have now discharged all our obligations and expect deposit paid in full within two weeks. -No reply Sent a letter before action recorded delivery to landlady, care of the letting agent (their address is the one on the agreement*) giving them one month (Jan 20th) to pay deposit in full. -No reply So it looks like court time. I'll going to continue to update the thread for anyone else who's tenancy predates the TDS. * Interestingly the land registry gives the landlady's address as the place we were renting.

Thanks everyone for the replies. Its a real shame as prior to this they have been quite good. Never the less I won't be accepting any deduction and am willing to fight. I've e-mailed the letting agents on the last day of the tenancy for the landlady's address as per the Landlord & Tenant Act 1985, if they don't respond I'll report them to the Tenancy Relations Officer at the council. I'm going to try taking the landlady rather than the agent to court as I don't think she'd would like the hassle. It does annoy me that after nearly 5 years the letting agents are being this petty.

Thanks for they reply, its much appreciated. I don't have an inventory agreed on for the start of the tenancy so it is just our word vs. theirs. I'm trying to get the address of the landlady and will try the threat of court action if they withhold anything. Unfortunately we predate the TDS and the tenancy has not been approved post 2007 (was on rolling contract) so we can't use that method. I figured HPC would be a better place for practical advice, its early days but I have a feeling they might try something on.

Hi all I've recently moved out of a flat I've lived in for the past 5 years. We cleaned it throughly, but at check-out time the letting agent wasn't happy with the job. I maintained it was no worse than when we moved in and anything else was fair wear and tear, he said it was and they would hire a cleaner from our deposit money. I'm looking for advice about how successful I'd be in disputing it and getting the full deposit back. We did not sign an inventory when we moved in, during the check out I refused to consent to any deductions and the tenancy pre-dates the TDS. Thanks in advance for any help Elk