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About Flowerpot

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  1. Oh, I thought it was a different process for a counterclaim. That's where I was going wrong!
  2. Hi All, We (Mr F and I) have just received a claim form for possession (N5) though the post. This will be our second court experience and we are happy with how to make our defense. However, this time we really want to make a counterclaim for non protection of deposit. I have trawled the internet and cannot find which form we need to use to do this, or any tips on how we go about doing this by way of a counterclaim. Has anyone successfully made a counterclaim for non-protection (or any other counterclaim) and if so, any tips? TIA
  3. My one and only experience of renting has been a completely hideous experience. I am in my early 40s and until now I have always either had my own place or stayed with family. I found this place via gumtree as I wanted to avoid the expense of agents admin fees. I am in a studio flat in an HMO with my husband whilst we attempt to save for a place of our own. LL is utterly unprofessional and the experience has been a real eye opener. I can't quite believe that LLs can get away with so much nonsense! Still I've learned a lot about housing law since coming here and am keeping my fingers crossed that the judge awards us x3 our deposit when we end up at the county court in the next couple of months!
  4. Where I have been looking in Surrey fees seem to be: £180 for first tenant £100 for additional tenants £100 check out fee I have been told that reference checks are £60 per person. The rest (£160 in my case as I live with my partner) is for "preparation of the lease" I imagine that "preparation of the lease" equates to adding a few details onto a lease template document and then printing it off! Daylight robbery!
  5. You can use driving license, bank statements, HMRC comms for proof of address. I've not had any utilities in my name for the last 1.5 years and not had any probs opening accounts. Also for NHS purposes... in larger towns there are often walk-in clinics now. If you take ID they will treat you for small things. I've had flu jab and ears syringed at a walk-in clinic whilst being registered at another doctors only 30 miles away. Not sure how it would work for chronic conditions though.
  6. Thanks for replies. In the end my husband actually went down the bank the following morning and asked them to return the money. Which they have done. We decided that as she had not actually communicated with us (and still hasn't) that she was going to put money into the account we didn't want to keep it. It is just guess work that it is a deposit return. (I like the idea of thanking her for the Christmas present but then I would have acknowledged receipt of the money which I didn't want to do). We don't really want lump sums arriving in our account without any documentation saying what it is for. She won't know why the money has bounced. My husband has closed his account now so she won't be able to do it again. Don't know how this will be seen in court but we will just say that the unexpected deposit made us uneasy so we returned it (which is true) We will definitely claim for the LL not protecting the deposit. The amount of grief we have had to put up with over the last few months we deserve it!
  7. Hi All, My landlord has just deposited a lump of money into my husband's account. The amount is equivalent to a month's rent. The landlord did not tell us that they would be doing this and they have not said why they have done it or what it is for. My husband just noticed the money when he was checking his account. We suspect that the landlord intends this to be the return of our deposit. We are currently in dispute with LL who is trying to get possession. We had been advised that as our deposit was not protected the landlord had forfeited the right to give notice. My questions are: 1. Wouldn't the landlord have to tell us that they have returned our deposit? Or can just putting money into someone's account without articulating what it is for amount to a deposit return? 2. If this does count as deposit return can the landlord now use the accelerated possession procedure? 3. If this does count as a return of deposit, does this prevent us from making a claim that the landlord failed to return our deposit. 4. Should we just pretend we haven't seen the deposit or demand to know in writing what it is for? Obviously we could just ask the LL what they are playing at but LL is underhand manipulative liar and if at all possible I don't want to disadvantage myself by admitting I have received the money.
  8. We received the details of the claim today. It seems that the LL is claiming anti-social behaviour which explains why we got a court date so quickly as she has asked for the case to be treated as urgent. Some of the claims that the LL has made are astounding and completely fabricated I was utterly lost for words when I read it. I have typed up all the text messages and will submit them when we put in our defence form.
  9. Hi Fa Fa, Not ruling out telling the HMRC but want to get the stress of our present situation out of the way before starting anything new. We've got our court date now (three weeks time) so that should be interesting. Fingers crossed the judge will look at the texts because they really paint her in a bad light. Have decided to try and stay chilled. The worst that can happen is having to pay court costs, a rather hasty upheaval and worst of all a really smug LL!
  10. Yes my BF lived in London for 15 years and said that he had never had to pay "admin" fees when moving. Where we are looking now (South East (not London)) the "admin" fees seem to be on average £180 for the first tenant and £100 for each additional tenant (there's 2 of us) plus £60 each credit check plus £100 "check out fee" when you finally have to move on again which I am told covers inventory costs. So total moving costs actually £500! When I ask what the admin fee covers I am told that this covers sorting out contracts and reference checking (must take all of 15 minutes). We've tried to barter but there's always some other mug who will pay so no luck there. Only option is to go through Spareroom/gumtree or there are some online agents who don't charge admin fees but then the choice is limited. It's a racket basically. Shouldn't be legal.
  11. Thanks for your replies, I contacted Shelter this morning and they advised that the nature of the contract cannot be changed by the LL moving into the property. So our Periodic AST stands. They also said that the judge should consider texts as evidence so that is reassuring. I also went to the county court and the help desk lady confirmed that the judge would consider texts as evidence. @ST, we are looking for another place but apart from the lying LL we actually quite like our flat. Round here agency admin fees/credit checks mean that a move costs about £400 and it is really difficult to find suitable accommodation if you are not using an agency. £400 moving costs wipes out 2 months saving so would rather just stand our ground. If the judge finds in our favour it could take her a few more months to get us out as rent deposit not protected! @Fa Fa, Landlord has been dobbed into the council. They are looking into it.
  12. Hi all, This is my first post. I've lurked for ages (eagerly awaiting a HPC) but now having LL problem and wondered if anyone has any thoughts on my situation: Moved into a bedsit in July last year (own kitchen and bathroom) in a house with 5 other self contained flats. Was advised by LL that it was a "bed and breakfast contract". When we moved in LL did not live here. Following a disagreement with the LL she gave us 30 day notice. We went up to the council who told us that in fact we were on a periodic AST and that the notice that the LL had given us was not valid because we should have been served with a section 21 and because our rent was not placed into a rent deposit scheme. LL then kicks out 2 of the other tenants and moves back in to the house into one of the downstairs flats (or rather pretends to move back in) and she starts to pretend to everyone (including the council) that she has always lived there (and she has always had post coming here). She then serves us with a one month notice that would apply to us if we were tenants with basic protection (tenants who live in the same house as but do not share living space with the LL which also means that she would not have to put our deposit into a scheme) Our month notice is now almost up and she is saying that she will be applying for a Possession order from the court. It is likely that she will lie in the application and in court to say that she has always lived at the property. We do have some texts that prove that she was living elsewhere for the first 5 months that we lived at the property and that she moved back in to the property following our disagreement. My questions are: 1. If our tenancy started off being an AST can she change the nature of the tenancy by moving into the property. 2. If she is prepared to lie in court, would text messages be admissible in court as evidence to show that she is lying.
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