Getting My Deposit Back - more LLFH...

[LittleMissHissyFit]

So am battling with the Landlady from Hell, am out of her house a month and still no sign of my deposit.

She's refused the submission once and currently ignoring the second claim I have put in. I gave her 24 hours to pay up or I'd take her to court. The next day I got an email from her Solicitor saying that she was no longer instructed. In 2 minds as to the significance of that.

Got a 'letter' from her yesterday.

Booker Prize for Fiction more flaming like....

The list of stuff against me is mindblowingly idiotic! She's even accused me of taking the Oven Shelves!

Now her original inventory seems not to be worth the paper it was written on, in that it was scribbled notes on a professional inventory prepared, I think, at least 3 or 4 years ago.

It was not produced for me, I was never asked to sign a copy of it and things like crockery, glasses etc were not counted at the time of check in.

Despite my notice letter saying 12.00, 3 emails to her solicitor stating 12.00, she arranged her henchwoman mate to rock up, with an almighty attitude, at 11.30.

LLFH, along with the Fairytales inventory letter, has 'produced' a letter, clearly faked, that she reckons confirms the 11.30 check out. This letter's dated 16th April, yet refers to a reminder that telling my neighbours I'm being eveicted for non-payment of rent is Slander and would not be tolerated. My email to the solicitor regarding the Slander wasn't sent until 23rd April.... The letter I actually received has no mention of any times at all. Not a single paragraph on either letter matches the other. The only consistent details are the To, and the From details.

It is all an utter farce... but one I have to put up with for the time being to get my flaming deposit back.

She is disputing £250!!!! As IF!

The woman is a loon if she thinks she can be this stupid and get money out of me.

So the Deposit protection people advise going for a Single Claim. I have to fill in a Statutory Declaration, get someone approved by the Law Society to sign and witness it, and send it back.

They then send it to her... if she does nothing for 14 days, I'll get paid automatically, if she comes back, and agrees to go to arbitration, they will ask for evidence to support her claim for the deductions. Their decision is final. No appeal.

What kind of evidence do I have to put in with the Statutory Declaration? The texts of her intimidating me, all the communication I have received and sent?

The DPS said they couldn't tell me specifics. But there is SO much information against her, I have no idea what is actually relevant.

The fact that she didn't register my deposit with them for 9m is now relevant too. The DPS advise that the fine for this is 3x the deposit, but I've heard that it can be hard to get a judgement against LL... The DPS say this isn't the case... Not sure if anyone has any input? I'm inclined to think that this LL needs some serious sorting out, that she simply can't be allowed to get away with all of this without coughing up some of the pain she has given me.

How do I actually go about initiating the court thing to get her fined? I know I have 6 years to do it, so I can get this deposit thing back and sorted then start on the other.

Any advice, experience? Please share.

Many thanks

[skihorse]

I'm not a lawyer - but I am currently going through a court battle with my ex-LLFH!

I've got her by her metaphorical nads on a lot of stuff, but it definitely includes the bollocks she's giving you. E.g.,:

1. Her dates are left, right, centre, upside-down and all over the place. Make a clear and chronological list of the dates, indicate where these contradict each other.

1. The initial inventory. It wasn't signed & dated by you? Absolutely no bloody evidence whatsoever. Put in plain black & white that you were unaware of this inventory and not asked to witness or sign anything.

1. Exit inventory. Again, you were not present and not asked to sign/bear witness to anything. Because of this she is unable to prove that any damage/theft/fairy-action occurred between the time of your vacating the property and "now". E.g., does she have photographic evidence? No? Ooops. Mine claimed to have photos and an "exit survey" - which is funny really, as I have an email from her refusing to do the exit survey AND she is now unable to provide photographic evidence...

1. Protected deposit scheme. Sorry, I don't know anything about this (I'm not in the UK) - but I know it's taken very seriously.

1. If she's saying you've not paid the rent, provide evidence you have. An original bank statement would be the best. Backdate for the entire duration of the tenancy if you can. Also from a "legal" POV, I can't see that a letter to your neighbours could carry any weight whatsoever. If you're being "evicted" then this requires a court process... not a badly typed letter!

To save going back and forth, make sure you submit ALL paperwork and timelines the first time.

Best of luck - it does seem a palava for 250 quid but it sounds like she needs a good bitch-slap!

[skihorse]

PS The fact that her ex-solicitor says she's no longer acting on her behalf would (to me) suggest that your LLFH doesn't pay her bills... a solicitor would happily fight the case if she were getting paid!

[LittleMissHissyFit]

Thanks ski!

1. the Initial check in - was not done comprehensively, I was sent a copy, but not signed by me, only dated and signed by her.

1. The Exit - she sent her 'mate' to do it, the mate took pics, but again, the inventory was only scribbles on top of an old inventory, that had been annotated before and merely copied for 'my' check in.

Are you saying to deny even having the check in inventory sent to me in the first place? I didn't take my copy to the check out, as I knew it wasn't worth anything in real terms... so not to legitimise it in any way, I left it in the file I have on her.

She is also trying to say that I didn't give back the other key for the mailbox, and therefore she has had to replace the box... but she had already bought a mailbox, she got the locksmith to fit it.... so she must have psychic powers then... knowing that she'd need to replace the box...

She apparently did say about the rent not being paid, to her mouth-almighty 'mate' that lived on the square, who told everyone. I merely wrote to LLFH solicitor to let her know I was aware and to threaten her on the Slander. I can't be arsed to do anything to the actual neighbour, nor even to her, but hoping it will just inform the DPS/court what kind of 'creature' I've been dealing with.

[LittleMissHissyFit]

Your LLFH, her initials aren't KW by any strange chance????

[skihorse]

I would deny the initial inventory - you weren't there, she can't prove you were there.

The exit one - again, where were you? YOu didn't sign anything - and you can say because you weren't consulted about an alleged first one then you weren't able to sign it because you can't compare begin-end.

What are the dates for the replacement of the mailbox? Before the end of your tenancy?

I'm not sure what to say about the keys... I had planned to give mine back at the exit inventory - which of course she refused to give me. So I binned the keys as she was being a cunt. Obviously I said that I'd put them through her letterbox the day I left... she can't prove otherwise.

My LLFH is not in the UK.

[LittleMissHissyFit]

Ahaa, you in NL.. I have heard of the dutch LLFH... a mate of mine had horrors with hers, still is, years on! Letting agent didn't pay bills, they have people knocking on their door for bills they have paid, but the cash never got to the utilities IYKWIM...

She replaced the mailbox on the day I checked out... but then in the letter she wrote me last week, (though she's pretending it's from the week after I left) She says that AS I didn't return the key she was therefore forced (i.e as a result of my failing to hand over keys that day) to (subsequently) replace the mailbox.. but she'd already bought the mailbox, it was actually at the property before I was... cos they went at 11.30 when I booked them to be there at 12.00

Nah, can't do denying being there, already emailed her ex-solicitor and complained about the timing, the attitude of her henchwoman etc...

I can deny ever being sent one though... she absolutely can't ever say that I did.... but as I said, tis not worth the paper it's written on anyway...

[skihorse]

My final court date is supposed to be next Thursday but I might be called before the judge... this suits me just fine as I'll be 8 months pregnant! Might need to sit down and fan myself... clutch my bump... you get the drift!

If she's lying about the dates on the letter, say that you don't agree with the dates on the letter and ask that she submit proof of posting. My LLFH also made some claims back in december but has now submitted evidence dated May... ummm... OK then! The judge is not stupid!

If you're on good terms with any of your ex-neighbours, see if it's possible for them to sign a statement attesting to the fact that the mailbox was seen being replaced at 12pm on the day you vacated the premises...

I've done something similar. My main reason for moving out before the end of the contract was that I was working from home one day (bf out of the country and I was normally at the office) when her husband just walked in and I was in my pyjamas. This indicated a clear lack of respecting our privacy... anyway - it transpired that they were showing people around the house without booking an appointment with us or clearing it with us first - and I got a potential tenant to write a statement saying "he said don't worry about informing skihorse, I've got the keys, we can go in any time".

[LittleMissHissyFit]

Oh yeah love, good thinking, milk that bump for all it's worth!! All this needless legal action has been so hard for me, your honour,

You got people to support you at court? I have friends in Leiden, Almere and Bergen op Zoom, if you need anyone, I'm sure most of them would rally to help a friend if she needed a hand holding!

Hey, good thinking on the statement regarding the mailbox ski!!! I only bumped into the nicest neighbour yesterday...I know she'd agree to that!!

on the walk-in! I know from my neighbour that the llfh did that to the tenant before me, and removed things too. She tried it with me too, but I got to the locks first!

[skihorse]

Thank you for your very kind offer but I'll be OK. It shouldn't actually go before the judge and if it does... well I'm just a heavily pregnant single-mother-to-be with no friends or family around for support. Woe is me etc!

As I'm unmarried my solicitor actually has said that I'm going to be a single mum... kinda true I suppose.

The whole "walking in" thing left me really, really shaken. He'd come around with a mate on the pretence of fixing a leaking cistern - so they'd have gone straight up to the bathroom - what if I'd been in the shower? They (LLs) tried to say that they'd agreed the night before with my bf to come over the next morning... we were able to submit evidence from the airline showing he wasn't in the country. The truth will out!

[LittleMissHissyFit]

Shocking to think that people think they can do this...

I've just written 8 pages of 'response' to her pack of lies.... just going to give it to the deposit people, let them deal with it. No point in giving it to her, she's utterly unreasonable.

As you say the truth will out....

Good luck to you for Thursday!!

[skihorse]

What's your news with this?

[LittleMissHissyFit]

Still no further forward.... have done the statutory declaration, it's awaiting LL response....

Including the waste of paper inventory report, I submitted 60 pages to the DPS...

She has 2wks to respond....Then I'll see what we have to do next....

I have asked for the non-disputed amount to be released in the interim.... I so desperately need that cash back now....