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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to be taking my ex landlady and letting agent to court?

35 replies

AnarchyAunt · 21/07/2009 11:47

'Cos I have major cold feet.

I lived in a rented house for three years with an incompetent absentee landlady who used an equally incompetent letting agent. I moved out in March after some serious problems with disrepair.

I had a fair few threads about it at the time - we had no heating, dangerous rotting windows/frames, a shower that they'd employed some cowboy to fit that wasn't earthed , dodgy wiring throughout, leaky roof that fell in when we were fortunately away for a weekend and much more. Environmental Health got involved and started enforcement action against the landlady, and the disrepair was so bad we were told we were in effect homeless as it wasn't reasonable to continue living there. But suing over disrepair is difficult and you have to prove actual loss or injury, so I decided not to bother.

I was locked into a 12 month fixed term tenancy and took legal advice about breaking the agreement - I just wanted out but couldn't afford to risk losing my deposit or being made liable for rent on two houses. Found out that my deposit should have been in a protection scheme which seemed like a good thing what with my criminally negligent landlady and all that. I wrote to the letting agent who had it and asked him to put it in a scheme and heard nothing. So I started court action against the landlady and letting agent in January asking for my deposit to be put in a scheme and for the 3x deposit penalty to be paid to me. The agent just refused point blank to protect it despite the legislation requiring him to.

I managed to move out when the tenancy ended in March and the letting agent gave me my deposit back a week later. The court hearing is coming up this friday and I have cold feet and feel like I should maybe drop it. But then I think, hell, they could have killed one of us with their penny pinching and refusal to do repairs, they should bloody face some sort of consequence. But then I think, well, its past now, I had the money back in the end, I'm well out of the house and situation, why not just let it rest.

OP posts:
Tamarto · 24/07/2009 18:37

Well done, happy spending.

racmac · 24/07/2009 18:42

Brilliant news - you may now need to enforce your judgment though !

TheChilliMooseSpeaksTheTruth · 24/07/2009 18:44

That's fantastic news. Well done

AnarchyAunt · 24/07/2009 18:58

Yes no point counting chickens (or something) 'til they pay up.

But surely a letting agent who runs his own business can't risk an unpaid CCJ being enforced?

Didn't expect dodgy landlady to turn up as she lives in Japan but letting agent's office is only about three doors down from the court

OP posts:
weblette · 25/07/2009 11:22

Excellent news AA. Hope the money arrives pronto.

Tortington · 25/07/2009 11:29

well done, the whole thing is very impressive

TheProvincialLady · 25/07/2009 11:30

Brilliant, well done! What will you spend the money on? I hope you will treat yourself with at least some of it.

I will be your bailiff if you like (5'2", 7 stones)

AnarchyAunt · 25/07/2009 14:59

Was thinking of sending 6yo DD to be my bailiff. She is small, blonde, and has a bossy voice, scary growl, and truly terrifying stare [quakes]

The money (if it ever appears) will go towards a decent vehicle, but also I will put some aside for DD for when she is older. Never had the money to save for her so I'd like to do that now.

OP posts:
JollyPirate · 25/07/2009 15:03

Good for you AA.

MrsChemist · 25/07/2009 15:14

Well done. Hopefully, you taking a stand will make them realise that they cannot get away with breaking the law.
You should get a big MN posse to be your bailiffs

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