Taking Landlord to Small Claims - Counter claim received

[jr9355]

Hi everyone,

I'm just looking for a bit of advice regarding a previous landlord.

Upon leaving the flat, I completely cleaned it and had 3 friends up to help make sure it was spotless, which it was.
The landlord of the property took an extra month's rent from me, apparently in error, claiming she would refund it (initially by bank transfer, then by cheque deposit).
On the date of exit, I received notification from her by email that she felt that the state the flat was left in was unacceptable. She stopped the £450 cheque and 2 weeks later sent me an invoice for over £1,000; including a microwave that I had personally brought from my old flat, but which had stopped working, replacing the oven (!!) new carpets, painting the entire house, etc, etc

I was pretty mortified to say the least.

Realising that I wasn't going to get my £450 back and with the threats from her about taking legal action, I took the first step and filed a small claims action for the £450.
She has today made a counter claim (the day before a counter claim had to be received by the court) for the full amount she had previously listed (I will include this at the end, for those who are interested)

The facts of the case are:
She had no authority to take an extra payment and hold it against perceived damage.
The flat was in a terrible state of repair when I moved in, including the toilet not flushing.
No inventory was ever taken or signed.
She constantly refused to repair things like the toilet, boiler, door, etc. I have evidence of all correspondence by email/text.

I have never been to court before and I'm a bit worried about what will happen and that I might end up being responsible for this huge sum of money that she's claiming, in essence, to bring her flat into a decent standard.

I would appreciate your advice.

PS - This relates to a case in Scotland. I'm aware that certain things may be different South of the border.

Many thanks.


.Cleaning - 7 hours @ £15 per hour
£105.00Painting -
Labour £80.00Paint £71.00
2 new locks and keys - due to not being returned
£95.00Carpets:Main bedroom carpet £96 plus £45 fitting
£141.00Lounge carpet £135 plus fitting £45
£180.00Hall carpet £40 plus fitting £30
£70.00Single bedroom £70 plus fitting £30
£100.00Oven, cleaning company stated it could not be cleaned to anacceptablestandard £120.00Fitting - electrician
£25.00Microwave, beyond saving
£45.00Washing machine, barrel damaged beyond repair, not reported
£189.00Sofas:Black leather sofa, scratches from dog/cat and covered insticky material
£179.00Brown leather sofa, scratches & tears down side andback
£165.00Hoover, you stated blew up but not in flat £79.00TOTAL
£1644.00Less £450.00TOTAL DUE £1194.00

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

*Bump*

Would appreciate any advice.

[Kati]

Re: Taking Landlord to Small Claims - Counter claim received

[MENTION=15129]Crazy council[/MENTION] might be able to advise xx

[MissFM]

Re: Taking Landlord to Small Claims - Counter claim received

As you're in Scotland, do avail yourself of Shelter's free helpline, which has an excellent reputation:

0808 800 4444

http://scotland.shelter.org.uk/get_a...ivate_landlord

It does sound as if the LL is trying to refurbish her house at your expense - which is not on.

She can only claim for specific damage beyond fair wear and tear.

Collect all the evidence you have - including photographic evidence - and put it on a timeline. Receipts and contemporaneous notes/diaries count as evidence. Bear in mind that the judge (Sherrif?) on the day will look only at what is put in front of him there and then, so present your defence in a form that anyone looking at your evidence for the first (and only) time will see very clearly that her counter claim has no merit - perhaps also take it point by point?

But do seek specific legal advice.

Good luck - and if you want to post your ideas up here (suitably redacted) I'm sure the many legally savvy Beagles will advise, too.

x

[Crazy council]

Re: Taking Landlord to Small Claims - Counter claim received

Am not sure how this works in scotland, but the LL would struggle becuase of a few points

She had no authority to take an extra payment and hold it against perceived damage.
The flat was in a terrible state of repair when I moved in, including the toilet not flushing.
No inventory was ever taken or signed.
She constantly refused to repair things like the toilet, boiler, door, etc. I have evidence of all correspondence by email/text.

All above are valid points, but , Out of the stuff listed. was it let as furnished or unfurnished, and was there a deposit paid ????

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

Am not sure how this works in scotland, but the LL would struggle becuase of a few points



All above are valid points, but , Out of the stuff listed. was it let as furnished or unfurnished, and was there a deposit paid ????

It was let as furnished.

No deposit was required and this is reflected in the tenancy agreement:


"4 No deposit is payable for the tenancy of the property. The cost of any dilapidations, damage or cleaning of the property at the termination of Lease will be met by the tenants and the Owner has the right to seek recompense"

"10 The Tenants accept the Premises as in good and tenatable order and the furnishings as good and sufficient for the purpose of the let. An inventory of the furnishings will be delivered to the Tenants and the Tenants have signed a copy thereof which is annexed hereto"

As stated, no such inventory was forthcoming and I raised concerns at the start of the let with the landlord regarding marks on the walls and carpets. I was told that it would be repaired, but it never was. I took pictures at the start of the let for this reason. So I have pictures of the carpets and walls which were marked.

"13. ...the Tenants shall be bound to flit and remove from the premises and to hand them over with vacant possession to the owner in a cleaned condition comparable with the condition in which they received the property at the beginning of the tenancy. "

"14. The tenants are not permitted to stop the payment of the last month's rent as it will be interpreted as premeditated breach of tenancy agreement"
Hence why I didn't stop the standing order, which she then took the final payment and admitted it was in error.

[stevemLS]

Re: Taking Landlord to Small Claims - Counter claim received

If it was a standing order, the landlady didn't "take" the final payment, it is an automatic process under your control

[Crazy council]

Re: Taking Landlord to Small Claims - Counter claim received

hi

Sounds like the LLs set it up to try avoid the DPS,

"14. The tenants are not permitted to stop the payment of the last month's rent as it will be interpreted as premeditated breach of tenancy agreement"
Hence why I didn't stop the standing order, which she then took the final payment and admitted it was in error.

Odd, does the contract state anyware that the LL can take rent ( or overpayments ) as costs for damages at the end of the tenancy.

Does point 4 say any-more. really would need to see the full contract, ( redact your details ) .

Also, point 13, without a signed writen or video agreement, is usualess in real terms, unless the property has been properly damaged/vandelised.

If A LL wishes not to take a deposit, and takes advance rent, then they have to fully document in the tenancy agreement
1. That they will use any advance at the end of the tenacy for repairs
2. How this will be decided/judged
3. Times and conditions for allowing a tenant to sort out anything raised by the LL

Further,

carpets, curtains, and finishings.

If brand new for the start of the tenacy, then you can easly claim for any damages, Not new though, you need an inventory, done properly. wear and tear should be considered before a LL makes a claim against a tenats money. Also, % of faults due to TT. For example, you can not just point to a small mark, and claim for a full carpet,

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

Indeed. Sorry I should have made that clearer.
I did not cancel the standing order because I was worried about the tenancy agreement's statement that it would void the agreement.
However, as soon as I noticed an additional payment was made, I contacted the landlord and she said that she would refund it immediately.

She then text me 2 days later saying a bank transfer had been made.

A few days later, I raised concerns with her by email that it hadn't been repaid. She confirmed it was paid and blamed the bank.
She then emailed me 2 days after I had moved out stating the "cheque" (because it was apparently no longer a bank transfer) had been stopped because of the state of the flat.

I received the cheque by the bank once it had failed and it was dated 2 days after she said she had made payment by transfer into my account.

So she had no intention of repaying by bank transfer and lied about doing so.

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

Many thanks for your help [MENTION=15129]Crazy council[/MENTION]

[Crazy council]

Re: Taking Landlord to Small Claims - Counter claim received

Hi, great, i got what i needed out of that, i will respond fully later or tomorrow,

[Captain Haddock]

Re: Taking Landlord to Small Claims - Counter claim received

I am loving clause 15, which is exactly what the landlord of a friend pulled when my friend said he was moving out. He tried to bill for a new livingroom carpet, an argument ensued and the deposit was retained.

Nice work if you can get it.

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

It was my understanding that it is up to the landlord to prove the condition of the property (by way of inventory) and without such proof, any case for replacement for new items would be betterment.

I shall await the sage that is Crazy council

[Crazy council]

Re: Taking Landlord to Small Claims - Counter claim received

Hi, i just awaiting a confirmation from a buddy, but am fairly certan what the position is.

Quite a few of them terms would not be enforceable, due to the parts the agent or LL has added, I will write up the suggested points later.

Initialy, the contract says, damages and rent due at the end of the tenancy would be recoverable from the guarantor, But there does not seem to be any terms fro allowing the LL to take it out of rent paid. So LL can not do that. The contract seems designed to avoid the protections set up by the DPS scheem.

It was my understanding that it is up to the landlord to prove the condition of the property (by way of inventory) and without such proof, any case for replacement for new items would be betterment.

Correct, unless its a new carpet or kitchen, or new items for your tenancy, then, you ( the LL ) can rely on the the photos from the end of the tenancy

[jr9355]

Re: Taking Landlord to Small Claims - Counter claim received

Thanks CrazyCouncil.

My plan is to go in with chronological records and make my case as:
I moved in without an inventory
I have previously contacted the landlord about repairs (email/text print out proof)
The landlord admitted to mistakenly taking the £450 (email/text print out proof)
An email from the landlord shows her stating the payment would be made by bank deposit
There was no bank deposit, it was by cheque, and bounced. The cheque was made out 3 days after she claimed she'd made the BACS transfer.
The microwave and hoover I have receipts for; none were provided in the flat.
The flat was not freshly painted prior to me moving in, and the carpets were worn and marked.

I don't know whether it's worth getting written testimony from my two friends who have witnessed the flat from when I moved in, and can state the carpet/walls were not new, etc. I don't know if there's any weight given to that...