Landlord Adding Damages after we left property (Tenancy finished)

[HarryHill]

We handed the keys to the Landlord and he looked around the property (4.5 year tenancy under AST - however LL claims it is a non-assured tenancy agreement (Memorandum of Agreement) but we meet all the criteria of it being an AST). He mentioned a couple of issues but then returned £307 of our £700 deposit (which he had not protected and gave us a small list of 'damages' which we disputed. We sent a letter before action stating that we were going to take him to court for non-protection of deposit.

He responded by stating 'do what you want' and listing more 'damages' which now totalled £5000. He has now sent us a letter stating the 'damages' are around £14,000 and says if we don't pay the £5000 by tomorrow (28 Feb) he will start court procedings.

1.. We totally dispute the 'damages' he is claiming. What evidence would he or I have to supply to the court to back up his claims
2. Can you please advise if he can keep adding 'damages and tell us to pay a smaller amount in order not to pay a higher cost (if that makes sense)?

[4737 Carlin]

Do you have any pictures of the property to verify the condition in which you left it? What did the landlord spend the £393 on paid from the £700 deposit.

If there were 'damages' of £5,000 (or £14,000 for that matter) then why did he make any refund at all (£307). Surely damages of that value would have been obvious at the time the keys were handed over on vacation and he would have retained all of the deposit.

[HarryHill]

Agree - he would have noticed any damage when keys handed over. No pictures unfortunately as when we handed over the landlord only mentioned a couple of minor issues. Therefore didn't see need to take photos.

[4737 Carlin]

To protect your position I think that at the very least you will need to provide a written response to the landlord's notice or demand that £14,000 of claimed damage existed at the time of vacation or was caused during your term of occupancy and that the only items requiring remedial works were those as identified and agreed on the date of vacation and for which the landlord has deducted the cost from the deposit held. You might want to add that you consider the remedial work costs to be excessive/disproportionate and have already put the landlord on notice of this when you dealt with the deposit return.

The subsequent claims for other damages are spurious and have no merit and are wholly inconsistent with them having made a partial refund of the deposit monies held. Any proceedings brought about in relation to them will be vigorously defended and an application made for indemnity costs (applies if the landlord proceeds with a claim over £10,000).

[HarryHill]

I have already issued 2 x Letters Before Action to him (signed for) wrt him failing to protect the deposit. I also stated that I did not agree his initial damage claim. I assume if I didn't agree with that, by default, I don't agree with the latter claims. What evidence would he need to supply to support any of his damages claim?

[4737 Carlin]

You need to be quite clear with your rebuttal of the landlord's claims.It will be problematic for you to assume that it would be swept up and included somehow by an inference in the Letter(s) Before Action.

As far as I am aware normal burdens of proof will apply i.e. the landlord will have to prove that on the balance of probabilities the damages claimed are the direct result of damage caused to the property during the term of your occupancy, that the costs are proportionate to the work required etc. etc.

Were there any landlord's inspections between the start and end of the tenancy? If so, what do they disclose? What were the landlord's obligations under the tenancy agreement to perform periodic inspections? Did they comply with them? What does the tenancy agreement say about fair use, wear and tear etc.

What is the nature of the damages being claimed? A complete rewire for example would be somewhat fanciful to claim as being legitimate.

You have already confirmed that no images exist of the condition of the property when you vacated but are there any when you first took it on? If there are do they evidence that all or any of the damage already existed at that time?

[HarryHill]

Your comment about a rebuttal noted. As far as I am aware there are no before photos (when we moved in 2014) and any subsequent ones would have been taken by the landlord after we left the property. He has only been around once (last July) to "take photos and measure up for selling when I left" but did not mention any damages then. The tenancy agreement does say he can inspect but apart from those instances he has not done so. Very sparce inventory in tenancy agreement and nothing about condition of items or decoration. He is claiming for things which are not on the inventory.

[charitynjw]

Just a little thing.

Did the landlord organise annual gas safety checks?

[HarryHill]

No initial or annual gas checks were carried out

[HarryHill]

Moved to new thread

[charitynjw]

No initial or annual gas checks were carried out

Were they carried out annually during your tenure?

[HarryHill]

No gas checks ever carried out

[charitynjw]

No gas checks ever carried out

Landlords must carry out annual safety checks if there is a gas supply/appliance there.
In fact it is a criminal offence not to do so, reportable to GasSafe & HSE
http://www.legislation.gov.uk/uksi/1...lation/36/made

Perhaps you could use this snippet to your advantage?

[Setmefree3]

You could also send a subject access request to the landlord asking for all details relating to yourself including a copy of gas safety check certificate whilst you were at the property.

Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 to keep a record of the safety check for 2 years. They must also issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant before they move in.

[charitynjw]

You could also send a subject access request to the landlord asking for all details relating to yourself including a copy of gas safety check certificate whilst you were at the property.

Remind your landlord of their legal duties under the Gas Safety (Installation and Use) Regulations 1998 to keep a record of the safety check for 2 years. They must also issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenant before they move in.

Tbh, if it were me I wouldn't remind them of their legal duty.
The certs might 'magically' appear.
Just SAR them for all data.