Ex-Landlord threatening to start court proceedings

[CapricornStar]

I left my rented property 4 months ago after living there for 9 years and have just received a bill for nearly £800 for work that he's had done after I've left - new carpets / cleaning. I want to dispute this. Also have since found out his landlords licence (rentsmart wales) wasn't issued until July this year, when it became law last November. I have to reply soon but was thinking of saying something along the lines of "forget your bill, or I'll counterclaim" or do I just dispute the original claim he has issued me. If I do this, can he just go ahead with taking me to court? Thanks in advance

[ostell]

Re: Ex-Landlord threatening to start court proceedings

He can't bill you for new carpets, unless he has recently replaced them and you have damaged them.

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

He said they were damaged (unsalvagable) . To my knowledge they have been down for 10 years and they were in the children's bedrooms so did look a bit worse for wear. Should I suggest to him the lifespan of a carpet and offer pro rata?

[Diana M]

Re: Ex-Landlord threatening to start court proceedings

or do I just dispute the original claim he has issued me. If I do this, can he just go ahead with taking me to court?

Has your ex-Landlord issued a county court claim against you?

Did you pay a Deposit at the start of your tenancy agreement?

Was the Deposit (if paid) placed in a Government scheme (this may only have been mandatory if your AST began after April 2006 or was renewed after that date).

Was there an Inventory taken at the beginning of your tenancy?

Di

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

Has your ex-Landlord issued a county court claim against you?

Did you pay a Deposit at the start of your tenancy agreement?

Was the Deposit (if paid) placed in a Government scheme (this may only have been mandatory if your AST began after April 2006 or was renewed after that date).

Was there an Inventory taken at the beginning of your tenancy?

Di

No CCC as yet.
No deposit, but taken 2months rent up front so last would be free, this is stated on the TA, so not placed in any deposit scheme.
Inventory is one sheet, stating items in each room, no description as to condition.

Thanks

[ostell]

Re: Ex-Landlord threatening to start court proceedings

He's redecorating to let the place again and is expecting you to fund it. Without a description then he is going to find things difficult to show, especially as 10 years old.

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

He's redecorating to let the place again and is expecting you to fund it. Without a description then he is going to find things difficult to show, especially as 10 years old.

i would imagine he has the whole house on video

[Crazy council]

Re: Ex-Landlord threatening to start court proceedings

Hi

He said they were damaged (unsalvagable) . To my knowledge they have been down for 10 years and they were in the children's bedrooms so did look a bit worse for wear. Should I suggest to him the lifespan of a carpet and offer pro rata?

Hard after that long for the landlord to claim for repairs to carpets, theres a terms within tenancys called Normal wear and tear. and for a landlord to claim after this time, he would not only need a very good inventory with pictures at the start. And would need to have inspected within days ( or at the time ) of you leaving.

No deposit, but taken 2months rent up front so last would be free, this is stated on the TA, so not placed in any deposit scheme.
Inventory is one sheet, stating items in each room, no description as to condition.

But would have needed to follow a process with you before claiming ( LL has to idenfity faiults and give TT time to object, negoteate. )

I would, write back, ask him to provide a copy of the origional inventory, a copy of the ending inventory, A specific list of any differences that are not normal use for a long tenancy. Dont add to much furthewr argument in the letter incase he usues it against you.

[Diana M]

Re: Ex-Landlord threatening to start court proceedings

Inventory is one sheet, stating items in each room, no description as to condition.

In which case he'd have some difficulty in proving that you are responsible for any damage to the carpet.

If this were to go to Arbitration (as a Deposit dispute) then the usual rule on wear and tear is 10% depreciation per year. So if you lived there for nine years then the Decision would likely be that 90% of the cost of any replacement carpet would be deducted i.e. you could be expected to contribute a maximum on 10% of the cost.

You've mentioned that your Landlord wants to charge you for the end of tenancy cleaning. Is there anything in your tenancy agreement that says you must carry out a professional clean at the end of the tenancy? There often is. But you should have been given the opportunity to arrange your own cleaners not have the Landlord's cleaners foisted on you.

Di

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

In which case he'd have some difficulty in proving that you are responsible for any damage to the carpet.

If this were to go to Arbitration (as a Deposit dispute) then the usual rule on wear and tear is 10% depreciation per year. So if you lived there for nine years then the Decision would likely be that 90% of the cost of any replacement carpet would be deducted i.e. you could be expected to contribute a maximum on 10% of the cost.

You've mentioned that your Landlord wants to charge you for the end of tenancy cleaning. Is there anything in your tenancy agreement that says you must carry out a professional clean at the end of the tenancy? There often is. But you should have been given the opportunity to arrange your own cleaners not have the Landlord's cleaners foisted on you.

Di

Thank you Di, very helpful. No nothing stated as professional cleaning only as we found it.

[Diana M]

Re: Ex-Landlord threatening to start court proceedings

i would imagine he has the whole house on video

What makes you think that? Was the Inventory backed up by a Schedule of Condition on video? It would need to be date stamped in some way.

As has been said, ask for the Inventory from the beginning of the tenancy (signed and approved by you) and the Inventory from the end of the tenancy (signed and approved by you).

Was the property let through an agent or was it as private arrangement?

I would also like to know why it's taken him four months to raise this issue. Has the property been let since you vacated it?

I would avoid being confrontational with threats about his licence and a potential counterclaim (for what?).

Di

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

No, just found him and his son to be very devious over the years. The checking out inventory was not signed by myself, when I went there to meet him on the last day to hand my keys in. It's a private landlord and his only let. No tenants in there as yet either.
Ok I will put that in the letter to him and see what he comes back with.
Thanks again

[Crazy council]

Re: Ex-Landlord threatening to start court proceedings

hi

The checking out inventory was not signed by myself, when I went there to meet him on the last day to hand my keys in

its not important thats its not signed, but the start one is as Di says above. The other thing you mention

Thank you Di, very helpful. No nothing stated as professional cleaning only as we found it.

the terms usualy something like " return the property in the same or similar condition save as for normal wear and tear ", and other statments if specifics have been added, like cleaning at the end.

this is a good general write up on fair ware and tear. http://www.chaseinventory.co.uk/arti...r-an-overview/

Regarding how the LL has been, this may just be down to his inexperience in the market, individual landlords can have unrealistic expectations at times and be a bit pushy, and it may seem to the tenant that they acting quite bad, but it can be a finacialy stresful time for the landlord at the end of a tenancy, especialy if they rely on the rent payments for a morgagee or other purpose. I used to be a property manager for many years ( years ago ), and some individual landlords were harder to deal with, the worst was when it was a family property prior to being let. we used to say they needed ghosts as tenants, but, you also get to see the LLs stressed about morgagee/loan payments, and thats the side the tenats doesnt usualy get to see

[CapricornStar]

Re: Ex-Landlord threatening to start court proceedings

Thank you for the info. I very much doubt the property is mortgaged as he is in his 80's. The check-in inventory is signed but each room just states for example: curtains, carpet, lampshade; no mention as to if they where new, marked.