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Hi guys im hoping one of you highly intelligent people can give me a few pointers please???
I will admit this is one hell of an essay but I honestly think you need the whole story to form a proper opinion.
Background
I moved into a house via letting agents in 2012. Deposit was protected.
The house was in poor cleaning/cosmetic condition from the off however due to circumstances with my ex partner and having 2 young children beggers couldn't be choosers so I grabbed the house with two hands but spent literally weeks cleaning/redecorating/putting down carpets (all funded by me) in a nutshell the house was very very very well looked after (I'm an OCD freak) and I spent a lot of my time and money making it a home. I never once met the landlady as it was fully managed by the agents. However I eventually met my partner and fell pregnant and only having a small house I had to start looking elsewhere and notified them. The landlady then decided she was going to replace some double glazing and I actually met her for the first time a few months back.
Roll forward to August
i gave my notice to the agent on the 25th. I was then told that the landlady wanted me to repaint two bedrooms back to magnolia and a kitchen radiator back to white (it was covered in light blue paint splodges/rust from previous tenants so thought it was easier to paint black ). I was happy to fulfil these demands and said as much. Then the calls started. I was inundated with calls/emails for 3 days about giving viewing access/double glazing man access/ new letting agent access. Baring in mind this was still in the half term holidays, I was in the process of moving into my new house and have 2 young children and a new baby, working and would need my partners help doing the repainting etc. I spoke to the new agent and said the same. I said that I would have all the works done by 2 weeks deadline and then they would be free to come and go, take photos, replace windows whatever they so wished but to leave me be for 2 weeks to do all the works. Well this went down like a lead balloon.
I received more calls, emails asking me to allow access sooner quoting their rights and my tenancy . This led to a personal call/voicemail from the landlady on the 29th. I called her back (brief summary) she wanted access sooner to get it marketed sooner. I explained that I wasn't physically able to do the repairs she wanted any sooner and that it would be easier for viewings etc when they would get to see it how they would be having it and not climbing over boxes etc. therefore I brokered a deal. I said that if she was happy for me to leave the bedrooms in the colours I painted them and only making good the general walls ie fill picture hanging marks/holes. I would be happy to in return leave all my fitted blinds. carpets, built in wardrobe, lampshades, curtains etc and give full access to the house within a week as I was near enough moved out. Following this conversation/deal I called the agent and informed them and the landlady said she was sending an email to them to confirm the same also.
i met up with the landlady a week later and walked around the house. It was all very friendly. She was very happy with the condition. The bright coloured bedrooms had slight wear and tear marks and she asked if I had any of the paint remaining. I said I had a tester pot for each room for touch ups and she asked me "if I had time" would I mind just "touching up" the walls. She also said the same for the kitchen radiator. I was informed she had declined the agents check out option and was paying a separate company to perform one.
i done as asked and "touched up the walls, made good any small fixing holes, painted the kitchen radiator back to white and rehung a kitchen door all as asked.
i was then contacted by the new agents and told they had a tenant wanting to move in sooner than my tenancy ended and as I wasn't living there would I surrender earlier? and as an incentive I would be given back a weeks worth of rent I had paid. I agreed. I was told to drop in the keys on the Friday and sign a disclaimer surrender letter. They then also told me that now the Landladys "friend" was conducting the check out and would be at some point on the Friday. I raised a concern about the "friend" finding imaginary faults after I surrendered my rights but was brushed aside. So I done as told, handed back keys, signed form and awaited my deposit return.
Forward to now
I received a letter last week from the deposits company saying the landlady was happy with the overall condition of the house but was disputing and putting a hold on £160 of the deposit for REPAINTING the two bedrooms!!!!!
I have been told I have to deal with the dispute either via the mediation services of the deposit company or go to court . The landlady has hidden behind the agents and refused to give me her address etc. She has clearly played me all along and manipulated me and taken advantage of my good nature. Im very angry as I have given her back that house in an amazing condition complete with fitted blinds, carpets built in warderobe, curtains, lampshades etc which are all only 2 years old. This was all left behind on the provision of the agreement and because she was so nice to me! But now that she has gone back on our agreement I not only want the 160 back I want compensating for all my goods I left behind. (The house was let on the very first viewing which I'm convinced was due to the condition I left the house. When I originally let it it had been on the market for months and months as it was such a hovel).
So I have only one option an that is court. I'm ok with this and understand the cost implications because I believe I have a real case . My problems are these: the agreement was done over the bloody phone, the meeting at the house was verbal and I've signed the surrender disclaimer.
Please be frank and tell me if you believe I have a strong enough case for court? And what you think I should so now?
sorry for the essay but think I covered most points.
I will admit this is one hell of an essay but I honestly think you need the whole story to form a proper opinion.
Background
I moved into a house via letting agents in 2012. Deposit was protected.
The house was in poor cleaning/cosmetic condition from the off however due to circumstances with my ex partner and having 2 young children beggers couldn't be choosers so I grabbed the house with two hands but spent literally weeks cleaning/redecorating/putting down carpets (all funded by me) in a nutshell the house was very very very well looked after (I'm an OCD freak) and I spent a lot of my time and money making it a home. I never once met the landlady as it was fully managed by the agents. However I eventually met my partner and fell pregnant and only having a small house I had to start looking elsewhere and notified them. The landlady then decided she was going to replace some double glazing and I actually met her for the first time a few months back.
Roll forward to August
i gave my notice to the agent on the 25th. I was then told that the landlady wanted me to repaint two bedrooms back to magnolia and a kitchen radiator back to white (it was covered in light blue paint splodges/rust from previous tenants so thought it was easier to paint black ). I was happy to fulfil these demands and said as much. Then the calls started. I was inundated with calls/emails for 3 days about giving viewing access/double glazing man access/ new letting agent access. Baring in mind this was still in the half term holidays, I was in the process of moving into my new house and have 2 young children and a new baby, working and would need my partners help doing the repainting etc. I spoke to the new agent and said the same. I said that I would have all the works done by 2 weeks deadline and then they would be free to come and go, take photos, replace windows whatever they so wished but to leave me be for 2 weeks to do all the works. Well this went down like a lead balloon.
I received more calls, emails asking me to allow access sooner quoting their rights and my tenancy . This led to a personal call/voicemail from the landlady on the 29th. I called her back (brief summary) she wanted access sooner to get it marketed sooner. I explained that I wasn't physically able to do the repairs she wanted any sooner and that it would be easier for viewings etc when they would get to see it how they would be having it and not climbing over boxes etc. therefore I brokered a deal. I said that if she was happy for me to leave the bedrooms in the colours I painted them and only making good the general walls ie fill picture hanging marks/holes. I would be happy to in return leave all my fitted blinds. carpets, built in wardrobe, lampshades, curtains etc and give full access to the house within a week as I was near enough moved out. Following this conversation/deal I called the agent and informed them and the landlady said she was sending an email to them to confirm the same also.
i met up with the landlady a week later and walked around the house. It was all very friendly. She was very happy with the condition. The bright coloured bedrooms had slight wear and tear marks and she asked if I had any of the paint remaining. I said I had a tester pot for each room for touch ups and she asked me "if I had time" would I mind just "touching up" the walls. She also said the same for the kitchen radiator. I was informed she had declined the agents check out option and was paying a separate company to perform one.
i done as asked and "touched up the walls, made good any small fixing holes, painted the kitchen radiator back to white and rehung a kitchen door all as asked.
i was then contacted by the new agents and told they had a tenant wanting to move in sooner than my tenancy ended and as I wasn't living there would I surrender earlier? and as an incentive I would be given back a weeks worth of rent I had paid. I agreed. I was told to drop in the keys on the Friday and sign a disclaimer surrender letter. They then also told me that now the Landladys "friend" was conducting the check out and would be at some point on the Friday. I raised a concern about the "friend" finding imaginary faults after I surrendered my rights but was brushed aside. So I done as told, handed back keys, signed form and awaited my deposit return.
Forward to now
I received a letter last week from the deposits company saying the landlady was happy with the overall condition of the house but was disputing and putting a hold on £160 of the deposit for REPAINTING the two bedrooms!!!!!
I have been told I have to deal with the dispute either via the mediation services of the deposit company or go to court . The landlady has hidden behind the agents and refused to give me her address etc. She has clearly played me all along and manipulated me and taken advantage of my good nature. Im very angry as I have given her back that house in an amazing condition complete with fitted blinds, carpets built in warderobe, curtains, lampshades etc which are all only 2 years old. This was all left behind on the provision of the agreement and because she was so nice to me! But now that she has gone back on our agreement I not only want the 160 back I want compensating for all my goods I left behind. (The house was let on the very first viewing which I'm convinced was due to the condition I left the house. When I originally let it it had been on the market for months and months as it was such a hovel).
So I have only one option an that is court. I'm ok with this and understand the cost implications because I believe I have a real case . My problems are these: the agreement was done over the bloody phone, the meeting at the house was verbal and I've signed the surrender disclaimer.
Please be frank and tell me if you believe I have a strong enough case for court? And what you think I should so now?
sorry for the essay but think I covered most points.
