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Hi I hope someone can give me some advice I would greatly appreciate any help or knowledge you may have. I have moved out of a property I rented after just over 4 and a half years. I followed the contract and gave 2 months notice as requested in writing and the landlord text me back saying he accepted and agreed the notice I had given and the final day that we would vacate on. Fast forward to now and we moved out over 3 weeks ago. The landlord has been in contact after 16 days of me vacating the property with a very big list of deductions he is claiming for based on the check out inventory and his own findings. The list has sub sections like missing items, repairs, cleaning, damage and financial loss. I have my own photos of the property and I certainly did not leave the property in this way. On the day the handover was completed and the keys handed back to the landlord. He did not book the check out inspection to be completed until 2 days later and in this time I know he kept returning to the property and doing some sort of remedial work. (I moved into the house next door which has since become a pain in the bum as I can hear all the work he was doing before the check out clerk came to carry out her inspection and report). The landlord is claiming for finical losses of rent and council tax for the next 3 months because he says he cannot get any contractors in till February because of covid.
I asked how have I breached the agreement to warrant this claim as I followed the correct notice as stipulated in the contract and he replied with this: "Yes, I am happy to expand my explanation. The break clause does not remove all the obligations or responsibilities of the tenants. The break clause states 'claims can be made in respect of breach of any of the terms and conditions of the agreement.' I am entitled to pursue for losses as a result of failure to meet your obligations such as to repair, replace, keep in good and clean state of repair and condition etc (please see your obligations in agreement, check out report and list of my claims/deductions). These breaches result in financial losses to me, loss of rent and council tax (amongst others which I have NOT claimed for), due to an inability to rent the property and achieve the fair market value at end of tenancy. Therefore, by your breaches, I have refused to accept the break, and although I could insist on the agreement and rent obligation continuing to 22nd February 2022 (13 weeks), I have instead claimed a MUCH LOWER amount of 6 weeks, even though this is not enough time, pre-covid, to ready the property to a good and clean state or repair and condition from that outlined in the check out report. I have also NOT claimed for the current higher fair market value of £1750pm but instead claimed using your lower rental valuation of £1350pm. Therefore, I believe the amount claimed is more than fair and reasonable.
I also have emails from the landlord before I moved in which he states that the previous tenants at the time kept changing the day they was moving out and that "If it is ok with you for me to complete any remaining house repairs/sprucing up/cleaning/painting etc. after you move in" He also sent further emails telling me again: "My tenant contacted me to say he is now hoping to vacate sunday night if all goes well. This will give me a lot less time to do all the work or full cleaning I'd like. For now I'll focus on any immediate issues. So other work I would have to do with your permission during early part of your tenancy and any other issues you find I can also resolve. Ill keep disruption to a minimum. Just wanted to confirm this would be agreeable to you?
The emails that the landlord is now sending me are very intimidating, demanding and slightly threatening and he has also contacted my guarantor and sent letters to his home address demanding payment via cheque or bank transfer but we have not even worked through the disputes yet. I asked to go through the DPS dispute service but he said he doesnt legally have to so I don't know what to do next. He keeps threatening to go to court but then says he wants to sort this amicably but every time I try to he shoots me down and tells me his lawyer has advised him not to do this or that so I feel like he won't even give me the chance to try to come to agreements on things.
It is causing so much stress and upset and now family upset because a lot of the claims are untrue and I have proof of photos and videos that I didnt leave the property in the state he is saying. The amount he is claiming for is nearly £6000 and I don't know what to do next, im scared of him and in 14 weeks pregnant too so im trying so hard to stay friendly and I keep offering to mediate and sort this out but I find him so intimidating he won't reason with anything I say. Im sorry this is so long and im hoping someone can help offer some advice on what is right and wrong and what I should do to try to sort this problem as nicely as possible. I was really hoping that the landlord would work with the dps dispute service but he just seems to want to do things over emails and not through proper legal channels and keeps demanding payment from my guarantor and not work the problems with me.
I asked how have I breached the agreement to warrant this claim as I followed the correct notice as stipulated in the contract and he replied with this: "Yes, I am happy to expand my explanation. The break clause does not remove all the obligations or responsibilities of the tenants. The break clause states 'claims can be made in respect of breach of any of the terms and conditions of the agreement.' I am entitled to pursue for losses as a result of failure to meet your obligations such as to repair, replace, keep in good and clean state of repair and condition etc (please see your obligations in agreement, check out report and list of my claims/deductions). These breaches result in financial losses to me, loss of rent and council tax (amongst others which I have NOT claimed for), due to an inability to rent the property and achieve the fair market value at end of tenancy. Therefore, by your breaches, I have refused to accept the break, and although I could insist on the agreement and rent obligation continuing to 22nd February 2022 (13 weeks), I have instead claimed a MUCH LOWER amount of 6 weeks, even though this is not enough time, pre-covid, to ready the property to a good and clean state or repair and condition from that outlined in the check out report. I have also NOT claimed for the current higher fair market value of £1750pm but instead claimed using your lower rental valuation of £1350pm. Therefore, I believe the amount claimed is more than fair and reasonable.
I also have emails from the landlord before I moved in which he states that the previous tenants at the time kept changing the day they was moving out and that "If it is ok with you for me to complete any remaining house repairs/sprucing up/cleaning/painting etc. after you move in" He also sent further emails telling me again: "My tenant contacted me to say he is now hoping to vacate sunday night if all goes well. This will give me a lot less time to do all the work or full cleaning I'd like. For now I'll focus on any immediate issues. So other work I would have to do with your permission during early part of your tenancy and any other issues you find I can also resolve. Ill keep disruption to a minimum. Just wanted to confirm this would be agreeable to you?
The emails that the landlord is now sending me are very intimidating, demanding and slightly threatening and he has also contacted my guarantor and sent letters to his home address demanding payment via cheque or bank transfer but we have not even worked through the disputes yet. I asked to go through the DPS dispute service but he said he doesnt legally have to so I don't know what to do next. He keeps threatening to go to court but then says he wants to sort this amicably but every time I try to he shoots me down and tells me his lawyer has advised him not to do this or that so I feel like he won't even give me the chance to try to come to agreements on things.
It is causing so much stress and upset and now family upset because a lot of the claims are untrue and I have proof of photos and videos that I didnt leave the property in the state he is saying. The amount he is claiming for is nearly £6000 and I don't know what to do next, im scared of him and in 14 weeks pregnant too so im trying so hard to stay friendly and I keep offering to mediate and sort this out but I find him so intimidating he won't reason with anything I say. Im sorry this is so long and im hoping someone can help offer some advice on what is right and wrong and what I should do to try to sort this problem as nicely as possible. I was really hoping that the landlord would work with the dps dispute service but he just seems to want to do things over emails and not through proper legal channels and keeps demanding payment from my guarantor and not work the problems with me.
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