LL being taken to small claims court. Please help me....

sallycinnamon1980_2

Hello,

I used to rent out my flat to my brother's friend. We had a written contract with respect to the rent, length of term, etc. It was an Assured Shorthold Tennancy Agreement. The agreement lasted until the start of January 2009 but the tennant decided to move out at the end of the Nov 2008 and gave me one week's notice (the agreement stated one month should be given so I could find new tennants, this did not happen).

When he moved out the flat was filthy, the shower had been taken apart with parts removed, there was outstanding rent on the property and the carpet was badly damaged with iron marks, cigarette burns and had been lifted up in order for them to lay their Sky TV cables (permission was not granted for this).

I sent him a letter stating the following:-

Your legal obligation is to give one month’s notice to the landlord, as stated in the contract (clause 4.1). As this has not been the case, you are liable to cover the final rent payment of £425, with deposit returned pending proof of all utility payments, assessment of property damage by the Landlord and minus costs of any repairs or cleaning services.

The Landlord is willing to release you early from the contract without the final month’s payment of £425, providing you agree that the deposit is retained by the Landlord in lieu of the outstanding rent and that the property is left in a clean and undamaged state as laid out in the contract (clause 5.3).

The tennant did not reply to this. Nor did he leave a forwarding address (any contact has been made to the guarentor address on the contract). The tennant did not pay council tax in the time he was there despite me advising the council that he was now the tennant. There were letters lying about the empty flat stating that £600 was outstanding from him. He had not bothered to contact and pay them.

I put the deposit in a Government account as advised, and wrote to him to tell him this. I witheld his deposit in order to pay for carpet repair (not wear and tear - repair), cleaning (the flat was filthy with urine stains all over the bathroom floor) and a new shower as he had taken parts from it for some reason.

Now I'm really worried as he has contacted me saying he is taking me to small claims court to get his bond back........


Can anybody help me please?

Thanks,

Sarah

Planner

sallycinnamon1980 wrote: »

Hello,

I used to rent out my flat to my brother's friend. We had a written contract with respect to the rent, length of term, etc. It was an Assured Shorthold Tennancy Agreement. The agreement lasted until the start of January 2009 but the tennant decided to move out at the end of the Nov 2008 and gave me one week's notice (the agreement stated one month should be given so I could find new tennants, this did not happen).

When he moved out the flat was filthy, the shower had been taken apart with parts removed, there was outstanding rent on the property and the carpet was badly damaged with iron marks, cigarette burns and had been lifted up in order for them to lay their Sky TV cables (permission was not granted for this).

I sent him a letter stating the following:-

Your legal obligation is to give one month’s notice to the landlord, as stated in the contract (clause 4.1). As this has not been the case, you are liable to cover the final rent payment of £425, with deposit returned pending proof of all utility payments, assessment of property damage by the Landlord and minus costs of any repairs or cleaning services.

The Landlord is willing to release you early from the contract without the final month’s payment of £425, providing you agree that the deposit is retained by the Landlord in lieu of the outstanding rent and that the property is left in a clean and undamaged state as laid out in the contract (clause 5.3).

The tennant did not reply to this. Nor did he leave a forwarding address (any contact has been made to the guarentor address on the contract). The tennant did not pay council tax in the time he was there despite me advising the council that he was now the tennant. There were letters lying about the empty flat stating that £600 was outstanding from him. He had not bothered to contact and pay them.

I put the deposit in a Government account as advised, and wrote to him to tell him this. I witheld his deposit in order to pay for carpet repair (not wear and tear - repair), cleaning (the flat was filthy with urine stains all over the bathroom floor) and a new shower as he had taken parts from it for some reason.

Now I'm really worried as he has contacted me saying he is taking me to small claims court to get his bond back........


Can anybody help me please?

Thanks,

Sarah

As the deposit is protected (I assume you supplied him with the relevant details), he should bring a dispute with them in the first instance, thats what the scheme is for. If he goes straight to court this will be a big + point in your favour.

If you have a good inventory/pictures of the property before and after, you again should have nothing to worry about.

Just a note on the utility bills, if they are in the tenants name they have nothing to do with you or the deposit.

sallycinnamon1980_2

thank you for your help. i thought that was the case but he's sending me threatening texts and it's really starting to get me panicking.

x

Soot2006

Keep the text messages as well. He's digging himself into a hole.

JanCee

Try posting on LandlordZONE as well. You should get some useful advice from some of the more experienced LLs on there.

anotherpaul_2

If you now have contact details, you could consider counter-suing for your loses. But take legal advice first.

tbs624

sallycinnamon1980 wrote: »

.... The agreement lasted until the start of January 2009 but the tennant decided to move out at the end of the Nov 2008 and gave me one week's notice (the agreement stated one month should be given so I could find new tennants, this did not happen).

...........I sent him a letter (any contact has been made to the guarentor address on the contract). ......................

I put the deposit in a Government account as advised, and wrote to him to tell him this. I witheld his deposit .....................................

Which of the 3 deposit registration schemes have you used? Did you supply the T with the "prescribed information" on the scheme?

I'm not sure that either you or your T understand how the schemes work - you cannot simply decide to withhold the deposit after sending the T a letter- you would have to notify the scheme's administrators that there was a dispute and then agree whether the adjudicator or the court would be used to resolve the issue if your T does not agree with your proposed deductions.

As Planner says, the T should also have contacted the scheme but if you have not given him the "prescribed information" you are in breach of the law: this should have been done within 14 days of you receiving the deposit from the T.

You also mention a guarantor - presumably you credit checked/referenced the guarantor and have a proper guarantor document in place?

Agree with Soot2006 that you should keep the text messages if he is threatening you.

Join one of the national LL associations or a local affiliated one - they can give you valuable guidance on how to deal with this type of tenant. You may also want to have a look at Tessa Shepperson's Landlordlaw site. (Membership fees tax deductable expense. )