Rent Arrears from previous property

uptomyleftnut

hello,

1st post but been trying to read other threads for help...

basically, had a 12 month rental lease on a proprty, which lapsed, never signed a new tenancy agreement.

moved from proprty after a split with my partner, we no owe several months rent, and the LL is claiming money to replace carpets etc.... and cosmetic damages (the lid of the toilet broke when cleaning - slipped over and cracked).

Now I accept the rent arrears, but carpets she said needed replacing then they didn't, then she said she had to replace the room carpet, now I know there's been another family living in the property since, as I picked up old mail that was there... and lets' just say the smell wasn't nice.. now for replacing toilet lids/carpets, I would have thought she would be covered by insurance as part of being a landlord. .. the omnly thing with the carpet was there may have been a few spills by the kids etc.. which we did try to clean.

she's pushing for all these extra's on top of the rent...

replacement carpets, then changed mind and said other carpets... £300
toilet cistern ........£150
Charges for late rent.....£150

and 4 months rent... @ £850 per month.

now as I'm renting a new property, i dont' have all this monry to hand but will look to pay off as much as possible each month.. apart from the £3400 in rent, where do I stand on the others?

sorry for long story... I just don't want to be ripped for more money than I owe.

sooz

Did you have an inventory, which you signed?
Was there a deposit, & was it protected?
Did you leave owing 4 month's rent, or are you being asked to pay rent for any period after you left?

Landlord's do have insurance, but this doesn't cover tenant's dirt. If he claimed on his insurance to replace the cistern, the excess would almost certainly cost about the same, & you would be asked to cover the cost of the excess. Did you have tenants' contents insurance when you were in the property? You could have tried to claim on your own policy for your accidental damage of the toilet.

What was written in your agreement about late fees?

Did you clean the carpets when you left, or pay someone to clean them properly for you? What did the inventory say about the state of the carpets when you moved in?

uptomyleftnut

Well... no contents insurance, we owe after leaving not for period after we left, she had people ready to move in so wanted us out asap. Washed all around the house (90% lamiate flooring except staris and one room), which I would say was only normal wear and tear.

Fair point about the excess on her insurance (didn't think of that).

Nothing was mentioned about the carpets about 2 weeks earlier when the LL had the local estate agents in to take photo's and put house upfor sale/rent through them.

she has our deposit (1 month) but with the extra's it pretty much wipes it out.

Late fees were first mentioned in a email from her... I'll need to double check the paperwork.

House was unfurnished apart from odds she didnt' want and some curtains which we took down and stored.

first the carpets she's claiming need replacing in the email, no longer do as she said on the phone a diff carpet needed replacing this is 6 months after other tenants have been living there.... (this is what i'm not happy about as when I calle din to pick mail, I noticed rubbish bas and cig ends on the kitchen floor) Baked bean tins on room window cills of the room she's saying needs replacing.. and a kitlitter tray by the door too.. I just afraid i'm going to pay for other persons mess?

sooz

Was the deposit protected (assuming you were renting in England)?

Was there a signed inventory?

Were you given a quote for the carpets, or a copy of the bill after they were replaced?

uptomyleftnut

Hi there we're were renting in Wales - Newport... but I now live in Bristol.

The deposit was paid via the letting agency/estate agents.. so I assume it was protected? If I recall soemthing about it being paid into an account? i was away working when the move happeded, I simply signed things that was required by the LL.

I don't think there was a signed inventory. We never even saw the LL when we left, simply left the keys for her, as she was away at the time.

The email gave figures, so I asked for recepts, didnt' hear anything for a 3 months and then a phone call saying stairs not replaced now but room carpet has/had to be. this is approximately 6 month after we left.. and as I said new tenants were in the house almost straight after us if we are to believe what she said to us... well at least 2 weeks or so, as the house was still empty as i called back to drop off last spare key I had and to collect anything left but it was vacant, carpets hadn't been touched then.

AGBAGB

Your deposit should be held in scheme. There will be a defined procedure for dispute resolution. If the LL can't demonstrate the before and condition of items then you have a good chance of get the deposit back.

As for the unpaid rent. You should be ashamed of yourself. You've breached a contract. LL's are not banks. Think yourself lucky you're not being taken court.

A one off late payment fee, could be worse if you were being charged interest.

If you had paid your rent the LL might have looked at the other items in a more favourable light.

sooz

You need to find your paperwork & look through it to see what you signed.

Was there a clause you agreed to in your AST about late fees?
Were you given the prescribed information regarding your deposit?
Was there an incoming inventory & did you or your partner sign it?

uptomyleftnut

unfortunately, I'd left the property, by the time these arrears had amassed, I had moved from the residence at this stage. I'd only returned to collect mail and drop off keys.

I'm happy for the deposit to offset the money owed, and I want to get this sorted asap.

The LL went missing for several months (apologies it was 5 months I hadn't heard off her after asking for receipts) hence why this is still outstanding and the landlord was happy for the owed rent to be paid back in installments prior to me asking for the receipts.

My ex is no longer in employment, so I'm taking the full responsibility to get this sorted. I wanted to make sure she wasn't adding costs willy-nilly as it seems..

uptomyleftnut

I'm really unsure abotu my next steps other than paying as in the 10 years of renting I've never been in arrears before... or in this situation.. def be livign alone in future until I buy my own property.

AGBAGB

The original letting agent should be able to tell you about the procedure for getting the deposit back or at least tell you how it's held. It's supposed to be all regulated now.

Fire_Fox

How can you owe for five months rent arrears which you say accumulated after you had vacated the property, when you also say new tenants moved in two weeks after you left? On what grounds did the landlord ask you to move out for new tenants to move in, if not for arrears? Did you not hand in your one month's notice and/ or the landlord serve you with notice to quit?