Urgent Advice needed.

sj1977

Long story but to cut it short.

I owed my ex-landlord 2 months rent, he held my deposit and has since used that to offset 1 months owed money. He has now gone to court to recover the remaining 1 months rent along with cleaning bills.

Me and the Landlord did not part on good terms, however I've never said no to paying the arrears, I've retunrned forms to the court accepting the partial owed monies but not the cleaning bill because he's changed the amount by £70 by the time he contacted my family who are my guarantors, to the time I recieved a court letter (which I received first).

Now I'm not sure what to do, in one instance I've replied to the court, but now he's asking to be paid more money by the guarantor... can he only do one? or is he hoping for double money?

When making my final checks, I'd cleaned house up ready for inspection (which never happened) I rung the 3 deposit schemes as i couldn't remember seeing paperwork and it seem the Land lord failed to protect my deposit when I paid to him, there seems to be alot of this happening lately but am I in my rights to counterclaim for 3 time the depsoit and then I will be able to pay him the one months rent and even though I disagree with the cleaning bills I could pay that and get a clean break from him? or have I lost that option as he used my deposit to pay off one of the owed months rent?

Nosht

Yes, claim your deposit.



N.

BitterAndTwisted

Was there a signed inventory noting the cleanliness and condition of the property at the start of your tenancy? If not, no deductions can be made from your deposit for "cleaning" or damage whatsoever despite whatever threats the landlord might be making to the guarantors.

It's an offence not to have protected the deposit in one of the three approved schemes. When did your tenancy commence?

sj1977

just over 2 years ago. billing for cleaning and replacing carpets, said i stretched them?

BitterAndTwisted

The landlord cannot claim the full amount to replace carpeting, an allowance for fair wear and tear needs to be made or the landlord is gaining betterment. So, for example if the carpets were brand new when you moved in five years ago an argument could be made that the carpeting had reached the end of its useful life at the end of the tenancy so the landlord wouldn't be able to claim anything from the tenant for supplying a new, replacement carpet

sj1977

they were in good condition though they were cheap and not laid brilliantly i didn't think, the areas hes saying are stretched were just the more common walk ways. i'd classed that as wear and tear.

the crpet was flattened in areas were i had furniture but was iexpected to lift every piece of material?

my big concern is him taking me to court and also asking for more money from my guarantor, and threatening him with court too.

tbs624

BitterAndTwisted wrote: »

Was there a signed inventory noting the cleanliness and condition of the property at the start of your tenancy? If not, no deductions can be made from your deposit for "cleaning" or damage whatsoever despite whatever threats the landlord might be making to the guarantors.

Not true B&T - other evidence of the condition may be available and useable.

tbs624

sj1977 wrote: »

I rung the 3 deposit schemes as i couldn't remember seeing paperwork and it seem the Land lord failed to protect my deposit when I paid to him, there seems to be alot of this happening lately but am I in my rights to counterclaim for 3 time the depsoit and then I will be able to pay him the one months rent and even though I disagree with the cleaning bills I could pay that and get a clean break from him? or have I lost that option as he used my deposit to pay off one of the owed months rent?

Get confirmation from each of the 3 schemes *in writing*. The LL may have tried to register your deposit at a later date and if he does so before any court hearing, your claim would fail.(assuming property in Eng/Wales).

You may want to talk to the Private Sector rentals team at the local Council - they will have a Tenancy Relations Officer who can help with this.

sj1977

I noticed from my original post it sounds like i'm avoiding paying cleaning costs, but i think he's making the cost up. I've also not received any bills for professional cleaning just an amount he seems to have decided, which like I said he changed by £70 depending on who he's written too.

I'll contact the deposit companies asap. i don't really want to go down the court path over the 3 times deposits but my friend has said, why should this landlord get away with it

sj1977

Update:

So I replied to the court, I didn't agree to this claim etc.. and then waited to hear. received a letter direct from the LL's with my reply I sent to the court now instead of the £180 they wanted off me originally and the £250 they asked my guarator to pay, (they added £70 by the time they wrote to court and my guarantor), they've written over the claim in red ink, an amount for nearly £1000 to replace the carpet in the house. with a quote from their local carpet supplier for carpet £9 a meter, where the one we had was worth about £3 if that...on a side note one of the bedrooms in the house we only ever used as storage as it was small and the another bedroom was partially used as daughter is in Uni!!

Spoke to court and they said we should never been contacted like this and was told to forward their letter to the court with covering letter.

I've been unable to contact the deposit companies for long reasons I wont go into, but I will be cracking on with that tomorrow.

I know the ex-LL was planning on selling the house, and I also know the LL told a prospective buyer - fully new/refurbished house, I wont be able to get this in writing as I dont' know the person who was viewing, but I feel they using me to redecorate.

edit. they're increasing the cost of cleaning etc.. not the one months owed rent, in reply to courts I did not contest this so it was a partial acceptence of the claim against me.

sj1977

Any advice on this alarming increase on the amount they want from me?