small damage to door - astronomical deduction from deposit. Please help!

clutton_2

as a LL i can see how these costs can arise... most cupboards under stairs are not straight forward rectangular doors, as the top of the door is often angled in alignement with the staircase, and they will have to be custom-made by a joiner, you could not walk into any door shop and just buy such a door... I think these costs are reasonable for replacement. I cannot imagine how you assess wear and tear on a door, as doors are meant to last for years and years if treated well, and you have damaged it, and admit so. As a LL i would claim for at least 75% of the cost of replacing this door....

In my experience, tenants "small dents" are usually seen as "quite large holes" by landlords.

Do you have photographic evidence of the small dent ?

GDB2222

I agree with Clutton. Even just to fill and paint this, someone has to go round and fill it, sand it, then undercoat. Wait for that to dry, then second undercoat. Wait again, then gloss. It may only take half a day, but most tradesmen will want to be paid for a whole day's labour. So, say £100 labour + £15 paint.

By the time that's done, the paint doesn't match the rest of the paintwork ....

In answer to the OP, ask for a copy of the receipted invoice for the work that's been done. What more can you reasonably ask for?

ajm410

Hi everyone!

Back again on this thread...

I followed/ am following the advice of the majority on this, and I went back and said that I wanted the whole of the CCJ plus costs etc returned, and suggested that the LL contact us after this had happened with photographic evidence that the door had been replace, plus receipts, when we would then attempt to come to some sort of reasonable agreement.

Anyway, the solicitor came back from that, with a very short, flimsy reply saying ‘no’ basically, repeating that they wanted the cost for the door deducted from the amount – no mention of proof, receipts etc. And what was even more astonishing was that the LL made reference to the tenancy agreement which said that any damage would be taken out of the deposit!! – yea, that’s the same agreement which said we’d have our deposit protected, and returned over a year ago now!!!

Anyway, so I’ve gone back and said that this is just unacceptable, and repeated my invitation for them to come back with proof etc after the CCJ has been paid in full.


So, I suppose the reason I’m on here again is just for your thoughts on this???

- If they come back again and say no then I might just relent for ease’s sake, but am I doing the right thing at the minute?
- Is there anything else I can do/say?
- I’m pretty sure that I have every right to do what I’m doing, but is there any way they could say I’m being unreasonable about all of this?

I know they need this sorted to sell the property and believe I’m in the right here – the flimsy reply and fact that no evidence/ receipts have been offered only confirms that for me (I feel as though they’re just chancing their luck).

At the minute it’s back to the LL and it will be interesting to see what they come back with.

Any thoughts on the matter would be really appreciated!!!

Thanks!!!

Planner

You need to stop communicating with the solicitor over this matter. The case has been to court and the judge has decided all of the deposit should be returned to you along with x3 compensation.

You now need to enforce that judgement:

http://www.hmcourts-service.gov.uk/infoabout/enforcement/index.htm

ajm410

Thanks Planner, but can I ask how best to do this?

The solicitor is contacting me because the house is under offer - I have a Charging Order on it. The sale is nearing completion, but they/we are trying to negotiate the amount that will be paid to us from the proceeds of the sale, before I will agree to have my interest removed from the Land Registry documents.

I've tried saying that the amount for the door had nothing to do with the CCJ that was awarded and was never brought up by the LL during those proceedings, but it doesn't appear to have changed anything.

Thanks!

Sambucus_Nigra

ajm410 wrote: »

Thanks Planner, but can I ask how best to do this?

The solicitor is contacting me because the house is under offer - I have a Charging Order on it. The sale is nearing completion, but they/we are trying to negotiate the amount that will be paid to us from the proceeds of the sale, before I will agree to have my interest removed from the Land Registry documents.

I've tried saying that the amount for the door had nothing to do with the CCJ that was awarded and was never brought up by the LL during those proceedings, but it doesn't appear to have changed anything.

Thanks!

I wouldn't argue to be honest; just keep stating that the judge made the order, and you aren't signing away your interest until the agreement is the full amount. End of.

zappahey

ajm410 wrote: »

The solicitor is contacting me because the house is under offer - I have a Charging Order on it. The sale is nearing completion,

See this, this means you hold all the cards. He doesn't pay, you don't release the order, house doesn't sell.

In your opinion, are they likely to be willing to lose the sale for £200? If so, you are dealing with someone who is utterly irrational and you have a choice of taking what they offer or taking enforcement action.

N79

You do not owe money for the door. A court has already ruled this and ordered the deposit to be returned. Tell your LL to jump of a cliff and push for all the money that the court has awarded you. The time for them to raise expensive dents in doors was while you were in court. They did not so tough (probably because they lack the evidence to prove the charges are reasonable and down to you).

There is now no connection between the CCJ and the door.

No money = no house sale.

Don't let your LL's solicitor bully you.

If the LL really thinks you damaged the door then they can sue you for it separately.

bris

N79 wrote: »

You do not owe money for the door. A court has already ruled this and ordered the deposit to be returned. Tell your LL to jump of a cliff and push for all the money that the court has awarded you.

No money = no house sale.

Don't let your LL's solicitor bully you.

+1
Don't give in to a bully, what right did he have to keep your deposit in the first place, none so he deserves everything coming his way.
He tried to steal your money so you did the right thing by taking him to court, dont now let him fleece you for £200.

ajm410

OK thanks everyone! I’ll stand my ground and if the solicitor comes back with the same again I’ll remind them that they should do their job and inform the LL that this isn’t going to happen at this moment in time, and that they should try and take us to court if they really want it back.

Cheers!!!