County Court!!!!!

Chillermiller

Sounds like your getting all you deserve! I really despise landlords who can't respect their tenants right to quiet enjoyment.--Really?
--it is my house...i wanted in to see it and take photos for remarketing. I gave them more than a weeks notice. I did not ever enter without their permission. This tenant was difficult...don't get me wrong. They were very uncooperative with me. They would give me the run around for access--not answering emails and calls.

I have submitted my cleaning quote to them. But admittedly I did fib a bit about some outstanding costs--it was naughty I know but I was hoping that by demonstrating the scale of the issue they would agree to my intial demand of the full deposit. I am sure that they will call me on this, but once in court, I will just show the true costing of the items. It is still near the £4000. I was trying to be reasonable by asking for the whole depsit. As they have refused I am going to sue for the REAL amount!

Where exactly did I fall down with the inventory? I know it is a stupid question but I need to nail it. Was it the photos? The lack of independent witnesses and/or nobody asked tenants to complete it until well after they moved in, or that I have failed to use it for further correspondence with tenants therefore essentially making it void (or would it stand up in court as they signed it and not dated it? no witness?) Please?
--is none of it going to stand up in court then? They signed it! Just because I have chosen to ignore it does not mean that it isn't there.

I am not unreasonable. I think that my breakdown of costing is fair. they did alot of damage. The place was unclean for habitation in my opinion! I hired the best cleaners and they charged over £500. Seems right too---carpets, deep clean!

BitterAndTwisted

Your tenants knew you were a bad landlord from the moment they entered the property and realised that the inventory was inaccurate. I don't blame them for making notes on it: I would. You either accept their amended inventory as your starting-point or you decide to stop pursuing them for the cost of putting right any damage whatsoever. Your choice.

sequence

zzzz..... It's not your house once you let it out. No longer yours, sorry.

Jenniefour

If I were in your shoes I would use this as a learning opportunity - I think the 4k you are after is well over the top, especially for two and half years of continuous rent. Others have commented in informed detail about the ins and outs of all this - use it to learn, get the property sorted and let again and move on.

And, in future, do the inventory yourself with the tenants present so everything can be agreed properly from the outset. With the photo's taken openly - everything aboveboard from the beginning.

Doesn't sound like there's much in there that a good cleaner, gardener and handyman can't sort out in a day or two anyway. Most landlords would be happy with that after two and half years of rent going into their bank account - ordinary expenses associated with being a landlord. Sounds like noraml wear and tear.If you want to continue being a landlord then join one of the professional associations and get yourself informed about tenants and landlords rights and obligations.

Doozergirl

Sounds to me like you needed a bit of sandpaper, a pot of paint, bit of elbow grease and some limescale remover. I spent £4k on a new heating system, complete decoration, flooring and the entire kitchen in my rental! Frankly I'd be grateful that I didn't have to re-let the property four times in that period and I'd allow for that, as well as the fact that in my own home I allow for completely repainting each room once every two years. And I would also seriously consider re-painting after any tenant anyway.

I've had my tenant for three years, she's still there. I visited yesterday because there are a few things that need doing that she alerted me to. I wouldn't dream of going there otherwise. There is some wear and tear and it was a little disappointing that I need to spend a bit of money, but only for as long as I realised it wasn't yesterday that we decorated and put a new kitchen in, it was three years ago! My own tumble dryer packed up quicker than that and I've already re-painted my house in that time. It's my responsibility to keep my tenant safe and happy, and I need to spend a bit to keep my good tenant. I can't possibly expect things to be exactly the same as when she moved in!

It's a two way relationship where you both give input. It's not my house, it's her home and she pays for a service, not a bloody privilege!

You need to find some perspective and some respect. Get over it. It's been re-let quickly so it can't have been all that bad; concentrate now on understanding the law.

Ulfar

Well having read that after 2.5 years it pretty much all sounds like wear and tear. Have you spent any money on maintaining the items you have listed.

Owners of property do have to do maintenance, I would expect to be repainting after 3 years as even the most careful of person will get marks on the wall. I also use very good paint unlike some landlords.

Damage to radiator covers are you having a laugh, clean the stains of and repaint if they are the wooden ones or do you just mean the metal bit on the top of the radiator in which case these cost not a lot to replace.

The stained carpet I will give you but don't forget depreciation, lifetime of a carpet for depreciation is 5 years.

This as others have said is the costs of your business the fact you have admitted harrassing them on here doesn't bode well.

It would have been a good idea to have an inspection with the tenants before they left to give them the chance to rectify anything and then a final check out inspection. However how they live is nothing at all to do with you, as long as they leave the property in the same state as when they took it on allowing for wear and tear.

I have just read about your lying about the costs, I take it you did fill out the court papers with these inflated costings. If so your going to need good luck in court if pulled up on it as I would expect the judge to throw your claim out, if not levy a fine.

Chillermiller

It was more than wear and tear! There was writing on 2 of the walls--from a kid. Also the carpet was stained beyond recognition...also more than wear and tear! They never cleaned and that caused mold everwhere in bathroom and in kitchen!!! The marks were more than just a few tea rings...there was paint chips! They were bespoke! Will cost me £500 each to be fixed! There was food stuff in the kitchen...it was discusting!

I dunno what you mean about learning the law...you mean for rental law or for my pending claim?

My tenants were difficult and I did not like them. They questioned me too much, ignored my requests and they have now cost me money...I do not want to spend money when they should have given me back my house the way it was let to them! I told them repeatedly to do this! Filthy people! I do not think that charging them 40% of the costs to repaint is unreasonable! I don't think that them footing the full bill for cleaning is unreasonable. I don't think that me having access to my home is unreasonable! Them changing the locks is unforgivable! Then writing on my walls is unforgivable! They have wasted so much of my time and they think that I am unreasonable! Oh and they taped things to a wall which has left huge marks where the paint has come away...come on people....they are no saints!!!! Harrassing them? I have never done that! I called them a few times and emailed them to tell them they were dirty and to get it right...but that is not harassment!

DVardysShadow

Chillermiller wrote: »

... 4) I refuse to used the DPS resolution service as they are soft on tenants. I want my tenants to PAY!!!! They refused me entry to my own house during last month of tenancy--I lost out on reletting it for 3 weeks because of them! I also had to take the time to organise all of the redecoration etc and that too costs money! I am furious! They changed the locks because they didn't want me to enter because I said I was going to--I wouldn't have, I just wanted access! I did x2 but none after that in final weeks. I wanted to take pictures (to prove they were filthy beasts) but denied me this! So, I want to sue and I want to know if I have a case given that there is a disputed and unsigned by me, inital inventory. My photos are general. Checkout inventory was not completed in front of tenant and never signed by them to confirm agreement. My only witness is LA who works for me. All after photos are close up as distance photos do not show damage.

Do I have a case?

That is where I lost sympathy with you.

Chillermiller wrote: »

Sounds like your getting all you deserve! I really despise landlords who can't respect their tenants right to quiet enjoyment.--Really?
--it is my house...i wanted in to see it and take photos for remarketing. I gave them more than a weeks notice. I did not ever enter without their permission. This tenant was difficult...don't get me wrong. They were very uncooperative with me. They would give me the run around for access--not answering emails and calls.

I have submitted my cleaning quote to them. But admittedly I did fib a bit about some outstanding costs--it was naughty I know but I was hoping that by demonstrating the scale of the issue they would agree to my intial demand of the full deposit. I am sure that they will call me on this, but once in court, I will just show the true costing of the items. It is still near the £4000. I was trying to be reasonable by asking for the whole depsit. As they have refused I am going to sue for the REAL amount!

Where exactly did I fall down with the inventory? I know it is a stupid question but I need to nail it. Was it the photos? The lack of independent witnesses and/or nobody asked tenants to complete it until well after they moved in, or that I have failed to use it for further correspondence with tenants therefore essentially making it void (or would it stand up in court as they signed it and not dated it? no witness?) Please?
--is none of it going to stand up in court then? They signed it! Just because I have chosen to ignore it does not mean that it isn't there.

I am not unreasonable. I think that my breakdown of costing is fair. they did alot of damage. The place was unclean for habitation in my opinion! I hired the best cleaners and they charged over £500. Seems right too---carpets, deep clean!

Fibbing? Rot in hell. If you are going to court having fibbed, I hope you lose roundly.

Chillermiller

I have just read about your lying about the costs, I take it you did fill out the court papers with these inflated costings. If so your going to need good luck in court if pulled up on it as I would expect the judge to throw your claim out, if not levy a fine.

--No, no inflated costs are on any court papers. I just said it to my tenants about 1 or 2 items (maybe 3) but that was so that they would understand that I am reasonable in only asking for the full deposit and not the actual amount (which is still around £4000) no matter what way to cut it! When they refused to accept any damage therefore a deduction from their deposit, I told them I will sue them for the full deposit and more! I am going to fill out my court papers in the morning but not with any inflated costs as I am not a complete idiot! I know I have a case! The damage I discribe is not fair wear and tear! they could have stopped this by engaging in reasonable debate. They chose not to. I have chosen to sue them then! I have an inventory that they signed even though I deleted monies from another copy that they have not signed (they are the same just no signatures). I can show they did this--my photos cannot be made up!

Wee_Willy_Harris

Chillermiller wrote: »

Do I have a case?

Seems like a pointless question to ask....

Chillermiller wrote: »

I know I have a case!

I say, go for it! Fill your boots, mate. But do come back and tell us how you got on.... I could do with a good laugh.