moved out- landlord chasing for damage?

oochiepoochie

Hi everyone

first time posting on this board and with a query for my neighbour. her daughter recently moved out of a rented property- the tenancy was terminated early as the landlord has to sell. she has received her deposit back but has since had a letter from a solicitor with a request for payment of over £1000 for damage :shocked:

not long after she moved in, she noticed that the joins between the bath and the wall leaked when she used the shower. it was presumably a problem that was pre-existing as there were several layers of messily applied silicone sealant around the area. the leak wasn't apparent on the ceiling below the bathroom- she noticed because the sealant wasn't stuck down properly and could hear a slight drip after using the shower which she traced to the source. she contacted the letting agent and the landlord sent someone who fixed it. anyway, it was sorted and she though no more of it. nothing mentioned on the check out a short while ago and the deposit was returned with no deductions.

she is now in receipt of this letter from the landlord's solicitor requesting payment for the damage that has been caused by the leak! i'm struggling to see how she could be held accountable for the repairs: she contacted the landlord as soon as she became aware of a problem and then trusted that the problem had been resolved (no sign of any further leaks after the repair had been carried out). i kind of think that it's probably a speculative attempt by the landlord to get some cash out of her, but that's because i'm a horrible old cynic

we've suggested that she sees a solicitor for an inital free consultation but money is very tight for her at the moment after having just moved and she cannot afford to instruct someone to act for her.

between now and when she gets to speak to a solicitor, does anyone have any words of hope for her please? or suggestions for what she can do next?

many thanks

HappyMJ

She won't be liable...at least I don't think so. You don't need a solicitor just wait until court action is started by the landlord then respond to it denying everything...it's all civil you can easily represent yourself if it gets that far. It's not like a criminal court. It's just everybody sitting around a table discussing everything and coming to some sort of agreement.

19lottie82

If it wasn't mentioned on the check out and she has had her full deposit returned I'd be telling them to take a running jump. Tell your neighbours daughter not to worry about it.

BitterAndTwisted

By having workman attend and fix the leak, this should absolve the tenant of any responsibility of any consequential damage for it. Unless the landlord is blaming the tenant for causing the seal to fail somehow or not reporting this in good time.

Personally, I think this landlord is flying a kite. If they had any convincing evidence to persuade the deposit scheme's arbitrators that the tenant caused this damage they could have proposed a deduction from the deposit, although they are not compelled to use the arbitration process at all.

dancingfairy

Ignore it. She's had the deposit back so just ignore the letter. They are trying it on. The solicitor may have only been given half the facts or may even have told them they are on a hiding to nothing.
IF they decide to issue court papers then you'll have to defend it, which means turning up to court with any proof that you have that it was a pre existing condition. To be fair though, if it wasn't on the check out inventory then I can't see that they have a leg to stand on.
df

oochiepoochie

wow, thank you all so much for your quick replies! aw, MSE forums always have someone to offer some kind words of advice: it's very much appreciated.

so you think it's not even worth sending a response to the solicitor's letter? we were going to draft one refuting the allegation and refusing payment. she would be terrified if she ended up getting a court summons in the post, poor thing.

once again, huge thanks for your input :-)

RAS

Does she have any written evidence of the request for repair?

oochiepoochie

RAS wrote: »

Does she have any written evidence of the request for repair?

yes, she has a letter from the solicitor the landlord has appointed stating that she is required to pay over £1000 for repairs. i've not seen the letter to know exactly what the damage is, only that it's damage caused by the leak around the bath. i'll ask her later what it says. she also has a letter from the letting agent saying that they found the property in good condition when she moved out, hence the bond was returned in full. i suppose they are arguing that the problem was not apparent at the check out, only when they looked closer but if that was the case, i wonder how reasonable it is that they would expect her to have noticed that the repair had failed if there were no outward signs that the problem had reoccured?

hoping she can get it sorted soon- it's only been a few days since she has had the letter and she is worrying herself sick :-(

BitterAndTwisted

RAS was asking whether the tenant reported the fault to the landlord or their agent in writing. But as the landlord arranged for a workman to come and resolve the issue I think any evidence that it was reported isn't relevant.

She could respond to the solicitor reminding the landlordthat the fault was reported and a repair arranged, so they believe that they acted appropriately under the circumstances. Never forget that a solicitor will write all the letters their client requests as long as they paid for them. Getting involved in a long-winded correspondence while acknowledging nothing will cost the landlord about £100 for every letter dealt with, so she could have some fun stringing things along for a bit if she was so minded.

thriftylass

RAS wrote: »

Does she have any written evidence of the request for repair?

I guess RAS means the letter for the original request for repair when she notice the leak etc. Any documentation for that?

antrobus

So....

Tenant moves in to property. Tenant notices a problem. Tenant notifies letting agent. Landlord sends someone round to fix it. Tenant subsequently quits property. Letting agent examines the property, finds it in good condition, and repays tenant's deposit. Landlord later discovers that the problem wasn't fixed, and that further damage resulted, and is asking the tenant to pay.

oochiepoochie wrote: »

i kind of think that it's probably a speculative attempt by the landlord to get some cash out of her....

That would be the explanation.


I would suggest that the neighbour's daughter reply to the letter from the landlord's solicitor requesting payment in the following fashion,

Dear Sirs,

Thank you for your letter of (whenever).

I refer you to the reply given in Arkell v Pressdram.

Yours faithfully,