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Landlord Suing me for £6,500!!!!
rmacnair
Posts: 30 Forumite
Hi,
This is my first post here so sorry if I haven't followed the standard way of posting properly.
I rented a house from a private landlord between February 2011 to February 2013. I paid a £995 deposit (stored in the DPS) and £895 a month rent. The property is in the Cheshire countryside.
I had 2 dogs (german shepherds) at the property, one being a puppy. The landlord was aware of this and it was included in the contract.
The property itself is an old cottage with an extension (the extension is approximately 20+ years old) with a large garden and a 1/3 acre field.
During the first 2-3 months at the property the puppy chewed the underside of some of the kitchen cabinets, a corner skirting board and was jumping up at the wooden kitchen door scratching it. After about 3 months we decided to crate her, where she stayed until the end of tenancy. The landlord had seen this damage on several occasions and never raised any concerns. The kitchen was small (approximately 8ft by 6ft, including cabinets all the way around) and as old as the extension (20+ years).
Throughout our tenancy we raised several concerns and requested maintenance be carried out on certain aspects of the property as we were paying a significant amount of rent; the landlord ignored the vast majority and only carried out minor maintenance when threatened with legal action by housing standards. The damages/repairs/faults we requested to be looked at were:
- Electrical faults resulting in bulbs constantly blowing and dimmer switches not working (ignored for 6 months till end of tenancy)
- Ant & slug infestation (I resolved this)
- broken glass, roof tiles and bricks left across the garden (landlord removed broken glass only after intervention from Housing Standards)
- Main gate to driveway broken and didn't open properly (ignored)
- Second gate to driveway broken and didn't close properly; concerned as dogs could get out after postman had been (ignored)
- Washing machine door handle broke (ignored)
- boiler cupboard door (located in bathroom) broken (landlord fixed with 1 flimsy magnet: consequently the door fell off every time it was opened)
- Main door to house had a 1 inch gap at the top letting in a large draft (ignored)
- Previous tenants rubbish (mainly beer bottles and cartons filling a large storage bin) left in garden (ignored)
- 2 large piles of horse muck left in 1/3 acre field (ignored)
- TV antenna points not working (I fixed this)
- bath seal kept coming off (landlord fixed once and came off again 1 week later - ignored).
- Landlord dumped 10ft carpet roll in garage halfway through tenancy (cars couldn't get access). Landlord ignored this so I moved it behind the house; landlord then moved it back inside the garage without any notice
- kitchen floor needed regrouting as there were large gaps (ignored)
- kickboards in kitchen broken since tenancy started and needed replacing
- cupboards doors throughout house were loose and needed new hinges.
- large heavy hatch broke and nearly hit niece in the head (would have caused severe damage). Landlord fixed with tiny cheap bolt; this broke 1 week later and nearly hit me in the face (ignored)
These are just the problems i have in writing that we asked him to look at, there were many more.
At the end of tenancy we did not trust the landlord to return our deposit without a lengthy dispute so we sent him a letter stating that the last months rent can be deducted from out deposit. He also took the remaining £100 for damages, which I was fine with as this was a fair representation of the damage caused by the puppy.
However, fastforward 7 months and I have received a letter from a solicitor claiming £6,500 worth of damages!!! This is preposterous but has me worried as I don't want to have to go through court. They have said that they will accept £5,000 which will mean no court action. Their summary of the costs are below, with my interpretation of costs of repair:
Replace entire kitchen £4560.00
Chew marks at bottom of cupboard doors and corner of one cupboard from dog. Kitchen was significantly old, possibly 20+ years. Kitchen units had damage and blemishes prior to commencement of tenancy, as captured in original inventory. Could have been repaired with wood filler, sand paper and wood stain. Kitchen was not damaged beyond repair and an entire new kitchen was not required; no explanation as to what was in included in new kitchen.
My estimate repair cost: £16
Replace kitchen door £264.00
Scratches on wooden door from dog. Could have been repaired with sand paper and wood stain. Door was not damaged beyond repair and new door was not required.
My estimate repair cost: £11
Other damages (including new light bulbs, painting, refitting old damaged doors, replacing locks??) £712
The majority of these 'damages' were already existing and have been added to through general wear and tear and so for the most part I am refusing to pay them. For those damages that I was responsible for I estimate a repair cost of £30
Gardener £475
The landlord used a roofing and building contractor that was dissolved in 2007?? my gardener costs £10 an hour; what garden needs 47.5 hours work?? the checkout report showed it as being overgrown and some weeds.
My estimate repair cost: £40
Electrician £38
This bill was for an electrician that came out 6 months in to the tenancy to fix a joint box that the landlord broke. Never mentioned it until now.
Septic Tank emptying £140
This bill is for 6 months after the end of tenancy whilst he we living in the house??
There are some other costs involving cleaning and £248 for services such as LPG and a chimney sweep. I am happy to pay the services as they were my responsibility but as for the cleaning we had to get a cleaner when we moved in as it was dirty, dusty and there was a 1 inch layer of mould under the fridge.
During our tenancy he also repeatedly turned up unannounced, sent round an engineer to do a gas safety check without telling us and even let himself in to the house once without even telling us he was coming round. On once occasion he turned up looking through the windows when my girlfriend was just out of the shower. These instances were reported to the estate agent who found us the property.
I was going to suggest paying the landlord £248 for services (gas and chimney sweep) and since he already took £100 off me for the deposit to put that towards the cost of repairs.
Sorry about the length of the post, but without putting all the detail in it's difficult to understand the full picture. My questions are:
- What are people's opinions?
- Should I offer more or less?
- Should I take it to a small claims court?
- If it does go to court what would be the likely outcome?
- I think he may have had the kitchen fitted and repairs done thinking he could claim it on his insurance and the insurance have said no so he's clutching a straws trying to file a lawsuit against me. Is that likely?
Personally I don't want to pay this man a penny as he is a horible, condescending snooty man who thinks he's above everyone else.
I will be grateful for any advice and will happily answer any questions anyone has and obviously will keep people informed of what's happening with the case as I'm sure I can't be the only person in such a predicament.
This is my first post here so sorry if I haven't followed the standard way of posting properly.
I rented a house from a private landlord between February 2011 to February 2013. I paid a £995 deposit (stored in the DPS) and £895 a month rent. The property is in the Cheshire countryside.
I had 2 dogs (german shepherds) at the property, one being a puppy. The landlord was aware of this and it was included in the contract.
The property itself is an old cottage with an extension (the extension is approximately 20+ years old) with a large garden and a 1/3 acre field.
During the first 2-3 months at the property the puppy chewed the underside of some of the kitchen cabinets, a corner skirting board and was jumping up at the wooden kitchen door scratching it. After about 3 months we decided to crate her, where she stayed until the end of tenancy. The landlord had seen this damage on several occasions and never raised any concerns. The kitchen was small (approximately 8ft by 6ft, including cabinets all the way around) and as old as the extension (20+ years).
Throughout our tenancy we raised several concerns and requested maintenance be carried out on certain aspects of the property as we were paying a significant amount of rent; the landlord ignored the vast majority and only carried out minor maintenance when threatened with legal action by housing standards. The damages/repairs/faults we requested to be looked at were:
- Electrical faults resulting in bulbs constantly blowing and dimmer switches not working (ignored for 6 months till end of tenancy)
- Ant & slug infestation (I resolved this)
- broken glass, roof tiles and bricks left across the garden (landlord removed broken glass only after intervention from Housing Standards)
- Main gate to driveway broken and didn't open properly (ignored)
- Second gate to driveway broken and didn't close properly; concerned as dogs could get out after postman had been (ignored)
- Washing machine door handle broke (ignored)
- boiler cupboard door (located in bathroom) broken (landlord fixed with 1 flimsy magnet: consequently the door fell off every time it was opened)
- Main door to house had a 1 inch gap at the top letting in a large draft (ignored)
- Previous tenants rubbish (mainly beer bottles and cartons filling a large storage bin) left in garden (ignored)
- 2 large piles of horse muck left in 1/3 acre field (ignored)
- TV antenna points not working (I fixed this)
- bath seal kept coming off (landlord fixed once and came off again 1 week later - ignored).
- Landlord dumped 10ft carpet roll in garage halfway through tenancy (cars couldn't get access). Landlord ignored this so I moved it behind the house; landlord then moved it back inside the garage without any notice
- kitchen floor needed regrouting as there were large gaps (ignored)
- kickboards in kitchen broken since tenancy started and needed replacing
- cupboards doors throughout house were loose and needed new hinges.
- large heavy hatch broke and nearly hit niece in the head (would have caused severe damage). Landlord fixed with tiny cheap bolt; this broke 1 week later and nearly hit me in the face (ignored)
These are just the problems i have in writing that we asked him to look at, there were many more.
At the end of tenancy we did not trust the landlord to return our deposit without a lengthy dispute so we sent him a letter stating that the last months rent can be deducted from out deposit. He also took the remaining £100 for damages, which I was fine with as this was a fair representation of the damage caused by the puppy.
However, fastforward 7 months and I have received a letter from a solicitor claiming £6,500 worth of damages!!! This is preposterous but has me worried as I don't want to have to go through court. They have said that they will accept £5,000 which will mean no court action. Their summary of the costs are below, with my interpretation of costs of repair:
Replace entire kitchen £4560.00
Chew marks at bottom of cupboard doors and corner of one cupboard from dog. Kitchen was significantly old, possibly 20+ years. Kitchen units had damage and blemishes prior to commencement of tenancy, as captured in original inventory. Could have been repaired with wood filler, sand paper and wood stain. Kitchen was not damaged beyond repair and an entire new kitchen was not required; no explanation as to what was in included in new kitchen.
My estimate repair cost: £16
Replace kitchen door £264.00
Scratches on wooden door from dog. Could have been repaired with sand paper and wood stain. Door was not damaged beyond repair and new door was not required.
My estimate repair cost: £11
Other damages (including new light bulbs, painting, refitting old damaged doors, replacing locks??) £712
The majority of these 'damages' were already existing and have been added to through general wear and tear and so for the most part I am refusing to pay them. For those damages that I was responsible for I estimate a repair cost of £30
Gardener £475
The landlord used a roofing and building contractor that was dissolved in 2007?? my gardener costs £10 an hour; what garden needs 47.5 hours work?? the checkout report showed it as being overgrown and some weeds.
My estimate repair cost: £40
Electrician £38
This bill was for an electrician that came out 6 months in to the tenancy to fix a joint box that the landlord broke. Never mentioned it until now.
Septic Tank emptying £140
This bill is for 6 months after the end of tenancy whilst he we living in the house??
There are some other costs involving cleaning and £248 for services such as LPG and a chimney sweep. I am happy to pay the services as they were my responsibility but as for the cleaning we had to get a cleaner when we moved in as it was dirty, dusty and there was a 1 inch layer of mould under the fridge.
During our tenancy he also repeatedly turned up unannounced, sent round an engineer to do a gas safety check without telling us and even let himself in to the house once without even telling us he was coming round. On once occasion he turned up looking through the windows when my girlfriend was just out of the shower. These instances were reported to the estate agent who found us the property.
I was going to suggest paying the landlord £248 for services (gas and chimney sweep) and since he already took £100 off me for the deposit to put that towards the cost of repairs.
Sorry about the length of the post, but without putting all the detail in it's difficult to understand the full picture. My questions are:
- What are people's opinions?
- Should I offer more or less?
- Should I take it to a small claims court?
- If it does go to court what would be the likely outcome?
- I think he may have had the kitchen fitted and repairs done thinking he could claim it on his insurance and the insurance have said no so he's clutching a straws trying to file a lawsuit against me. Is that likely?
Personally I don't want to pay this man a penny as he is a horible, condescending snooty man who thinks he's above everyone else.
I will be grateful for any advice and will happily answer any questions anyone has and obviously will keep people informed of what's happening with the case as I'm sure I can't be the only person in such a predicament.
Those who cannot remember the past are condemned to repeat it
0
Comments
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Your post is too long.
I skim read a few of your repair estimates.
Have you ever got a tradesman to come out to do work and been charged £11?Well life is harsh, hug me don't reject me.0 -
I am by no means an expert (I'm sure more experienced posters will be along shortly), but if there was no dispute raised at check out and the deposit was released by the DPS without dispute I fail to see how the LL can suddenly claim damages 6 months later.
Surely thats the whole point of the dispute resolution service provided by the deposit protection schemes?0 -
Your post is too long.
I skim read a few of your repair estimates.
Have you ever got a tradesman to come out to do work and been charged £11?
Sorry, I know its a big one, but too much info is better than not enough
No, but i've never had a tradesman out to do things like that; its a simple DIY job normally so I'd do it myself (It isn't difficult or costly to sand, fill and paint a bit of wood). Any repairs that weren't electrical whilst I lived at the property and before I lived there he did DIY. If he isn't going to get tradesmen in whilst I'm living there why should I pay to get them in when he's living there?
Perhaps I'm undershooting the costs, but he never even consulted me at any stage until I received a letter from the soliciotors with vague receipts. I have friends and family who are builder / plasterers / painters / electricians that I could have suggested to do the work for him.Those who cannot remember the past are condemned to repeat it0 -
I am by no means an expert (I'm sure more experienced posters will be along shortly), but if there was no dispute raised at check out and the deposit was released by the DPS without dispute I fail to see how the LL can suddenly claim damages 6 months later.
Surely thats the whole point of the dispute resolution service provided by the deposit protection schemes?
I wasn't involved in the check out or even aware it had been carried out.
But, the same sort of numbers were quoted when he wanted the remaining £100 of the deposit, but I contacted the DPS and they said that this was just concerning the deposit. I just assumed he was putting all that down to make sure he got the remaining £100 and after 12 months (11 because I couldn't live there for the last month) I just wanted to be done with it.Those who cannot remember the past are condemned to repeat it0 -
What has this solicitor headed the letter as ?
Letter before action, notice before claim, notice of intended court action ?
Or is it just a begging letter.
We need to know ASAPBe happy...;)0 -
It's simply headed: Dilapidations
The letter is pretty short, I don't have it to hand but the gist of it is:
This is a letter to outline the costs incurred to the landlord as a result of the tenancy, totalling £6,500; quotes attached (there are no quotes, only basic invoices e.g. Replace Kitchen £4,500). The landlord does not wish to take this matter to court and therefore offers a settlement of £5,000. Please respond within 14 days, otherwise we will commence court proceedingsThose who cannot remember the past are condemned to repeat it0 -
Ignore the clown: He can't charge you all that to replace (eg) a 20-year old kitchen.
Let him take you to court: Might be fun watching him lose & pay your costs....
If a more realistic letter comes later then post again...0 -
theartfullodger wrote: »Ignore the clown: He can't charge you all that to replace (eg) a 20-year old kitchen.
Let him take you to court: Might be fun watching him lose & pay your costs....
If a more realistic letter comes later then post again...
I'd rather not go to court though. I'm a contractor myself and say I miss work through mitigation I would miss out on nearly £300 a day or could I claim that back for him wasting my time?
Shelter and Citizens Advice couldn't really help other than suggesting I write a letter witha counter offer; I've wrote the letter but haven't sent it yet. They want a response before Monday 30th SeptemberThose who cannot remember the past are condemned to repeat it0 -
What you percieve to be fair and what the landlord percieve to be fair are clearly 2 entirely different things.
Two things come out of your posts for me OP.
Firstly, it's obvious you don't see eye to eye with the landlord.
Secondly, you have no idea of real-world costs. Absolutely none whatsoever. Why should the landlord accept your bodged DIY efforts for things your dog damaged? Chances are your attempts to make the kitchen look better would fail.
Can the kitchen still be sourced? If so why not offer to buy the individual components that your dog chewed and pay to have them fitted. If it can't then I don't know where you go from there, but if I were a landlord I'd expect the damaged items to be replaced at the very least, but then he probably doesn't want a kitchen where some components don't match the rest of the kitchen. I suspect that's why you've got a full replacement quote.
The rest of it you'll have to argue over but I can see where your landlord is coming from in relation to the kitchen and door.0 -
I would ignore them until they issue a correct Letter before action .
A counter offer is utmost stupidity.
If you feel you must send something send this.
Dear sirs, your speculative invoice:
Proof of claim:
Unless you are able to offer some proof of claim to substantiate any of the ridicules claims in your demand I shall close the matter in 14 days.
Please provide proof of claim to at least evidential standards or issue a correct letter before action to which I shall respond.
I will to mitigate costs draw your intention to the check out inventory and DPS reports, I do trust your client did provide you with these dated documents of contract closure or have they just instructed you to write a stupid letter and hope for the best.
I shall however make it very clear at this point I will defend any court claim vigorously and counter claim for harrsament caused by bringing a vexatious and speculative demand.
The contract is closed and finalised, I would expect someone of legal standing to know this and not write stupid letters.
Yours ..........Be happy...;)0
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