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Landlord Suing me for £6,500!!!!
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Here's a link to a useful guide of how to approach working out the costs by considering the age of the item and it's expected lifespan:
Avoiding Betterment & Considering Apportionment
http://www.arla.co.uk/information/deposit-protection/betterment-and-apportionment/
I'd be using that kind of calculation to put forward what I think is owed. Also refer back to the inventory for the initial conditions, including the lack of cleaning at the start. As for avoiding court if possible I'd suggest you push for the deposit scheme to arbitrate. I take it you presumably checked the deposit was protected AND prescribed information served? If not you can claim for that but it'd require court.0 -
Stop talking to shelter or any other charity or forum. Speak to a solicitor. Have all your documents to hand and get their official opinion and response to the former LL.0
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The septic tank emptying should have been dealt with by noting it's fullness on the inventory in check in and check out. The tenant then pays pro-rata for the emptying based on how much they filled it up. So if the tenant arrives to find the tank full he doesn't pay full cost to empty. Likewise if he leaves it full when it was empty at the start of his tenancy he pays his share. Bit like noting meter readings really. It's up to the landlord to have the proofs from the inventory although a tenant should always take their own readings. So if you never emptied the tank you should be making a contribution.0
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I've never been through any sort of court action or legal proceedings before, other than a speeding fine. What is the requirement for the LL's solicitors? i.e. what steps do they have to legally follow before it goes to mitigation and court (I assume this would go to a small claims court?)
Did you mean mediation? Mediation or any other form of ADR is not required, although there may be costs sanctions if you refuse or fail to offer it.
They could start court proceedings now, if they want to.0 -
Agree with the others a simple letter as RAS suggested is the way to go here. IF this went to court most of it would be thrown out. Your costings of things are waaay too low in lots of cases as well because you are assuming DIY rather than work done by a professional.
Annie suggests you need a solicitor but i don't agree with that at this point, simply rebuff the speculative invoice as RAS suggests and let us know about any further correspondence.When using the housing forum please use the sticky threads for valuable information.0 -
The septic tank emptying should have been dealt with by noting it's fullness on the inventory in check in and check out. The tenant then pays pro-rata for the emptying based on how much they filled it up. So if the tenant arrives to find the tank full he doesn't pay full cost to empty. Likewise if he leaves it full when it was empty at the start of his tenancy he pays his share. Bit like noting meter readings really. It's up to the landlord to have the proofs from the inventory although a tenant should always take their own readings. So if you never emptied the tank you should be making a contribution.
The septic tank required emptying once every 12 months. I entered the property in February 2012 and had it emptied in July 2012 ata cost of £140. His invoice is for July 2013; 5 months after I leftThose who cannot remember the past are condemned to repeat it0 -
I do not have any legal knowledge but there are a few things that I thought might be relevant. Do you have any proof of damage caused by dogs? Was £100 damages mentioned in a letter? Did they mentioned what for? Do you have proof LL accept damages?
Was the damages of £100 based on what you believe to be loss of 'service' e.g garage access? I would be cautious of clouding issue with minor repairs.
I would have thought that you would be entitled to have a copy of leaving report.
The not paying of rent in lieu of deposit seems the wrong way of doing it but I can see why you might do it.
Personally, I think it is fine to get opinions but however well intended you may be given some wrong advice.0 -
angel00079 wrote: »I do not have any legal knowledge but there are a few things that I thought might be relevant. Do you have any proof of damage caused by dogs? Was £100 damages mentioned in a letter? Did they mentioned what for? Do you have proof LL accept damages?
Was the damages of £100 based on what you believe to be loss of 'service' e.g garage access? I would be cautious of clouding issue with minor repairs.
I would have thought that you would be entitled to have a copy of leaving report.
The not paying of rent in lieu of deposit seems the wrong way of doing it but I can see why you might do it.
Personally, I think it is fine to get opinions but however well intended you may be given some wrong advice.
He'd said he was ending the tenancy at completion and as such we needed a deposit to move in to a new house. So we used our last month's rent for this (this was advise from an independant estate agent who had no involvement). The £100 was what was left over and I simply didn't have the appetite to contest anything so I just let him have it.
The damages are on 2 cabinet doors and the corner of one block (the kitchen consisted of these 2 cabinets plus 12 more cabinets, a cooker, fridge and dishwasher which were all in no worse condition than when we entered the property). The damage is covered by photograph in the check out report, of which I now have a copy.Those who cannot remember the past are condemned to repeat it0 -
deannatrois wrote: »Why was the garden left overgrown if you paid a gardener £10 an hour to do your garden? Either the gardener wasn't up to much, you didn't use the garden or you hadn't paid a gardener for some time..
My current gardener costs £10, I did have one during the summer months but he stopped coming around September and I left in February; when it says overgrown it doesn't mean 6ft tall or anything. It was about 6" tall when I left.deannatrois wrote: »Normally I'd feel sorry for a tenant but to be honest, the landlord and you seem to be a good match for each other lolol.
I'm a stubborn b*stard but I don't deny i owe him some compensation; I just don't see why I should pay him £6,500. My estimations are low yes, as they're based on DIY. But you don't haggle a price at the market by offering what something's worth when they're vastly overselling it do you? you try and get it to as low a price as possible.Those who cannot remember the past are condemned to repeat it0 -
I've sent a letter to the solicitor, with a cut down version of what I had before and various comments from other posts. The rest I have included as Appendices for further clarification of my points.
It seems a bit divided as to what the outcome will be of this; whilst some people seem to think the LL doesn't have a leg to stand on others think I should pay substantially more than I have offered.
I've given the solicitor's 2 weeks to reply (as this is the time they gave me to respond) and hopefully an agreement will be made. I'm confident that I won't have to pay anywhere near what the LL is claiming, but I am now prepared to pay him relevant compensation for the damages caused by myself. Fingers crossed that will be around the £300-£400 I had originally expected.Those who cannot remember the past are condemned to repeat it0
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