Complaints about Landlord

Stu_Dent

olly300 wrote: »

Seriously just take the guy to the small claims court and argue every point. You may not win on everything but like EagerLearner's landlord the time spent fighting you won't be worth it for the landlord, and you will learn something new in the process.

Thanks for your comments..

My final questions before I start to type up my letter before action..

1) just to confirm,is the letter before action my next step?

2) How can I prove that tenants are not using the property? I was thinking maybe call up the water suppliers? surely you can't live without water..!

According to my landlord the tenants moved in the day after I moved out so has he got the right to charge me for a set of keys?

3) He is trying to charge us for the replacement of 6 sets of keys.Should I claim for the cost of 5 sets of keys or 6? I know for a fact that he only gave us one set, so i will definately claim for 5, but am i within my rights to claim for 6 as i returned the keys safely to him as soon as I could (via recorded delivery), although the contract had ended. Furthermore, it did not say anywhere in the contract that I have to return the keys the day the contract ended, and they werent in the inventory.

I think overall I am going to claim for the 6 sets of keys and the admin charges as no cheques bounced, they were merely late. In any case, there was reason for them being late as he offered us to pay the last months rent out of the deposit, and then changed his mind(I have proof)..

thank you!!

Stu_Dent

also, if i dont win everything I claim for does it mean that he doesnt have to pay for my court fees?

also, when I go to court I realise I have to pay these fees.. I take it they arent applicable to the landlord too?

Finally, in my letter before action, do i need to provide all proof i have for various claims?and does he have to reciprocate this?

Stu_Dent

anyone?:o:o

Dead_Eye_Jones

Stu_Dent wrote: »

Finally, in my letter before action, do i need to provide all proof i have for various claims?and does he have to reciprocate this?

When my gf went through this she contacted the CAB - they will give you advice on these things. From what I remember - the burden of proof lies with the land lord, it is up to him to prove that your negligence caused damage.

A mark on a matress would be "wear and tear" because it is reasonable that it was used and it is normal for used matresses to get marked. But either way he is the one who has prove that you (your friend) made it. You do not have to prove that you didnt.

We were told that courts will go in favour of the tennant if no proof can be provided.

In our case the landlord sent a full refund as soon as we threatened small claims court action - he knew he had no chance, but was just trying it on - he had nothing to lose by trying I guess! Half the time they get away with it i bet!

going2die_rich

You are a group of what 18 to 25 year olds and he's what a 35 plus year old landlord?

Grow a back bone and just tell him the next time he comes around unannounced or doesn't watch his mouth, he'll be getting the kicking of a lifetime!

adouglasmhor

G2D_R I am a 44 year old man and could probably leather most students on the planet without breaking a sweat. Plus what good do you think it would do anyway, charged by the police, evicted and no deposit back - wonderful advice.

olly300

Stu_Dent wrote: »

also, if i dont win everything I claim for does it mean that he doesnt have to pay for my court fees?

also, when I go to court I realise I have to pay these fees.. I take it they arent applicable to the landlord too?

Finally, in my letter before action, do i need to provide all proof i have for various claims?and does he have to reciprocate this?

In your letter before action just state:
1. You have previously contacted him on

to ask for your deposit back. 2. As he has not returned it if he doesn't return your deposit within 14 days you will take court action to get it back. 3. That he will be liable for any costs due to the court action and for interest on the deposit. * * This bit is important otherwise you may not be able to get the court fees and interest back from him if you don't warn him of this. If you win on

anything the landlord will be liable for the court fee.

If you lose on everything you will not get your court fee back.

Neither of you are liable to pay each other legal fees unless one of you become annoying to the judge.

The judge rules on common sense, the balance of probabilities and is likely to have seen many of these cases before so even if their is no proof for either of your claims they will make a judgement on who they believe. It is in your own advantage to provide as much proof as possible to swing the balance in your favour.


Oh yeah claim for the keys. And make it clear that you have a witness who took you to cut the keys.

Stu_Dent

Thanks everyone for your advice..

here are my final final final questions i promise!!

1) the landlord provided my friend with a mattress protector which he removed when we left. After removing we started to fix a couple of holes in the walls and the dust from the walls may have caused a small stain, however according to his and our pictures I cannot see any proof of that stain..

I know that dust was left on the bed but the landlord is saying it is soiled and discoloured and needed to be replaced... do people think that I should claim for the full cost of the mattress or just a portion of it? or any of it at all? He's trying to charge us £80.00

2) He charged 3 of my friends £25.00 admin fees each for late payment of rent (approximately 4 weeks). Is this fair?Should I claim it?

Please take into account when replying that he did at one point offer us the chance to pay our last months rent out of the deposit, which he later back tracked on..

thanks you everyone so much again, your help has been invaluable,

Stu

olly300

Stu_Dent wrote: »

Thanks everyone for your advice..

here are my final final final questions i promise!!

1) the landlord provided my friend with a mattress protector which he removed when we left. After removing we started to fix a couple of holes in the walls and the dust from the walls may have caused a small stain, however according to his and our pictures I cannot see any proof of that stain..

I know that dust was left on the bed but the landlord is saying it is soiled and discoloured and needed to be replaced... do people think that I should claim for the full cost of the mattress or just a portion of it? or any of it at all? He's trying to charge us £80.00

2) He charged 3 of my friends £25.00 admin fees each for late payment of rent (approximately 4 weeks). Is this fair?Should I claim it?

Please take into account when replying that he did at one point offer us the chance to pay our last months rent out of the deposit, which he later back tracked on..

thanks you everyone so much again, your help has been invaluable,

Stu

Stop procrastinating and claim for everything.

Leave it for the judge to decide if it gets that far.

If you have photos which show the mattress wasn't stained then dispute it. (If you agreed that the mattress was stained but then developed the photos later then say that.)

If your written contract doesn't say that you will be charged for late rent payments or the amount of the charge then dispute it.

If you have written proof that he stated he wanted you to pay the last months rent out of your deposit then put that in your claim.

morg_monster

unrelated to the court case but if you are still at that uni next term pop round to the new tenants and warn them about this guy straight off, then they can make sure to take photos etc, record every little thing that happens etc. You could let them know some of the things you've picked up here especially re the 'quiet enjoyment' and landlord having to give notice.

the house I lived in during my last year at uni, the landlord seemed really nice but the previous tenants warned us he had been nice to them initially but only returned a quarter of their deposit for alleged (unproven) damage despite the fact he had totally gutted the entire house the summer they left, redecorated, recarpeted, replaced all furniture and fittings etc, they were having to take him to court. We sidestepped this come our last month by telling him we were witholding our last months rent in lieu of return of deposit (yes I know this strategy is slightly iffy), he blustered a bit but we held firm and we didn't hear another peep out of him (since we left the house immaculate, paid all bills etc). We sent a letter addressed to "The Tenants..." the following september to give them a heads up about it...