Ex-landlord sending a bill for damages 2 months on?!

Kimbooley

Hi everyone

My sister moved out of her rented house at the start of August. Landlady inspected the property with my sister there, said she kept it lovely and thanked her for doing so. The deposit was returned in full, no problems or complaints about the house were raised at all.

Until today.

My sister received a random text from the landlady saying "Hi, I've found a crack in the cupboard. I'm sending you the bill."

My sister is refusing to pay any bill as nothing was noted or mentioned during or ager inspection and she had her deposit returned in full!

This is almost 3 months later... Where does my sister stand legally? Surely she isn't liable for any charges?
The landlady could have caused that and wants to charge for a new cupboard or something for all we know.

???

pmlindyloo

I don't suppose your sister still has the inventory of the house to see if there was anything about a crack in the cupboard.

Basically no inventory - LL cannot claim anything.

I suppose, in theory, the LL could take your sister to Small claims court but after such a long time and with the return of the deposit in full then I suspect she wouldn't win.

So, your sister needs to write a letter (keep copy and PO free receipt) saying that she denies causing the crack in the cupboard, it wasn't mentioned at the check out, the deposit was returned in full and as far as she is concerned that is the end of the matter. She could add, please supply evidence that she caused the crack.

dgtazzman

The LL confirmed the property was left in good order, confirmed by deposit being returned in full, also, after 3 months, how is anybody going to confirm your family member is responsible for the crack?

Ignore the bill, if LL takes into small claims, defend on the above points and LL will more than likely lose, but I suspect the cost of the repair won't justify the LL's time and effort to take it to court anyway.

thequant

pmlindyloo wrote: »

I don't suppose your sister still has the inventory of the house to see if there was anything about a crack in the cupboard.

Basically no inventory - LL cannot claim anything.

I suppose, in theory, the LL could take your sister to Small claims court but after such a long time and with the return of the deposit in full then I suspect she wouldn't win.

So, your sister needs to write a letter (keep copy and PO free receipt) saying that she denies causing the crack in the cupboard, it wasn't mentioned at the check out, the deposit was returned in full and as far as she is concerned that is the end of the matter. She could add, please supply evidence that she caused the crack.

In theory the LL can use the small claims process, but where there is other mediation schemes such as the TDS scheme available, then there would have to be extenuating circumstances for the court to find in her favour.

But anyway leaving aside the TDS scheme, the fact that she has come 2 months later and admitted she has only just found the crack means legally she is unable to prove when said crack occurred, so even then the court will find in your favour.

tell the LL to go away

m0bov

Ignore it, if you get anymore texts then contact the Police, you should have something in writing from your Ex LL with evidence however after such a long time there would be no chance in proving it.

jjlandlord

The fact that the landlady is seeking compensation 2 months after the end of the tenancy does not matter: She is entitled to do that, and would win in court if she had evidence.

The key is having evidence: She admits that she found the issue 2 months after tenant left so IMHO it would be very difficult to show any evidence that the ex-tenant has anything to do with it.

jaylee3

I would tell the landlady to swivel. (After tearing the letter up and putting it back in the envelope in 100 pieces, and sending it back to her!)

She doesn't stand a CHANCE of getting the repair paid for by your sister; not if the 'damage' was not picked up on checkout, and she got the full deposit back.

Personally, I think she is a cheeky mare.