Ex landlord taking me to court

DT12

JMCR wrote: »

The original landlord did not do an inventory. The new landlord bought the building at auction without viewing it.

Without an inventory they have no leg to stand on, coupled with your emails stating the problems as they existed at the time of moving in and the fact they paid the deposit back in full when you moved out, you have very little to worry about.

Respond to them, but you don't have the burden of proof, they do, so just deny that you caused any damage without offering any details. If they go to court it would be on them to prove damage by you, seeing as they have no inventory and you received your deposit back in full at the time I don't see how a judge could prove you were responsible.

JMCR

I have started compiling a reply but I think its pretty much going to be the same one I sent the LL 2 years ago. I cant imagine what they have as evidence. Nothing was provided with the claim. Under the "Particulars of the claim" section of the claim form it just says "1400 check out fees". All correspondence is also addressed solely to me but my partner was the joint tenant. Shows how little information they have.

I'm confident they will get no money out of me but its still distressing receiving such a letter. I am now a home owner and will hopefully never rent again. My entire experience of renting has been of ignorant and bullying landlords.

Pixie5740

£1,400 for check out fees?! :eek:

JMCR

Pixie5740 wrote: »

£1,400 for check out fees?! :eek:

they want me to replace all carpets and repaint all walls. Even though an employee of theirs told me they were renovating the entire building including extensive renovations on my apartment. Ripping out the bathrooms, kitchen and all carpets.

The place was a mess when we moved in. Carpets were damaged, walls had pencil markings where mirrors were never put up. Toilets were blocked, there was a window missing. We were in the flat for 3 years, we nearly moved out but my partner became ill and had to have a pretty big operation. Then we started saving and bought our first house.

jjlandlord

Actually, that's good that he was so sloppy filling the court form.

If he claims you owe check out fees you can easily defend with the tenancy agreement that you are not liable for such fees.
I would add a request for costs as well, because if the claim is that sloppy and outrageous the court will certainly not appreciate that they waste everyone's time.

Remember that the judge only knows what is presented to him, and can only use these elements to make a decision.

Of course, he might then sue you again and be a bit more thorough.

BobQ

So far the only thing you are arguably responsible for is professional clean as you agree that you did not clean the flat. Sounds like £100 of work. The fact you were conned into not doing it (unless you have that in writing) is irrelevant. But if you have evidence it was dirty when you moved in then even £100 would be too much.

Re carpets and walls the figure does not sound unreasonable for the work described But they can only charge you for fair wear and tear.

A professional letting agent would survey the property at the start and record the condition of each room with comments like Lounge - carpet brand new, Walls painted magnolia, clean, no marks or scuffs, and get you to sign it. Without it they have nothing.

Most landlords would expect painted walls to need redecoration after about 5 years and a cheap carpet to last about 5-6 years.

If the deterioration while you lived there is fair wear and tear they have no case. If you had lived there two years and had worn out new carpets, and stained all the walls with soup they may then have had a case for about half the replacement costs.

But from what you say they are trying it on.

System

The very fact that your deposit was returned to you with no deductions means that the condition of the flat at handback was deemed acceptable, there is also a minimum period that any additional costs can be claimed, cant remeber how long but is a matter of weeks not years so tjey dont have a leg to stand on.

Compile all your evidence and complete the court forms the best you can enclosing copies of all documents and emails. The fact that there was no inventory will go in your favour