Check out inspection carried out, amount agreed, LL changed mind and wants more

emlou2009

An update, and some reassurance and advice please.

We went and took a series a photos of the stuff in the skip. We found two of the items she's asking us to pay for cleaning of.

She also re-sent the letter as we hadn't responded to it, meaning we now have a copy of the letter asking for cleaning charges dated after the date of the photos showing them in the skip.

In our view, we've proved she's lying on two of the points in the letter, and we'd like to argue that the whole letter should be discredited and assumed as written in bad feeling because she's annoyed we opened a dispute against her.

She's now texting me telling me if I don't respond today telling her I'll agree to £95 deductions she'll bypass TDS and take us straight to court for £302 deductions and will make us pay the court fees.

She's obviously saying this to intimidate us, but its worked. Do we have a strong enough case here? I haven't told her about the skip photos I've taken as I don't want her to have time to concoct a defence against them.

fishpond

Do not get in touch with her for whatever reason, send all evidence to the TDS if you are still within the time frame, if not, sit tight. (ring them up if you want to)
She has no case.

It is the much the same as court in as much as it is evidence based, also probability.
So the more evidence you can provide the better.
It is your money, the LL has to prove beyond reasonable doubt that they have a case for compensation, she doesn't appear to have a case.

Guest101

She cant make you pay court fees, in fact, if she goes dstraight to court, she may well be liable for your costs!

Here's what you say to her:

Dear crappy ex landlord (name), stop contacting me, i am not interested in your threats. I have referred the matter to the TDS. Anymore contact from you will constitute harassment (i have a log of all the communication so far) and i will call the police. We agreed £50, which is still betterment on the electric fire. The rest of your case is spurious, but by all means present it to the TDS. If you decide to avoid ADR and go straight to court I will be claiming costs. Regards Tenant.

- or what i would reply.

fishpond

A thought, if you are still within your time frame send copies of all communication from your LL to TDS.
Please ignore g101 as that will get you nowhere and could also jeopardise your case.

emlou2009

Thank you.

I'll have no further contact with her and deal only through TDS from now on.

Hopefully she's just bluffing, I've no idea how to deal with it all if she does decide to take us to court, and I certainly can't afford a solicitor. She knows this too.

Guest101

Why would you need a solicitor?

You'll be sat in a chair, next to a table, her on the other side, judge in the middle, having a chat.

Hell, if you have evidence she's refused TDS, i'd be down the county court now, taking her to court!

emlou2009

Oh! Is that it?

I passed the old house on the way home, she's had the windows replaced now, so I snapped another photo, since she's also trying to claim for window cleaning.

gazter

emlou2009 wrote: »

Oh! Is that it?

I passed the old house on the way home, she's had the windows replaced now, so I snapped another photo, since she's also trying to claim for window cleaning.

Small claims tracks at the county courts are designed to not need legal representation, and i believe if you have some, you cant claim the costs of that back.

She is taking the mickey and just trying it on. Dont worry about it.

emlou2009

Just wanted to update and thank you for your help.

TDS ruled she gets £85, which is less than the £95 she was trying to get out of us at first and while it is a little more than we hoped for, its still far less than the £302 she bumped it to, so we're happy with that. Thanks again

King_Slayer

Just read through the thread. It was unreasonable for her to raise the amount to £95 after agreeing to £50. However I would've paid it as after all time and effort spent trying to resolve the issue via TDS, it has only saved £10. Also she clearly added the £300 after you refused to pay the £95.
Nonetheless it has now been resolved and I'm certain she has also learnt, that it doesn't pay to be spiteful as you don't automatically get your way.