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  • kinger101
    kinger101 Posts: 6,788 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    FYI

    https://forums.moneysavingexpert.com/discussion/5339275

    OP - It's best just to continue your old thread rather than starting a new one. Gives everyone the full picture.
    "Real knowledge is to know the extent of one's ignorance" - Confucius
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    kinger101 wrote: »
    FYI

    https://forums.moneysavingexpert.com/discussion/5339275

    OP - It's best just to continue your old thread rather than starting a new one. Gives everyone the full picture.
    Thanks kinger. Annoying!
  • There is no specific photo evidence of the stain for that thoroughfare section. There is no specific photo of the radiator, and the dent is so small as to be insignificant. The oven door is shown, but we can't prove that the landlord didn't cause the scuffs when he came in and started cleaning!
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There is no specific photo evidence of the stain for that thoroughfare section. There is no specific photo of the radiator, and the dent is so small as to be insignificant. The oven door is shown, but we can't prove that the landlord didn't cause the scuffs when he came in and started cleaning!
    Does the check in report mention the oven? The radiator? the carpet? What does it say?
  • I thought I had answered the question!

    We gave notice of our intention to leave in April/May of this year. We said we wanted to leave on October the 2nd. Landlord said he would have to charge us rent until October 20th as he wasn't willing to allow us a single week extension to the rolling contract that started in September. This section is by-the-by as it is already done and paid for. Fact is he is redecorating, cleaning and repairing before the tenancy has ended (with the justification that we have moved out)

    24th August - fixed term contract ended
    25th August - one month rolling contract, valid for two months
    25th October - tenancy ends, as agreed in April 2015

    We don't accept responsibility because we don't think we caused the stain. We havent spilt anything in that area. (it is at the foot of the stairs in a corridor - hardly a high risk spill zone!). This stain only came to light after the carpet had been chemically cleaned. There is no photo of the area from the start of the tenancy.

    As to the quality of the carpet - it was installed by Persimmon when the house was built 11 years ago. Plus I think it unfair to be charged for a whole carpet for a spot stain! He says I won't be able to find the same carpet and, as the carpet is throughout the property, I will therefore have to recarpet the whole house. Or make him an offer. He is refusing to suggest a figure, instead insisting I claim on my insurance. Which I won't
  • Check in report says oven interior cleaned to exceptional standard, biscuit carpet thoroughly cleaned. Hob and hood professionally cleaned.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Check in report says oven interior cleaned to exceptional standard, biscuit carpet thoroughly cleaned. Hob and hood professionally cleaned.
    so no mention of any dents, cracks or stains........... yet those will (presumably) appear on the check out report.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I thought I had answered the question!

    We gave notice of our intention to leave in April/May of this year. We said we wanted to leave on October the 2nd. Landlord said he would have to charge us rent until October 20th as he wasn't willing to allow us a single week extension to the rolling contract that started in September. This section is by-the-by as it is already done and paid for. Fact is he is redecorating, cleaning and repairing before the tenancy has ended (with the justification that we have moved out)

    24th August - fixed term contract ended
    25th August - one month rolling contract, valid for two months
    25th October - tenancy ends, as agreed in April 2015
    Contractually very confusing, but if you have written confirmation that you and the LL wish the tenancy to end on October 20th you should be fine.

    If not, well:

    1) october 20th? not 24th? or 25th?
    2) "We gave notice of our intention to leave in April/May of this year" is not an exact date. As explained, notice cannot be served before the tenancy starts so this notice is invalid if it relates to the periodic (rolling) tenancy that started on Aug 25th.
    3) "We said we wanted to leave on October the 2nd. Landlord said he would have to charge us rent until October 20th " so you did NOT "give notice". You negotiated a new fixed term tenancy starting on (some indertminate date in) April/May and ending on Oct 20th.
    4) you do NOT have "one month rolling contract, valid for two months"(???) since you've agreed a fixed term. Or if it IS 'rolling' then you have not given valid notice to end it.

    I only labour this point because, unless you have a clear written agreement of this, the LL could turn round and demand rent off you for October. And November. And december.... until you serve proper notice.

    So what exactly do you have in writing about the tenancy end date?
  • Thanks for being thorough - I understand your point.

    We have in writing that we our tenancy ends on 20th October.

    He has new tenants moving in on 21st October, so can't charge us anything past this anyway.
    so no mention of any dents, cracks or stains........... yet those will (presumably) appear on the check out report.

    True. But as he has been in our house when it is unattended, started cleaning and doing heavy redecorating including drilling etc before any exit report was compiled, and as the floor stain only came to light (I think it was caused by) after chemical cleaning, I think I can make the case that it cannot be categorically proven that we caused any of these. That is the line I am going to go with I think - I sit down with a housing lawyer tomorrow, but wanted to prepare some documentation based on the advice here to help them out.

    TBH, I think I will be on the hook for apportionment of some of these damages, but I'm not paying the £600 he seems to want for them. Smacks of betterment.
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