End of tenancy probs...mediation?

hillbilly5

Hi
Hoping some experts will be along soon...

I’m at the end of a one year rental, we are a orofessional couple and one dog which the landlord agreed with. When we took the rental we had loads of probs with agent and ended up with us signing a tenancy agreement and the landlord signing a separate copy of the agreement(am wondering if this even makes the agreement legal or not as there is no one copy signed by us both?)

Anyway this year has been a nightmare, landlords live next door, and they have even approached friends coming to visit us enquiringly why they are here!!?

Now at the end of the tenancy the LL has for the last month or so been giving me huge lists of things that she wanted doing before our tenancy ran out. We moved out about six weeks ago although still paying rent for the property. The house is spotless apart from an issue we have regarding a carpet.

Our dog had an accident and stained a small area on the landing. We had the carpet professionally cleaned and although it improved you can still see where the stain was. The LL said she had some of the carpet left and would get someone to patch it in where the stain was. She did this and then called me to say it hasn’t worked and that she needs the carpet replacing. I was shocked at the state of the repair as my hubby could have done better and she used a local company. I spoke to the man aged at the company and he said they advised against the repair and the carpet had been sitting folded in her garage for ten years. However the worst thing is that the fitter made the patch run against the lay of the rest of the carpet and has made a wonky cut which is why it looks so bad. Incidentally there is also carpet moth in the carpet which has left threadbare patches round the edge.

The LL is claiming that she needs to replace the whole of the landing caroet(which I am happy to accept my percentage of). However she is saying that she needs to replace not only this landing but another two landings and two flights of stairs, a total of £875 and she wants me to pay 50% of the bill! She can’t produce original receipt for the carpet but she’s out in writing it is ten years old. She says it would have lasted another five years, but it has carpet moth in it so I would question this. I’ve told her that I’m not happy with a 50%contribution and she’s waiting for me to make an offer. She’s kind of holding a gun to my head as she’s said if I pay that she’ll overlook other minor things....such as two small windows that were damaged as they have been forced open....although it was her handyman who forced them open and not us!!

Any advice? If we go to mediation are we likely to have to pay more than 50% of the carpet value? I feel she is clearly seeking betterment but just don’t know whether I should pay up to shut her up or go to mediation and hope we don’t end up having to pay more although I can’t see how they could award against us.

I have email after email of evidence I could present to mediators.

Pixie5740

hillbilly5 wrote: »

Hi
Hoping some experts will be along soon...

I’m at the end of a one year rental, we are a orofessional couple and one dog which the landlord agreed with. When we took the rental we had loads of probs with agent and ended up with us signing a tenancy agreement and the landlord signing a separate copy of the agreement(am wondering if this even makes the agreement legal or not as there is no one copy signed by us both?)

Anyway this year has been a nightmare, landlords live next door, and they have even approached friends coming to visit us enquiringly why they are here!!?

Now at the end of the tenancy the LL has for the last month or so been giving me huge lists of things that she wanted doing before our tenancy ran out. We moved out about six weeks ago although still paying rent for the property. The house is spotless apart from an issue we have regarding a carpet.

Our dog had an accident and stained a small area on the landing. We had the carpet professionally cleaned and although it improved you can still see where the stain was. The LL said she had some of the carpet left and would get someone to patch it in where the stain was. She did this and then called me to say it hasn’t worked and that she needs the carpet replacing. I was shocked at the state of the repair as my hubby could have done better and she used a local company. I spoke to the man aged at the company and he said they advised against the repair and the carpet had been sitting folded in her garage for ten years. However the worst thing is that the fitter made the patch run against the lay of the rest of the carpet and has made a wonky cut which is why it looks so bad. Incidentally there is also carpet moth in the carpet which has left threadbare patches round the edge.

The LL is claiming that she needs to replace the whole of the landing caroet(which I am happy to accept my percentage of). However she is saying that she needs to replace not only this landing but another two landings and two flights of stairs, a total of £875 and she wants me to pay 50% of the bill! She can’t produce original receipt for the carpet but she’s out in writing it is ten years old. She says it would have lasted another five years, but it has carpet moth in it so I would question this. I’ve told her that I’m not happy with a 50%contribution and she’s waiting for me to make an offer. She’s kind of holding a gun to my head as she’s said if I pay that she’ll overlook other minor things....such as two small windows that were damaged as they have been forced open....although it was her handyman who forced them open and not us!!

Any advice? If we go to mediation are we likely to have to pay more than 50% of the carpet value? I feel she is clearly seeking betterment but just don’t know whether I should pay up to shut her up or go to mediation and hope we don’t end up having to pay more although I can’t see how they could award against us.

I have email after email of evidence I could present to mediators.

This is exactly the reason deposit protection was introduced. If you can't agree upon the amount to be deducted with your landlord then you raise a dispute with the deposit scheme. It's arbitration the schemes offer not mediation and the arbitrators decision is final.

Assuming this is England or Wales read G_M's guide to Deposits: payment, protection and return.

hillbilly5

She seems keen to avoid going to arbitration and wants to sort it out now.

Doozergirl

hillbilly5 wrote: »

She seems keen to avoid going to arbitration and wants to sort it out now.

I'm not surprised as they are unlikely to agree with her as she is claiming betterment.

The amount usually banded about is a 10% contribuition from the tenant per year the carpet has been down. If it's older than 10 years, it needed replacing anyway. I'd go and get pictures of the carpet moth damage which should put the nail in the coffin of that one.

There's no reasonable way they would award her more than 50%.

You say it was her handyman who forced the window, but even if it were you, there's the question of why a window would need forcing open (and to show signs of it) in the first place if it was correctly maintained. One should be able to open a window without consequence.

Pixie5740

hillbilly5 wrote: »

She seems keen to avoid going to arbitration and wants to sort it out now.

And........? What does what your landlord want have to do with your ability to raise a dispute with the deposit scheme.....nothing that's what. I'm not surprised your landlord is keen to avoid going to arbitration.

Please do take the time to read the information in G_M's guide, you will find most if not all of the answers to your questions there.

hillbilly5

Please do take the time to read the information in G_M's guide, you will find most if not all of the answers to your questions there.[/QUO

Sorry for being thick but what is G_M’s guide?

Pixie5740

hillbilly5 wrote: »

Sorry for being thick but what is G_M!!!8217;s guide?

It's the guide I linked to earlier in the thread which really ought to be made a sticky.

Pixie5740 wrote: »

Assuming this is England or Wales read G_M's guide to Deposits: payment, protection and return.

pmlindyloo

hillbilly5 wrote: »

Please do take the time to read the information in G_M's guide, you will find most if not all of the answers to your questions there.[/QUO

Sorry for being thick but what is G_M’s guide?

Just click on this link for the guide:

http://forums.moneysavingexpert.com/showpost.php?p=67759912&postcount=3

Annie35

I would bet she won't get 50% of the entire staircase.

As you're willing to contribute something give your offer (maybe 10%?) But be prepared to go through dps if not accepted

Comms69

hillbilly5 wrote: »

Hi
Hoping some experts will be along soon...

I’m at the end of a one year rental, we are a orofessional couple and one dog which the landlord agreed with. When we took the rental we had loads of probs with agent and ended up with us signing a tenancy agreement and the landlord signing a separate copy of the agreement(am wondering if this even makes the agreement legal or not as there is no one copy signed by us both?) - irrelevant. You don't have a magic signature, you accepted the terms of the contract.

Anyway this year has been a nightmare, landlords live next door, and they have even approached friends coming to visit us enquiringly why they are here!!? - How is that relevant? If your friends are offended (not sure why) they can tell them to mind their own business

Now at the end of the tenancy the LL has for the last month or so been giving me huge lists of things that she wanted doing before our tenancy ran out. We moved out about six weeks ago although still paying rent for the property. The house is spotless apart from an issue we have regarding a carpet. - So? You aren't obliged to serve the landlord. Just return it how you received it

Our dog had an accident and stained a small area on the landing. We had the carpet professionally cleaned and although it improved you can still see where the stain was. The LL said she had some of the carpet left and would get someone to patch it in where the stain was. She did this and then called me to say it hasn’t worked and that she needs the carpet replacing. I was shocked at the state of the repair as my hubby could have done better and she used a local company. I spoke to the man aged at the company and he said they advised against the repair and the carpet had been sitting folded in her garage for ten years. However the worst thing is that the fitter made the patch run against the lay of the rest of the carpet and has made a wonky cut which is why it looks so bad. Incidentally there is also carpet moth in the carpet which has left threadbare patches round the edge. - irrelevant, she doesn't get new for old

The LL is claiming that she needs to replace the whole of the landing caroet(which I am happy to accept my percentage of). However she is saying that she needs to replace not only this landing but another two landings and two flights of stairs, a total of £875 and she wants me to pay 50% of the bill! She can’t produce original receipt for the carpet but she’s out in writing it is ten years old. - irrelevant, she doesn't need to do any work to claim damages. She says it would have lasted another five years, but it has carpet moth in it so I would question this. I’ve told her that I’m not happy with a 50%contribution and she’s waiting for me to make an offer. She’s kind of holding a gun to my head as she’s said if I pay that she’ll overlook other minor things....such as two small windows that were damaged as they have been forced open....although it was her handyman who forced them open and not us!! - And you reported this in writing?

Any advice? If we go to mediation are we likely to have to pay more than 50% of the carpet value? I feel she is clearly seeking betterment but just don’t know whether I should pay up to shut her up or go to mediation and hope we don’t end up having to pay more although I can’t see how they could award against us. - mediation is pointless when you have an ADR route.

I have email after email of evidence I could present to mediators.

Mediators never look at evidence. They are not decision makers.