Advice needed re former rental

HomelessHopeless

Hi All!

You may recall my previous posts about rent arrears and end of tenancy cleaning..

Well, to summarise; I failed to pay my rent totalling just under one month, and was told I'd have to leave (I know I didn't actually have to) despite offering to clear the balance. I signed an early termination which came into force on 8th November 2018. I decided not to clean myself as I'd had pets, so used the LA's recommended company, who were lovely. The LA said on inspection she could smell cat urine (I contest this but hey-ho) and the cleaning team went back in on 16/11. I heard nothing more after this. The LA has been at the property since as they have forwarded my post.

Forward to yesterday, I have received an email from the LA saying the carpet in the bedroom needs replacing as the LL can still smell urine, and that I will be liable for this (£365). I had an NDO agreement, so no deposit to be returned or otherwise.

My question is, is this ok, that a full two months after the end of the tenancy I am still be contacted for work on the house? The house was marketed before Christmas, so would have been cleared as Ok by the LA. The carpet in the bedroom was faded in various places (sun bleached) but was like this before I moved in (as marketed and as per the inventory).

I am really disappointed with this. I should also note I am now also subject to a DRO (all approved and completed via Stepchange) having been made homeless, resulting in loosing my job so I could move back to family (too far to commute).

Any advice at all, or ideas of who I should talk to?

Thank you!

Comms69

HomelessHopeless wrote: »

Hi All!

You may recall my previous posts about rent arrears and end of tenancy cleaning..

Well, to summarise; I failed to pay my rent totalling just under one month, and was told I'd have to leave (I know I didn't actually have to) despite offering to clear the balance. I signed an early termination which came into force on 8th November 2018. I decided not to clean myself as I'd had pets, so used the LA's recommended company, who were lovely. - Bizarre, but each to their own The LA said on inspection she could smell cat urine (I contest this but hey-ho) and the cleaning team went back in on 16/11. I heard nothing more after this. The LA has been at the property since as they have forwarded my post. - Why didn't you set up redirect?

Forward to yesterday, I have received an email from the LA saying the carpet in the bedroom needs replacing as the LL can still smell urine, and that I will be liable for this (£365). I had an NDO agreement, so no deposit to be returned or otherwise. - Well I presume the LL will be taking legal action then?

My question is, is this ok, that a full two months after the end of the tenancy I am still be contacted for work on the house? You aren't 'in the clear' until 6 years have passed The house was marketed before Christmas, so would have been cleared as Ok by the LA. The carpet in the bedroom was faded in various places (sun bleached) but was like this before I moved in (as marketed and as per the inventory). - Great, you have evidence to use in your defence

I am really disappointed with this. I should also note I am now also subject to a DRO (all approved and completed via Stepchange) having been made homeless, resulting in loosing my job so I could move back to family (too far to commute). - But this alleged debt wasn't included in the order, obviously you didn't know about it.

Any advice at all, or ideas of who I should talk to?

Thank you!

No-one?


So far you just have an email asking you to pay for something you dispute.

HomelessHopeless

Thank you for your reply.

I am glad I didn't clean myself, as it clearly wouldn't have been up to scratch! And I didn't set up a mail redirect as a) I had no forwarding address and was sofa-surfing, b) my mail was very little and c) I couldn't have afforded it! But it was considered, LA was happy to forward to my current address which I kept them updated with.

Why would the LL take legal action? The No Deposit Option was agreed to by him (the property was marketed as such) and I paid an extra sum each month as 'insurance' in place of a deposit.

I also have an email from the LA saying that downstairs needed re-cleaning (wooden floors), but that they were impressed with the condition of the rest of the house.

How can I use the inventory in my defence, given they are not claiming the carpet needs replacing due to the fading, but because of the 'smell f cat urine' (I highly dispute this - my cats were actually in the home for three weeks, litter trained and did not urinate anywhere in the house, but I cannot prove this!!).

I'm also shocked I'm liable for the house for six years? How is that right? Surely then the previous tenant could have been the one to cause issues with the carpet?! The LL did not visit the property between them leaving and me moving in!

I know the DRO is irrelevant, but what I mean by it is, I am unemployed and living with my mum, so in no position to pay for a new carpet!

The LA said it would be sent to the adjudicator if i refused.

Comms69

HomelessHopeless wrote: »

Thank you for your reply.

I am glad I didn't clean myself, as it clearly wouldn't have been up to scratch! And I didn't set up a mail redirect as a) I had no forwarding address and was sofa-surfing, b) my mail was very little and c) I couldn't have afforded it! But it was considered, LA was happy to forward to my current address which I kept them updated with.

Why would the LL take legal action? The No Deposit Option was agreed to by him (the property was marketed as such) and I paid an extra sum each month as 'insurance' in place of a deposit. - Because that's what people do, if they believe they are owed money; but which the respondent (you) disputes

I also have an email from the LA saying that downstairs needed re-cleaning (wooden floors), but that they were impressed with the condition of the rest of the house.

How can I use the inventory in my defence, given they are not claiming the carpet needs replacing due to the fading, but because of the 'smell f cat urine' (I highly dispute this - my cats were actually in the home for three weeks, litter trained and did not urinate anywhere in the house, but I cannot prove this!!). - Well the onus is typically on the claimaint to prove their claim

I'm also shocked I'm liable for the house for six years? - you misunderstand. They have 6 years to claim for anything you may have done. How is that right? Surely then the previous tenant could have been the one to cause issues with the carpet?! The LL did not visit the property between them leaving and me moving in!

I know the DRO is irrelevant, but what I mean by it is, I am unemployed and living with my mum, so in no position to pay for a new carpet!

The LA said it would be sent to the adjudicator if i refused.

Well a court is an adjudicator.

need_an_answer

The LA said it would be sent to the adjudicator if i refused.


DO THIS


you have evidence of how the carpet was when you moved in and if the carpet is of an age then it is unreasonable that you should have to pay for a new replacement.


The most likely scenario is that you will either not be charged or only need to pay a portion in line with the age and depreciation of the carpet.

Pixie5740

What adjudicator? Presumably since you agreed to forfeit your deposit the landlord has already claimed it from the deposit scheme.

If your former landlord chooses to go to court over the carpet then (s)he has 6 years to take action. However, the landlord is not entitled to betterment i.e. (s)he does not get new for old, and the onus is on the landlord to prove the amount requested is reasonable. (See the Tenancies in England/Wales sticky at the top of the board for more information.) Even if the landlord does take this to small claims court, which probably isn't worthwhile, then regardless of which way it goes in court you cannot get blood out a stone. You have no/limited income, no assets and already have a DRO showing on your credit files. What's the worst that could really happen? A CCJ, that's it.

HomelessHopeless

Thanks, Comms.

They are charging for a new carpet because of alleged cat urine. The carpet was not new when I moved it (was faded/patchy) and I have photos of this, so I could say I'm not paying full cost for a new carpet?

Pixie5740: There never was a deposit, it was a No Deposit Option (NDO), I paid an additional sum each month instead of an upfront deposit.

The LA said the adjudicator as per the NDO Agreement, but I cannot find any reference to this in my paperwork.

AdrianC

HomelessHopeless wrote: »

They are charging for a new carpet because of alleged cat urine. The carpet was not new when I moved it (was faded/patchy) and I have photos of this, so I could say I'm not paying full cost for a new carpet?

Of course. If the carpet had an expected life of 10yrs, and was 5yrs old when you moved out, then you would only be expected to pay half.

Pixie5740: There never was a deposit, it was a No Deposit Option (NDO), I paid an additional sum each month instead of an upfront deposit.

Which doesn't mean the landlord can't still pursue you for any debt, for up to six years, just as any other creditor. He just doesn't have ready access to a reserved pool of your money. He has to go to court if you don't pay the bill. The court will then look at the merit of the arguments of both sides, and make a decision as to what is actually owed (if anything).

Pixie5740

Sorry, I thought the NDO was something you'd agreed in lieu of the rent arrears. If there was never a deposit and the extra money paid each month instead of a deposit at the start was never to be returned to you regardless of how the property was left, then I'm even more confused about what adjudicator the letting agency is talking about.

Comms69

Pixie5740 wrote: »

Sorry, I thought the NDO was something you'd agreed in lieu of the rent arrears. If there was never a deposit and the extra money paid each month instead of a deposit at the start was never to be returned to you regardless of how the property was left, then I'm even more confused about what adjudicator the letting agency is talking about.

I suspect it's the make believe one that they like to threaten people with.


Unfortunately too many people are totally unaware of how very basic laws work in the UK. Which leaves either deliberate or incompetent agents free to threaten ignorant people.

HomelessHopeless

So, there is no adjudicator, as there was no deposit?

I'm not a completely awful person, I would not refuse to pay if I believed I had caused damage, but I really do not believe that I did.

If the LL decided to go to court, that would obviously cost me more, so perhaps I could say I'd be willing to pay a percentage, given the age of the carpets (I assume I can request proof if they claim them to be new, by way of receipts, and I have photos on the inventory, too?), rather than risk court and those associated fees?

It's made me die, they've said both bedrooms had to be deep cleaned twice - the second room was never used/the door never opened, which the LA commented on when I left!! And they initially claimed the wooden flooring downstairs was sodden with urine and had to be scanned with UV lights at night and deep cleaned with hot water.. But they're fine now, it's the dodgy, faded bedroom carpet that's the issue..!

I wish I'd never agreed to end the tenancy and just stuck to my guns!