Advice needed re former rental

AdrianC

HomelessHopeless wrote: »

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

Nope.

Just person A saying person B owes them some money.

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.

Then it's up to person A providing proof.

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?

There's no fees to be taken to court with a small claim, and no legal costs. If you lose, then you might be asked to pay the claimant's court fees, but they're relatively small.

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..!

They could say all sorts of things - you set fire to the house, and murdered their granny. Doesn't mean they've got the slightest proof you did.

need_an_answer

Comms69 wrote: »

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.

I agree with this...

Agents who potentially have a duty of care towards some in society not necessarily ignorant people but students and the less worldly wise.

Similarly my student offspring had an attempted adjudication threatened against them for the full cost of a replacement carpet and a no deposit situation at the end of last year.(carpet burn that was clearly shown on check in pictures)

Its really a case of sticking to your guns,supplying the evidence and refuting the need for a new replacement of an item that is clearly not new.

OP send a polite email with your evidence to the letting agent and I suspect that you will find the case will be dropped as its actually going to cost the LL more to claim than you are in a position to pay.

Comms69

HomelessHopeless wrote: »

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 - so you accept that you would lose? So you did cause damage? 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? - No, you are not entitled to receipts. The LL does not have to replace the carpet

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!

You received plenty of advice, including from posters who are yet again advising you.


If you choose to ignore it, those consequences are on you

Comms69

need_an_answer wrote: »

I agree with this...

Agents who potentially have a duty of care towards some in society not necessarily ignorant people but students and the less worldly wise. - ignorant is only very recently seen as a negative word. As far as I'm concerned if my child is 18 and doesn't have any basic knowledge of life, I've failed as a parent.

Similarly my student offspring had an attempted adjudication threatened against them for the full cost of a replacement carpet and a no deposit situation at the end of last year.(carpet burn that was clearly shown on check in pictures)

Its really a case of sticking to your guns,supplying the evidence and refuting the need for a new replacement of an item that is clearly not new.

OP send a polite email with your evidence to the letting agent and I suspect that you will find the case will be dropped as its actually going to cost the LL more to claim than you are in a position to pay.

I would not engage, in any way.


If you receive court papers, you can reply. There is no benefit to supplying evidence of what both the LL and Agent already know.

HomelessHopeless

Thanks, Comms.

Apologies I seem to be grating on you, but I am not in the best place right now and so am on here for advice and opinions.

With regard the Court fees, no, I did not cause damage. Apologies my wording was not correct; IF found in LL's favour, it would potentially cost me more.

There is no need to get uppity with someone asking for help, and responding to posts with further questions/requests for clarification.

Comms69

HomelessHopeless wrote: »

Thanks, Comms.

Apologies I seem to be grating on you, - not at all. It's your life and your money ultimately. I'm just being pragmatic in terms of your decision making. but I am not in the best place right now and so am on here for advice and opinions.

With regard the Court fees, no, I did not cause damage. Apologies my wording was not correct; IF found in LL's favour, it would potentially cost me more. - Only about £25 more. And ultimately it could cost you nothing, or even if you lose the court may decide that £300 is too much to replace an old and worn carpet.

There is no need to get uppity with someone asking for help, and responding to posts with further questions/requests for clarification.

Careful now. You want advice, no-one is obliged to provide it.


By all means if you don't like what I'm saying; ignore it.


Your options; for clarity are:


Engage in a process which is of no benefit to you - IE whatever they claim is adjudication.


Ignore the issue and await court papers (my recommendation)


Or pay, either in full or via a payment plane.

HomelessHopeless

Qick update: I have today received an email stating I was raising a dispute and it wold be going to arbitration, I have until 02/02 to respond..

The only company name (though no contact details) other than the EA's is HF Resolution Ltd which I see is listen on the Property Redress Scheme website "HF Resolution Ltd is an Introducer Appointed Representative of HFIS PLC for Financial Conduct Authority purposes".

I had emailed and said I'd pay a percentage of the carpet given age, but heard nothing back from the EA. They are claiming damage from cat urine (which I dispute but wanted to be left alone), though the house was cleaned by their recommended cleaner, and the EA cleared it for remarketing a full month before the LL decided he wanted a new carpet (just carpet, not underlay - given the severity of the damage I'd have assumed the underlay would have been urine soaked, too?).

So, shall I respond, and if so, what shall I include? I didn't receive a check out report (not sure if I should have done?), just emails about the fact the property was in good condition except the dining room which they requested a second clean of (which I paid for)..

Thanks

Comms69

By all means you can respond asking then under what auspices they claim to conduct adjudication.


However my advice still stands, await court papers.

HomelessHopeless

Thank you, Comms, I will do that

HomelessHopeless

Well, I completed the forms the EA sent me, as I really didn't agree with what the LL had said. It went away for adjudication and has been returned in my favour, so finally all over and done with!

Thanks for all of your help and advice, it really came in very useful!