We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Anybody else been taken to court by ex landlord?

Byrdsian
Byrdsian Posts: 4 Newbie
edited 9 June 2019 at 7:43PM in House buying, renting & selling
Apparently my £600 bond wasn’t enough to cover repairs when I moved out, which i totally reject. Landlord wanted another £380 on top . Eventually issued a Country court claim.
«13

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Right, and?

    I presume you've claimed the deposit back through the deposit protection arbitration...?
  • Ms_Chocaholic
    Ms_Chocaholic Posts: 13,531 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When did you move out?
    Was your deposit protected?
    Did you claim the deposit back?
    What is your ex-landlord claiming for?
    Thrifty Till 50 Then Spend Till the End
    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Byrdsian wrote: »
    Apparently my £600 bond wasn’t enough to cover repairs when I moved out, which i totally reject.
    How can we comment if you don't tell us
    * what he is claiming for
    * how he has evaluated the amounts
    * what the background is and
    * on what grounds you disagree

    Landlord wanted another £380 on top and used his law qualification and legal knowledge to threaten me.
    His qualifications are irrelevant - anyone can use the courts to make a claim. Do you mean 'threaten'legal action? Perfectly acceptable, and the 1st step to take if he intends this. Or 'threaten' violence? Report tothepolice.

    Used very personal attacks in his emails
    More info needed.

    and said he would track me down.
    Well naturally - if he wants to take you to court he will need to 'track you down'. What do you expect? He'll put an ad in the local paper telling you he's suing ou......?

    Eventually issued a Country court claim to my place of work last week.
    Yes- that is legally acceptable if he is unable o find your place of residence.

    I rented the house for four years paying my rent on time every month.
    The length of time, and rent payment history, are irrelevant.

    All that matters are the details of his claim and the defense, if any, you wish to present.

    we cannot comment/advise on these as you have provided no relevant information.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The most important thing is to file an acknowledgement of service and a defence within the necessary period, this should be explained on the court documents.

    If you do not file those documents in time, the landlord will win by default.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Post up the claim details please
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    You need to spend time working on your defence. Dont just hash something together
  • His home was left in a disgusting state apparently and he’s never known such a dirty person...
    The main carpet downstairs was ‘too far gone’ and had to be replaced
    - I did hire carpet cleaner but couldn’t get it to work.
    Lino in kitchen was ripped
    - I admit accidentally done when removing washing machine.
    Everything else is wear and tear cleaned the whole house and have photos to show more than acceptable condition.
    ‘Scratch’ on bottom of oven so he ‘had to buy whole new unit’ £100 +
    ‘Scratches’ on work tops so all had to be replaced.
    - don’t recall any of these but used kitchen hundreds of times so possible.
    Upstairs of house dirty - wasn’t as I can prove.
    Blu tak on wall of one bedroom so had to redecorate- unfortunately couldn’t get it off, my daughters’ room.
    £200 to clean carpets apparently.
  • pinkshoes
    pinkshoes Posts: 20,684 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Byrdsian wrote: »
    His home was left in a disgusting state apparently and he’s never known such a dirty person...
    The main carpet downstairs was ‘too far gone’ and had to be replaced
    - I did hire carpet cleaner but couldn’t get it to work.
    Lino in kitchen was ripped
    - I admit accidentally done when removing washing machine.
    Everything else is wear and tear cleaned the whole house and have photos to show more than acceptable condition.
    ‘Scratch’ on bottom of oven so he ‘had to buy whole new unit’ £100 +
    ‘Scratches’ on work tops so all had to be replaced.
    - don’t recall any of these but used kitchen hundreds of times so possible.
    Upstairs of house dirty - wasn’t as I can prove.
    Blu tak on wall of one bedroom so had to redecorate- unfortunately couldn’t get it off, my daughters’ room.
    £200 to clean carpets apparently.

    As above, was your deposit protected?

    What did the check in inventory say about the state of the worktops etc...?

    If you didn't clean the carpets, they need cleaning.

    If you ripped the lino, it needs replacing.

    blutac leaves greasy marks so yes, it is highly likely the walls all need redecorating. Why didn't you take this off yourself?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Yes deposit was protected properly but don’t see relevance..
    I didn’t receive an inventory, he just claims property was in ‘an immaculate condition ‘ when I moved in. This is only partly true.
  • anselld
    anselld Posts: 8,749 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 June 2019 at 3:58PM
    Byrdsian wrote: »
    His home was left in a disgusting state apparently and he’s never known such a dirty person...
    The main carpet downstairs was ‘too far gone’ and had to be replaced
    - I did hire carpet cleaner but couldn’t get it to work.
    Lino in kitchen was ripped
    - I admit accidentally done when removing washing machine.
    Everything else is wear and tear cleaned the whole house and have photos to show more than acceptable condition.
    ‘Scratch’ on bottom of oven so he ‘had to buy whole new unit’ £100 +
    ‘Scratches’ on work tops so all had to be replaced.
    - don’t recall any of these but used kitchen hundreds of times so possible.
    Upstairs of house dirty - wasn’t as I can prove.
    Blu tak on wall of one bedroom so had to redecorate- unfortunately couldn’t get it off, my daughters’ room.
    £200 to clean carpets apparently.

    "Accidental" damage is not an excuse, it is still your fault. So it sounds like most of the damage you will be liable for. The cleaning may be debated depending what the pictures show.

    However, the main thing the L cannot claim is "new for old". So for example you may be liable for carpet and lino replacement but he cannot charge the full price; he must only charge a proportion based on the age and expected life of the item and the condition at checkin.

    You lived there four years so the items are at least four years old, even being generous with a ten year life the max he could claim is 60% of the cost. Try to argue 5 year life in your defence (20% max claim). See here...
    https://www.tenancydepositscheme.com/resources/files/Product%20Lifespans%20Guide_DIGITAL.PDF

    The L is not obliged to use the deposit arbitration process but it may not look good in Court if he has refused. Did you request this?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.6K Banking & Borrowing
  • 254.5K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.5K Work, Benefits & Business
  • 604.4K Mortgages, Homes & Bills
  • 178.6K Life & Family
  • 261.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.