Landlord threatening me with small claims court - help

Murphybear

Do you know what type of material the carpet is made of?  The following may (or may not) help

“Clothes moths are pests that can destroy fabric and other materials. They feed exclusively on animal fibers, especially wool, fur, silk, feathers, felt, and leather. These materials contain keratin, a fibrous protein that the worm-like larvae of the clothes moth can digest. (In nature, the larvae feed on the nesting materials or carcasses of birds and mammals.) Cotton and synthetic fabrics such as polyester and rayon are rarely attacked unless blended with wool, or heavily soiled with food stains or body oils. Serious infestations of clothes moths can develop undetected in dwellings, causing irreparable harm to vulnerable materials.”

R200

I don’t think it matters who caused it. The LL has to sort it out.

if the LL tries to say the pest problems or the mould is due to the tenant and that’s why he doesn’t think it’s fair that he pays to sort it out then he will get a fine.

its like if you stay at a hotel and the maid says I’m not cleaning that room the guests were the ones who made that mess

saajan_12

R200 said:

I don’t think it matters who caused it. The LL has to sort it out.

if the LL tries to say the pest problems or the mould is due to the tenant and that’s why he doesn’t think it’s fair that he pays to sort it out then he will get a fine.

its like if you stay at a hotel and the maid says I’m not cleaning that room the guests were the ones who made that mess

No, not at all how it works. A hotel is part of the service industry, where you have someone come in daily to clean, no right to stay or be left alone.. An AST rented property is the tenant's home, with increased rights (eg quiet enjoyment) and increased responsibilities. These responsibilities include returning it in the same condition as when they found it. If they fail to do this then the cost to rectify can be charged to the tenant via the deposit or separately via small claims.

The point here is that step ie a resolution on the costs has already been agreed and the LL is now trying to change things. The answer to that is the anyone can file a MCOL claim, and technically the LL could be successful if there was genuinely new info found that wasn't reasonably available at the time of the agreement, but in this case its very unlikely. 

theartfullodger

Sounds like fair tear 'n tear to me... Can happen anywhere, regardless of careful tenant.

Did landlord advise you to use moth prevention measures when you 1st moved in??