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Old Landlord Feeling The Pressure

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Hi Guys,

I have been chasing up my last deposit which has been withheld because of a wear mark on one chair and a red wine stain on a kitchen counter. I lived in the property for three years. She is now threatening to sue for 4k. Her view is that she is having to replace the whole suite and a whole new kitchen top and is deluded enough to think she can charge this on to me. Good luck.

I think it is time to get lawyers involved. Is there anyone who has any advice?

Think of it as a chance for a tenant to kick an inscrupulous, struggling BTLer while they are down.

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Reasonable wear and tear. Visit the shelter website it tells you what form to fill in to take her to court.

Fill it in.

Photocopy.

Send her a copy with a letter giving her 7 days to return your deposit. By post she has to sign for.

Do you have photos of the stains to show that they are slight?

Then bank cheque she sends you quickly.

:)

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The wear mark is obviously fair wear and tear. And the wine stain can probably be shifted with the right detergent. Tell her she can have £2 off the deposit for some Domestos.

As for suing for 4K -- she must be up to her neck in do-do and desperate for cash.

Edit to add: Don't waste your money on lawyers until you've actually got a writ from her.

Edited by Nationalist

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A bit of advice (that you'll need to check) but I believe that, in the case of something like a sofa or carpet, the landlord can only charge you for the cost of replacing the item at its last value.

So, for example, if they spent £400 on a sofa but had it for 3 years, then the second-hand value might be £100 by that point (as I say, this is just an example). If you then move into the house and damage the sofa beyond repair, then you would be liable for a maximum of £100. In other words, you can only every be charge for a like for like replacement, not for the cost of a new item. Does that make sense? Hope it's of some help!

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Reasonable wear and tear. Visit the shelter website it tells you what form to fill in to take her to court.

Fill it in.

Photocopy.

Send her a copy with a letter giving her 7 days to return your deposit. By post she has to sign for.

Do you have photos of the stains to show that they are slight?

Then bank cheque she sends you quickly.

:)

I didn't take any photos unfortunately, but I have e-mail proof that it was just the one. And it is a wear mark, not a stain which you get after three years of use.

But I'm so tired of her crap, I will pay a lawyer just to make her life misery.

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if you withheld the last months rent you broke your contract.. that wont help with your case :( if you paid your last months rent go wild

Edited by moosetea

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if you have proof of what the conditions where when you went in and when you left (ie photos or an inventory) then just go to the small claims court website

simple enough and pretty cheap to get things moving, when she gets that court letter through the door she will give your deposit back. if not take it further, she is likely to loose and end up paying your costs. you can also get 8% interest pa, so the longer she waits the more you will get

personally i would phone up and try to give her a chance, say you are going to take it to court.

We had trouble getting our £3500 deposit back, some landlord can be total ******tards.

But a bit of advice, its rather hard to let out a property with broken windows :P:P:P:lol::lol::lol: but only if she really deserves it!

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A bit of advice (that you'll need to check) but I believe that, in the case of something like a sofa or carpet, the landlord can only charge you for the cost of replacing the item at its last value.

So, for example, if they spent £400 on a sofa but had it for 3 years, then the second-hand value might be £100 by that point (as I say, this is just an example). If you then move into the house and damage the sofa beyond repair, then you would be liable for a maximum of £100. In other words, you can only every be charge for a like for like replacement, not for the cost of a new item. Does that make sense? Hope it's of some help!

Thanks Kezza. I believe all furniture and fittings have a shelf life of five years, beyond that it is considered of no value.

And yes, I'm not liable for the cost of a full fitting.

My last landlord went to jail for fraud (yes, financial), we lost the deposit. This one, I want to make pay.

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Guest anorthosite

I wonder what a judge will make of a landlord who threatens to sue over something highly questionable when you chase them for an unlawfully held deposit.

I'll be finding out though - I'm in a similar situation, but I've just put my claim in through the small claims court.

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Hi Guys,

I have been chasing up my last deposit which has been withheld because of a wear mark on one chair and a red wine stain on a kitchen counter. I lived in the property for three years. She is now threatening to sue for 4k. Her view is that she is having to replace the whole suite and a whole new kitchen top and is deluded enough to think she can charge this on to me. Good luck.

I think it is time to get lawyers involved. Is there anyone who has any advice?

Think of it as a chance for a tenant to kick an inscrupulous, struggling BTLer while they are down.

One shes has too prove its was you, did she have pictures? two wear marks is part of renting so she can't do you there, Contact shelter. i take it you dont live there? how long ago did you move out? or do you still live there, can you go back and have a look take a photo of it, thats what i would do, when your there see if you can clean it up.

But 3 years is harder for her to get away with wear on the property, i heard some were by law they must replace worktop, carpet, paint every 4 years or some thing like that.

If you moved out 3 months ago then she really doesnt have a leg to stand on.

Edited by crash2006

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I didn't take any photos unfortunately, but I have e-mail proof that it was just the one. And it is a wear mark, not a stain which you get after three years of use.

But I'm so tired of her crap, I will pay a lawyer just to make her life misery.

no you don't need a lawyer. Seriously. Costs you £50 i think to file the papers but do as I say and request the money within 7 days and then file if she doesn't.

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Guest anorthosite
no you don't need a lawyer. Seriously. Costs you £50 i think to file the papers but do as I say and request the money within 7 days and then file if she doesn't.

We were advised to send a letter with "notice of imminent action" I think was the quote at the top of the page. We gave 14 days and got a patronising reply. Small claims court (it cost £80 which is added to your claim) it is then!

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We were advised to send a letter with "notice of imminent action" I think was the quote at the top of the page. We gave 14 days and got a patronising reply. Small claims court (it cost £80 which is added to your claim) it is then!

Before you go thru the SCC, you need to write at least 2 letters to her, you need to show you have been trying, explaining to her what next path you will be taking, if this issue isnt sorted.

Remeber both registered letter and a copy of what you have said, as you will need to pass this on.

Edited by crash2006

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Before you go thru the SCC, you need to write at least 2 letters to her, you need to show you have been trying, explaining to her what next path you will be taking, if this issue isnt sorted.

Remeber both registered letter and a copy of what you have said, as you will need to pass this on.

I have a complete record of correspondence. Just in case she lies when in court.

Seriously, I'm dealing with a psycho here.

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I have a complete record of correspondence. Just in case she lies when in court.

Seriously, I'm dealing with a psycho here.

has she allowed you to look at the damage she says you did.

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I am not a lawyer, so please don't take this as legal advice, but:

Go to moneyclaim.gov.uk (government court service online) and you can have a summons in the post tomorrow for little cost (have used this myself)! Take minutes to put in for a small claim and if by some miracle it goes to court, it will be up to your landlady to prove that you caused the damage and that she is therefore justified in withholding your deposit. If she can't, the judge will not be sympathetic to her plight and you should be awarded your deposit plus costs and interest where applicable. At the end of the day, in the civil courts everything is done on what is 'reasonable'. If she is going to withhold your deposit, it's surely reasonable for her to show why and produce some reasonably firm evidence. Judges have no time for difficult and obstructive people and will normally give the tenant the benefit of any doubt.

Can somebody correct me on any of the above if it's wrong? The whole procedure was relatively straightforward when I sued somebody a couple of years ago.Don't waste your money on lawyers - the small claims process is designed to do without them as much as possible!

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Not a lawyer, but in situations like this it is always useful to know the financial strength of your adversary. I suggest you request her mortgage details from the land registry (cheap) and try to obtain a credit ref on her.

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I didn't take any photos unfortunately, but I have e-mail proof that it was just the one. And it is a wear mark, not a stain which you get after three years of use.

But I'm so tired of her crap, I will pay a lawyer just to make her life misery.

Bear in she can probably finance legal costs from an insurance policy.

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Guest muttley
no you don't need a lawyer. Seriously. Costs you £50 i think to file the papers but do as I say and request the money within 7 days and then file if she doesn't.

It costs £30 and you can add that sum to your claim.

There are loads of good threads on the "About Renting" forum. I got some great advice on that forum when my landlord witheld £290. I got the full amount back plus the £30 it cost to take him to court. Read the threads though, as there are some pitfalls along the way.

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Guest muttley
Can somebody correct me on any of the above if it's wrong? The whole procedure was relatively straightforward when I sued somebody a couple of years ago.Don't waste your money on lawyers - the small claims process is designed to do without them as much as possible!

Spot on!

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