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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think my former landlord should pay for this?

48 replies

CoventryUniversityNetballTeam · 29/04/2014 16:53

I have name changed for this one.

I recently moved out of a property that I had rented privately for 2 years. The property was left in better condition than what I got it in, I had put new kitchen flooring down and painted the whole place with the landlords permission.

I was a very good tenant, quiet, and always paid my rent on time and in full.

I moved out last week and it was quite stressful doing it pretty much alone with 2 dcs under 5. I had to leave a wardrobe behind because I was unable to dismantle it by myself, it was huge and I asked the landlord if it was OK to leave and pick it up on the 28th of April when I had help and a van. He said it was fine and I still have the very friendly text from him confirming once again that he was happy for me to pick it up the following week.

I went to get it yesterday to find that he had smashed it to peices and ripped it down. He obviously never had any tools. So just ripped it apart by hand and it's wrecked. It will never go back together again now and it was only 2 months old. I still have the receipt for it and it cost £200.

Landlord turned up when I was collecting it and I asked him what happened. He said it was the painters that done it but refused to give me the name of the painting company. He offered £80 towards the cost of a new one. I am not happy with that because - and this is where I may be being unreasonable - I don't see why I should have to pay another £120 out of my own pocket to replace something that I didn't damage and left in the care of the landlord. He told me twice that it wasn't a problem and that he was happy for me to collect it on the Monday.

When he disappeared, I knocked the neighbours door (she's very nosy which came in handy - lovely, but nosy) and she said it was the landlord himself who was doing the painting because she was speaking to him about it during the day and he said it was cheaper to do it himself. This is how I know it was him who smashed the wardrobe.

Aibu to think he should pay for the damage and replace it?

OP posts:
stinkysox · 29/04/2014 17:01

I think he should absolutely pay for the damage. I would ask him again for the decorators name so you can inform the police of the criminal damage.

napoleonsnose · 29/04/2014 17:05

I think you should make him pay. Don't accept £80 - go for the full replacement cost. I perhaps could understand him destroying it if you'd not turned up when you said you would, but as you did he is taking the piss!

PleaseJustShootMeNow · 29/04/2014 17:06

Absolutely he should pay for it. Tell him to cough up or you'll report the criminal damage to the police.

PleaseJustShootMeNow · 29/04/2014 17:06

Absolutely he should pay for it. Tell him to cough up or you'll report the criminal damage to the police.

sebsmummy1 · 29/04/2014 17:08

I think small claims court may be your friend here. What a peculiar situation that you were in agreement to pick the item up and he instead destroyed it'!!?

RedPony · 29/04/2014 17:14

wow what an arse! I would definately expect him to replace it like for like and cover the full cost of it

Original poster
CoventryUniversityNetballTeam · 29/04/2014 17:14

I was considering going to the police but I was put off by thinking I may need proof or some form of evidence that he actually broke it. I can't see him giving me any money for it apart from the £80 he has already offered me

I'm quite upset because I saved for so long to buy a set of bedroom furniture Sad

How can I word the text i will be sending him this evening? I can't call because his phone signal is so poor

OP posts:
FreudiansSlipper · 29/04/2014 17:15

yes of course he should pay

but if your tenancy had ended you are required to remove all your items I am not sure how much a text message would stand up in small claims court

NatashaBee · 29/04/2014 17:16

This reply has been deleted

Message withdrawn at poster's request.

Hissy · 29/04/2014 17:18

has your deposit been returned? I'd speak to CAB if I were you, what he's done is outrageous.

FreudiansSlipper · 29/04/2014 17:18

I would send a text stating that he had agreed to you picking up wardrobe on .... date if this was not convenient he should have informed you before

Hissy · 29/04/2014 17:19

when was the last day of your tenancy? had you had the check out?
Is your deposit held in a scheme?

AgaPanthers · 29/04/2014 17:26

Just sue him, very simple, you can do it online.

Do you have your deposit back?

Original poster
CoventryUniversityNetballTeam · 29/04/2014 17:26

I didn't put a deposit down when I moved in unfortunately, at the time it was a huge help and great that he didn't take one but it would have came in handy now.

My tenancy ended on the 28th of. April, which was the day I was to hand the keys back but I had all my stuff out before then.

I can't afford to take him to court otherwise i would have.

OP posts:
AgaPanthers · 29/04/2014 17:30

The court fee is £25.

QueenStromba · 29/04/2014 17:30

He doesn't have a leg to stand on especially since it was still technically your home at the time. Does he have it in writing that he was even allowed in to paint before your tenancy was up?

Fairenuff · 29/04/2014 17:30

The small claims court only costs £80 per claim and if they find in your favour, he will have to pay the costs.

SueDNim · 29/04/2014 17:31

I do t think it is expensive to go to the Small Claims Court. I think £25 if you do it online.

Icelollycraving · 29/04/2014 17:32

If your tenancy was still in place when he smashed it up,I'd send a text to that effect,stating you are considering legal action against the decorators. He will either panic or get shitty.

sebsmummy1 · 29/04/2014 17:33

So your tenancy was still running at the point you came back to pick up your wardrobe? If so his behaviour is even more outrageous.

stinkysox · 29/04/2014 17:33

Does he know nosey neighbour told you it was him? If not I would text this:

Hi LL
I've been advised to report the damage to my property to the police before proceeding with small claims court so I need the name of the decorators please. I cannot afford to replace the wardrobe as I'm sure you understand.
Thanks, Coventry.

sebsmummy1 · 29/04/2014 17:35

Oh gosh yes to Icelolly. Call his bluff and say you are starting small claims proceedings to reclaim the cost of your wardrobe (tell him it was worth £200) and ask him for the address/ tel no. of the decorators please as you need this to progress your claim.

morethanpotatoprints · 29/04/2014 17:37

tell him you will inform the police, as although he has offered a little compensation it doesn't cover the full cost of replacement.
tell him the bill will go to the decorators so you will need their contact details.
I'm pretty sure nobody else did it other than him.

Hissy · 29/04/2014 17:37

he destroyed your property then, the courts are very hot on this, if a non paying tenant leaves stuff, even then the LL is not allowed to dispose of or destroy anything left behind.

get CAB advice now. Know your rights.

find the wardrobe price and details to buy new and show it to him. demand this or take him to SCC.

NotALondoner · 29/04/2014 17:38

Surely your claim is against the landlord. They were not your decorators but his. If he then wants to counterclaim against the decorators, he is free to do so, but your claim is against him.

Is that right, does anyone know???

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