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Original poster

Taken to court by ex landlord for decoration etc of property after 10 yr tenancy

261 replies

AgnesR · 01/12/2023 15:07

Hi
Would love any advice or support or pointers towards help
I am so upset because my ex landlord is taking me to court for £7500 for a load of repairs, new carpets, worktops etc, plus loss of rental income after my 10 year tenancy.(Rent was £750!)
I always paid on time, asked very little of them
All the carpets were old and thin when I moved in
There was of course wear and tear after a family lived somewhere for 10 years
but it was totally clean, totally emptied (of course), and we did lots of painting over scuffs. Several people helped and I honestly thought we left it in a (more than) fair state for them to do the necessary work after a 10 year tenancy (to good, polite tenants!)
I am already under so much stress with severely disabled child, my own health issues, finances etc and this is the last straw!
Thank you

OP posts:
TheFlis · 01/12/2023 15:09

Is he actually taking you to court or just threatening it? I can’t see he has a case. Was your deposit held in a scheme?

Rosecoffeecup · 01/12/2023 15:11

Was all of this stuff there when you moved in? So they are trying to say that you should be paying for 10 year old carpet? What nonsense

Have you spoken to Shelter?

Underwatersally · 01/12/2023 15:11

An ex landlord tried taking me to court because the white carpet she put in the front room wasn’t pristine after I had lived in the property for 6 years.
I already had a ruling from the tenancy deposit scheme stating that the life span of a downstairs carpet is 3 years and the upstairs carpet is 5 so they gave up in the end.
I can’t see it going anywhere to be honest.

Frequency · 01/12/2023 15:12

I thought the carpets had to be changed every so often? In any case, they do not replace old for new, they calculate the value based on the original value minus the age of the item.

After 10 years I cannot imagine his carpet will be worth anything at all. The worktops will be worth very little if anything at all.

kwetu · 01/12/2023 15:13

After a tenancy of that length no court is going to give any credence to the claim, fair wear and tear!

CornishTiger · 01/12/2023 15:15

Is there an deposit!m? Is it protected? Is there an inventory.

For context how did the tenancy end.

LittleBoPeepHasLostHerShit · 01/12/2023 15:16

He wouldn't win if he did take you to court for this, but he won't, because it's expensive and time consuming and he must know he's got no chance. It's just wear and tear. (And if they haven't put your deposit in a protection scheme you can take them to court for that.)

Original poster
AgnesR · 01/12/2023 15:19

Yes, they are taking me to court!! Just got the letter today
The owner has hundreds of millions pounds worth of properties, which is why I am scared as they must know what they are doing to some degree??

OP posts:
Original poster
AgnesR · 01/12/2023 15:20

Nothing was replaced while I was there
Now they have issued the claim I feel so panicky

OP posts:
Original poster
AgnesR · 01/12/2023 15:21

Tenancy ended as I found a better place
We had always been on okay terms
They are known locally for being bastards!

OP posts:
Changed18 · 01/12/2023 15:22

Really would ring Shelter for advice.

Frequency · 01/12/2023 15:22

Get in touch with CAB and try not to worry. Unless you have caused structural damage the rest will be wear and tear.

Original poster
AgnesR · 01/12/2023 15:23

I didn't botther trying to get the deposit back from the scheme as they were already trying to charge me for carpets etc and I thought they would leave me alone if I let them have the deposit (plus my research said that the deposit co are well known for siding with landlords, and didnt have time/energy to fight it)

OP posts:
Original poster
AgnesR · 01/12/2023 15:25

Thank you so much everyone, I feel a little better but just feel so tearful. Absolutely no structural damage. They know I have disabled child as they denied her an assistance dog. Feel so bullied!

OP posts:
Terrribletwos · 01/12/2023 15:26

I would think normal wear and tear for carpets after 10 years.

The repairs and worktops that you mentioned, what is he specifically saying?

notfeeblebutPhoebe · 01/12/2023 15:26

As a Landlord I think it is bollocks @AgnesR
Did this company own the house when you started the tenancy? Or did they buy it from a smaller LL?
You need to check the precise wording on the original agreement and any updates.

kitchenhelprequired · 01/12/2023 15:27

The LL has got absolutely no chance of getting anything after 10 years for carpets or redecoration - both are things which are expected to be carried out more often than every 10 years so I really don't think you have anything to be concerned about.

Some of the timescales used for guidelines are ridiculously short - very few owner occupiers fully decorate or replace flooring anywhere near as often as the guidelines state.

randomstress · 01/12/2023 15:28

The deposit schemes absolutely don't side landlords.
It is highly unlikely that you would have lost any of your deposit for wear and tear issues in that length of tenancy.
Is it to late to request your deposit back? You need to get some legal advice, home insurance often also has a legal helpline.

cestlavielife · 01/12/2023 15:28

AgnesR · 01/12/2023 15:23

I didn't botther trying to get the deposit back from the scheme as they were already trying to charge me for carpets etc and I thought they would leave me alone if I let them have the deposit (plus my research said that the deposit co are well known for siding with landlords, and didnt have time/energy to fight it)

Not true
Process is very easy online to counter claim
Ask for your deposit back thru the scheme if not too late upload photos etc
He cannot ask for more than the deposit
Take the legal letter to CAB

LittleGreenDragons · 01/12/2023 15:29

Do you have any photographs of the property just before you left? Even if you only took a picture of your child the state of walls, carpet etc will be shown in them.

No idea about the deposit scheme but check to see how long you can leave it before it defaults to the landlord. Claim it.

Seek advice from CAB or Shelter as pp have suggested.

ActDottie · 01/12/2023 15:29

Ring Shelter for advice, from what you’ve said it sound totally unreasonable especially as you were there so long there would’ve obviously been wear and tear!

Terrribletwos · 01/12/2023 15:30

Ah, you didn't fight for your deposit back and now he's taking the piss. He obviously thinks you're a soft touch. Don't let him take advantage this time.

Quitelikeit · 01/12/2023 15:32

He is trying to scare you into settling before court. Don’t give him a penny. It only costs him a few quid to start the process.

Seekd advice from shelter or the CAB

kitchenhelprequired · 01/12/2023 15:32

@AgnesR TDS are much more likely to find in favour of the tenant - not disputing their deductions could cause difficulties now. Without seeing the wording of their claims for dilapidations it's difficult to say but could possibly be seen as an admission of acceptance on your part. Give citizens advice a call.

Vuurhoutjies · 01/12/2023 15:33

I honestly can't believe that any professional landlord thinks they have a chance of getting you to pay because of normal wear and tear on carpets that they did not replace over 10 years. So either there's more to this than you are telling (or are aware of) OR this is their cunning little money making scheme and they're hoping you'll come back with an "offer".

They've already taken your deposit though so I think you should be countersuing.