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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:
GoingDownLikeBHS · 01/12/2023 17:55

With Shelter its best to use the web chat OP, it does say only use their phone line for emergencies on the home page, but I've found web chat really good - just paste in what you've said here. You will need to sit on the website and refresh the page over and over but I've never not got through on web chat:
https://england.shelter.org.uk/get_help/webchat

Comedycook · 01/12/2023 17:56

Sorry I haven't read the full thread...but have you thought about contacting your MP?

MzHz · 01/12/2023 17:57

@AgnesR what does your inventory state as condition?

Canisaysomething · 01/12/2023 17:57

Go to the local paper to name and shame him. I bet he does this to other tenants all the time.

Original poster
AgnesR · 01/12/2023 17:57

Actually that is not a bad idea re MP as though I don't agree with her politics she is apparently good with issues re families, I will try the webchat too.

OP posts:
Original poster
AgnesR · 01/12/2023 18:01

The condition was good when i moved in, as they do give in a good state to new tenants. Nothing was new though and all cheap fittings etc. It did need some work, but to my mind was normal wear and tear after 10 years of a family. No dents in walls or anything!

OP posts:
Iwantcakeeveryday · 01/12/2023 18:05

Hi! I have dealt with this a lot as a long time renter. The law is clear on repair and decoration so its a real shame you didn't use the tenancy deposit tribunal service, as thats not hard and he would have had to make a claim there, and I think you would have won.
If they have not decorated the property in 6 years, they can;t change you anything for decoration. tenanted properties should be redecorated every 6 years, or in between tenancies ut then they can;t charge you for any decoration at all.
The carpet should be replaced I believe every 20 years, but even then wear and tear over 10 years will be taken into account.
Minor repairs over 10 years, this will depend on each item but the life expectancy of typical household fixtures and fittings is how they determine whether you owe anything, and how much. It isn't usually a lot.

I don't think your landlord has a case at all. Call citizens advice if you need to.

Original poster
AgnesR · 01/12/2023 18:06

I really appreciate the advice and support, thank you. Feel more emboldened to fight!
I knew I should fight for deposit but child was in crisis, lots of other stuff, and didn't want to waste any more energy on landlords being horrible as it was tainting my happy memories of the house my kids grew up in. Obviously now things are even worse to fight!
The kids still shed tears regularly over missing that house too!

OP posts:
nottaotter · 01/12/2023 18:07

@AgnesR That is not true regarding the tennant deposit scheme, they normally favour the Tennant. If anything is damaged they are only allowed to deduct like for like, so damaged carpet you would not be charged the cost of a whole brand new carpet. Did you see the paperwork that confirmed your deposit was registered?

Iwantcakeeveryday · 01/12/2023 18:09

AgnesR · 01/12/2023 18:06

I really appreciate the advice and support, thank you. Feel more emboldened to fight!
I knew I should fight for deposit but child was in crisis, lots of other stuff, and didn't want to waste any more energy on landlords being horrible as it was tainting my happy memories of the house my kids grew up in. Obviously now things are even worse to fight!
The kids still shed tears regularly over missing that house too!

Was the deposit definitely protected? If they didn't and didn't give you all the relevant paper work within 30 days, you have 6 years to take them to small claims for improper deposit protection and they will be fined 3 x the deposit if they haven't done it properly. This is payable to you. There are forms on Shelter you can sue as a template for a letter before claim, and follow instructions from there.

Original poster
AgnesR · 01/12/2023 18:17

Thank you but it was protected.
It was with mydeposits and if you google it, you can see how bad the google reviews of the company are, from the tenants side, which put me off trying to deal with them....

OP posts:
Mrsgreen100 · 01/12/2023 18:19

As a landlord , the dps or similar do not side with landlords, start with claiming your deposit back
was there an agent involved,
unless you completely trashed the place your landlord is trying it on
claim back your deposit now

Jaichangecentfoisdenom · 01/12/2023 18:23

I thought that in any case, landlords should replace/repaint property every 7 years, even if the same tenants were there all the time? If that is so, then this landlord has no right to take you to court and will be laughed out of it. It's pure intimidation and bullying, surely? They are hoping you will fold at the threat and "settle out of court" so they can get some money out of you, perhaps? I don't know, but I would definitely take advice from Shelter if I were you. They're bound to know what you need to do.

Original poster
AgnesR · 01/12/2023 18:24

Didn't trash the place. Took good care of it. Angry that they are treating us like we were awful when we were perfectly good tenants! Never a day late in rent in 10 years. House was clean and ready for their work on wear and tear. Garden looking much nicer than when we arrived.

OP posts:
Shadesofscarlett · 01/12/2023 18:25

is it too late to apply for your deposit back?

mathanxiety · 01/12/2023 18:28

Ten years tenancy means there has been normal wear and tear on all surfaces, carpets, counters, etc.

The landlord doesn't have a leg to stand on.

mathanxiety · 01/12/2023 18:30

AgnesR · 01/12/2023 15:35

The worktops had cracks in the seams between pieces of laminate and these go worse over time! they did own it from the beginning
They are charging top whack for new everything and labour
Thank you, I feel stronger and will get advice from CAB and fight it (already fighting LA over EHCP and no provision for 2 years, and have no appetite for it!).
I did call Shelter helpline but a message said it was emergencies only
Feel so much better after all your comments though, thank you so much

They're trying to get you to pay for normal replacement costs that they should be paying themselves.

There's a special place in hell for people like that.

Get a solicitor.

Livelovebehappy · 01/12/2023 18:33

Reading between the lines in your posts OP, I get the feeling that it wasn’t left in a great state? Are they claiming for the carpet because it was damaged, or because it was worn? Same with other stuff - was it worn or trashed/damaged? I’ve seen some properties left in a really bad state, where the leaving tenants thought it was okay and just needed a lick of paint. Having said that, I appreciate it’s not easy to stay on top of everything if you have a disabled child.

Picturequestion · 01/12/2023 18:37

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

We let a house for a while. After a 10 year tenancy we would expect to have to redecorate and replace the carpets. I don’t think they will have a case. Can you get advice. May be Shelter? CAB? Some law firms do a free quick consultation- I did that with a dodgy landlord once.

Smugandproud · 01/12/2023 18:39

@AgnesR our tenant trashed our house, they had pet rats and every carpet had rat urine. The kitchen cabinets were kicked in, the bathroom ceiling was covered in mould.
We didn’t take the guy to court because we knew he wouldn’t pay, we’re still getting bailiff letters for his other debts here.
Wear and tear and a clean house would have been a pleasure to deal with.

If the LL does take you to court and by any miracle happens to get a judgement then offer to pay £5 a month and send it by chq everytime so he has to go to the trouble of depositing it.

louloubelx · 01/12/2023 18:39

has he warned you that he was going to take you to court? As if not, that would go against him too.

TheWanderingWoman · 01/12/2023 18:41

Did you take pictures when you left? From what you've said it doesn't sound like they have a leg to stand on so don't let them bully you.

Original poster
AgnesR · 01/12/2023 18:45

It really wasn't trashed. It did need recarpeting and painting to look perfect yes, but I thought that was normal. We did a lot of painting for them anyway (as in crown magnolia over their crown magnolia) I was telling my husband to stop as it wasnt our job to do the whole house. We know they do it between all tenants anyway and we had been there longer than most.

Im fact they have charged a specific amount for a new worktop, and a fee to move the hob to do so, and other items in the kicthen - a whole new one has been fitted!! Saw the photos when they put it back on for rental! Surely that isnt honest.

OP posts:
Original poster
AgnesR · 01/12/2023 18:45

It really wasn't trashed. It did need recarpeting and painting to look perfect yes, but I thought that was normal. We did a lot of painting for them anyway (as in crown magnolia over their crown magnolia) I was telling my husband to stop as it wasnt our job to do the whole house. We know they do it between all tenants anyway and we had been there longer than most.

Im fact they have charged a specific amount for a new worktop, and a fee to move the hob to do so, and other items in the kicthen - a whole new one has been fitted!! Saw the photos when they put it back on for rental! Surely that isnt honest.

OP posts:
Original poster
AgnesR · 01/12/2023 18:47

It needed a new kitchen to justify the new prices they are now charging. It was cheap and old!

OP posts: