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

[AgnesR]

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

My landlord didn't take me to court but I had to fight him for my deposit. I too thought we had a good relationship. I let trades in, sorted out the fire alarm. But as I found out landlords are only okay if you a cash cow and I moved out like you.

Is it too late to try and get your deposit? Even as a stake in the ground because he is bullying you? Do you have photographs?

Like others have said involve your MP.

If he takes you to court and if he wins you can state that you can only pay £1 a month.

If it was trashed I would not be asking for this advice. They have photos of all these things. No photos of a trashed house! They are just trying to get money for each tiny thing which would be covered by their work needed anyway, if they were being nice/normal/ reasonable. None of this advice would help me if I had trashed the house and I wouldn't be wasting mine or all of your time on this chat.

I need to trawl through everything and get my own evidence together. Eg on wear and tear, and betterment etc.

@AgnesR sounds like a professional landlord I used to work for. Ate you Nottinghamshire based by any chance?

💐

You’ve had lots of good advice already OP but just wanted to wish you luck. They sound like rotten bastards. It is part of being a landlord to replace things/decorate due to general wear and tear. If the things you’ve listed are items they are charging you and taking you to court for then they are being totally unreasonable. No wonder they’ve made all that money if they behave like that and bully people. X

As a landlord , the dps or similar do not side with landlords
I wish people wouldn't give people false hope with this bollocks. It totally depends on the individual DPS that is being used. It's not a centralised impartial system at all and some are better than others for tenants.

Thank you so much!

I do feel better, was just so upset that they would be like that but will be more objective now and try to not take it personally!!

Thank you so much everyone!! x

Undermining and patronising in one post 👏

Thank you @KaiserChefs I read so many awful reviews and experinces of tenants with mydesposits, they sounded such a nightmare to deal with that I couldn't do it!

Is the letter 100% legit? Doesn’t take much to draft a convincing looking ‘legal letter’. Scaring / threatening tenants, especially vulnerable ones is not entirely unheard of. Please double check the letter.

I work in this industry. He does not have a case. Courts almost always side with tenants.

You basically need to leave the house in the same condition as you got given it minus west and tear. So carpets worn down. (Ok) carpet with hole in (not ok) paint having tiny scratches (ok) changing wall colours (not ok unless you’ve made sure before you do it)

however I’m aghast at why you let them have the deposit. That’s incorrect about them siding with landlords. Landlord zone is amazing for stuff like this and they really know their stuff.

if a blind broke, as long as you replaced it like for like there shouldn’t be a problem.

I would be prepared to pay something but seeing as you’ve giving your deposit that shouldn’t be too much if anything. I wouldn’t worry about it as I think he’s trying your luck but you’re going to be questioned about if you didn’t think you left it in a bad state then why hand over your deposit. I mean say everything about your child here and you can prove meetings etc that you’ve had.

basicwlly anyone can take anyone else to court if they’ve got enough money. If they win is another question….

ARLA states a LL should replace carpets every 7 years. If a carpet has not been replaced in 10 years no court will rule in their favour. You should have complained to PDS because by not doing so it looks like an admission of guilt.

It sounds like he's chancing his arm here. Anyone can take anyone to small claims for a minor fee. Whether they have a leg to stand on is another matter entirely.

It'll go to dispute resolution, so an intermediary will speak to you both to see if it can be resolved without going to court. When this happens, be really firm that it's wear and tear. It's pretty obvious that a carpet won't last forever. And it's blatantly obvious that he's trying to claim for work he's responsible for. He wants a ludicrous amount of money. I doubt you could cause the best part of £10k in damages without taking a shovel to the place.

Please don't get stressed. We can all see that this is bollocks.

Did you take photos when you moved in. AND when you moved out?

Some people seem to be getting confused with the protected deposit and the landlords right to take you to court, they are separate things.

The protected deposit is there to cover minor issues up to the value of the deposit and is protected in such a way that there is a level of mediation/regulation on how much, if any the landlord can retain - in the case of the deposit scheme some items are depreciated in value, ie carpets.

On the other hand, if the landlord feels that extensive damage has been caused (not saying it has of course) he can quite legally persue you via the courts for what he feels he is due, its then up to the court to decide.

As the landlord has submitted the court papers, it is out of you hands, it will either proceed to court, or they may pull out last minute if you don't approach them to settle.

It doesn't have to cost them much, the court fee is £455 and they can simply represent themselves, it's not a complicated matter.

If it goes to court, do turn up, if you don't it is far more likely they will win, if they do win on the day offer a payment plan as suggested by a pp.

Did you get permission to re-decorate in writing?, this is something they could (and I say could) win on, claiming your DHs decorating to be substandard, non authorised and needing re-doing.

I would get a solicitors advice as well if you can afford it.

They sound awful from your description of events, I wish you well, stay calm, it will follow a slow due process and thats that!

As far as the decoration portion of the claim is concerned, you don't need to do anything. This is helpful guidance:
RICS, ARLA, NAEA and Asset Skills have provided the following guidance. This gives the lifespan of items in a rented property for redecoration. This can help in determining what allowance to make for wear and tear. This guidance is also used by the DPS (Please see our previous article relating to Tenants Deposit Protection, click here) in the event of a dispute over the deductions:Decoration RepairsHall, landing, stairs – between 2 to 3 yearsLiving Rooms – approximately 4 yearsDining Rooms – approximately 6 yearsKitchen and bathrooms – between 2 to 3 yearsBedrooms – approximately 5 yearsCarpetsBudget carpet 3-5 years Medium quality 5-10 yearsTop quality up to 20 yearsAppliances RepairsWashing machine 3-5 years Cookers/ Ovens/ Hobs 4-6 yearsFridges 5-8 years

1. In their “Summary of the principles of dealing with Deposits, Disputes and Damages” leaflet, ARLA say:Minor damage to an item, a small to medium stain or mark on a carpet or mattress: £15-£35. A small to medium sized chip or mark, scratch or burn on a kitchen worktop: £5 – £25.
2. In the case that these items need replacing in their entirety we will claim any cost. He may have to apportion the figures. They must show that the charges are reasonable.

@AgnesR I have an assistance dog and I didn't think landlords could prevent you getting one. My dog in the eyes of the law isn't a dog in the traditional sense. She's classed as a disability aid which is why she has public access rights to go in shops etc.

Did you get permission to re-decorate in writing?, this is something they could (and I say could) win on, claiming your DHs decorating to be substandard, non authorised and needing re-doing.

Thats only if the landlord has redecorated within certain time frames and this tenancy was 10 years, so over very time frame.

My landlord tried this on. She first tried to take the whole deposit. Then sent me a solicitors letter asking for thousands of pounds. In the even she got 100. 00 and I got the remaining six fifty back. She was also trying for new carpets, decorating etc for a house we lived in for 15 years which had never had any work. It had the same carpets that she had when she had lived there twenty five years ago! They are beyond CF

They don't have a leg to stand on if it's just carpet and redecoration.
10 year tenancy they'd be expected to repaint after the tenancy ended and replace carpets.
TDS should have a guide somewhere that tells you the expected lifespan of the items they're taking you to court for you to replace.

Please try not to worry.

There are recommended frequencies for re-decoration, but the tenant doesn't have the right to do it without permission, which should always be in writing.
If the tenant is unhappy with the decoration they should ask the landlord to re-decorate or ask if they can re-decorate.
It is really critical tenants get written permission from the landlord for any renewals or alterations they do, or else a mess can ensue, paper trails proving you asked and were told ok are critical.

If you've received court papers you should file a defence. This company is banking on you being intimated to not defending this and/or turning up in court.

Get any paperwork together that you have: AST, inventory, deposit paperwork and emails, etc you sent to the landlord and photos of the place.

Do you know anyone who is an expert on private renting who can help you? If the court agrees, that person can attend court with you as what is called a Mackenzie Friend, so an expert who is not a lawyer.

Absolutely this, the chances are when a defence is filed and it gets close to the court date with no settlement offer they will withdraw their case.

Thanks for the recent postsa and info.

There is confusion though. We never redecorated/painted while living there as it would not have been allowed. We just touched up/did some worse bits with their same paint colour/make as we moved out. They were happy with that.