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

Thanks guys!
Am feeling a bit better now that shock subsided!

Good luck- let the, take you to court- I hope the landlord gets his just desserts - I’m a landlady and I think it’s ridiculous what you’ve been put through

As a one property landlord, I detest landlords like this. Wear and tear is part of the deal..no tenant should be paying for that. I don't know whether the deposit protection agency will give advice, but there should definitely be some free advice somewhere. LBC have a free legal hour once a week. Why are some people so damned greedy

Hello, advice…
(1) if you have a report of the condition prior to move in review it carefully
(2) if you took any photos (or the landlord did) before you left. Compare the two and be prepared to answer responsible wear and tear. Request in writing a copy of the exit report and photos.
(3) be honest with yourself, you mention you were a low maintenance tenant, be careful, did you report issues in a timely manner or just let the property fall into disrepair

reasonable wear and tear will be taken into account, scuffs, knocks.

if you decorated the property in neutral colours you should be fine. If you painted the walls red, you may have a problem.

That's really helpful for me, thank you. x

Not trying to get the deposit back is a major mistake. By law the deposit has to be protected. Then the landlord has to tell the protector how much he deducted and the ex-tenant has a right to challenge this. The deposit protector then arbitrates.
The point here is that whether you expect the deposit back or not, if it’s protected you already have someone available to determine fair wear and tear. If it wasn’t protected, (and if it was you would have certificate which has to be sent to the tenant by law) then the landlord was letting illegally, and his rights to compensation under the law will be severely curtailed if not thrown out (landlords who don’t protect deposits are not looked in favourably legally. They cannot issue Section 8 or Section 21 notices for example).

Sorry if this has already been said but Google “pre-action protocol”. Make sure you follow it exactly. Then let them take you to court. They don’t pay fees until the end so seems like an empty threat and court won’t be happy they didn’t try to settle before taking up their time. You should offer that deposit you gave up on as your settlement offer - in writing. I has similar from builders recently which is where my advice is coming from. Bullies. Hate them all. Good luck x

Ive just seen today about a landlord taking an ex tenant to court over smashing up tiles in the bathroom - the court ruled that the tenant shouldn't have to pay as it was wear and tear and nothing could be expected to last 10 year or more

The landlord sounds like a bully and unless they have really clear evidence, which would include the state of carpets when you moved in (which I think is unlikely) - plus carpets should be renewed every 10 years anyway at least - it’s ridiculous and they are just wasting the courts time.

I was a landlord for a time and I find this ridiculous. Your deposit is protected and you would need clear evidence, substantial evidence to challenge this in course. I had a tenant wreck cupboards in the kitchen (handles taken off, paint all over them) and I didn’t even take them to court as the bar is pretty high to prove it and it just isn’t worth it.

If it helps, there are some online landlord forums - major websites in the UK - and I’ve seen tenants post there asking about this kind of thing and you’ll find landlords really helpful in telling tenants what their rights are. No one likes a landlord bully!

I would suggest you take advice from CAB before you start any negotiations over costs.

If he provided carpets, assuming they weren't new and under warranty, fair wear and tear applies. 10 years of use may well mean they are now life expired, so your ex-LL will need to replace them, at his cost. Ergo you have not damaged them.

Hoping you have before and after pics, but it's no biggie if you don't unless he starts to damage the carpets to get the court to think you should pay for tgeur replacement...

Check your housrhold insurance for lefal cover. Hopefully you have this. Call the legal helpline. Tell them whats happening, they can connect you to a solicitor who can help.you foc.

i say, let him go to court cos he will lose.

What a stressful situation

In your discussions, I suggest you focus on what is (not) relevant eg focus on condition and quality of furnishings. But the fact you paid rent on time and have a disabled child isn't relevant to a dispute about wear and tear

Good luck

Sorry to hear this op. Our horrible neighbours have numerous properties they let and complain about each tenant when they leave. They even complain about curtains being closed during daytime hours. They complain about dirty carpets, having to repaint etc yet their last tenants were in the cottage for 12 years and no updating was done whatsoever! They even allowed dogs then complained about the dogs! I should add that they charged well over the odds for the privilege.

You expect to re-carpet and decorate after such a time. It is normal family/tenant wear and tear. if you did nothing to your house in ten years, it wouldn't look too great would it? They have now done up the house to an average standard but the rent has increased 100% They have allowed dogs again.

Its like they are expecting you to fund the refurbishment for new tenants! Stick to your guns op. You have done nothing wrong. Highlight the outrageous extra charges levied. Do take appropriate advice and try not to be too downhearted.

I would add that they are vile bullies. They have done something to us recently and act like the Kray twins and have been watching too much Peaky Blinders. You are not in the NW by any chance are you!

I am sure you will be fine. I gave up being a landlord because I had an appalling tenant who never paid on time, was awful to neighbours and wrecked stuff. Most of the laws seem to favour the tenants which is why I couldn’t face continuing in case I had someone else like him. I would have cherished a great tenant like you - it is such a pity you had such a ghastly landlord.

Mine is trying the same.

Im guessing yours is as tight as mine so wont want to foot the court costs so likely a hollow threat. If he does the court will throw it out.

We moved in 12 years ago with an 80s kitchen in a 60s house. 80s wardrobes, cast iron bath... He was complaining that the kitchen was looking like it need replacing and i would have to do it. The pipes were all leaking and he never fixed them, the ceiling fell down in the living room and he said he wasn't repairing it (was damaged by a previous tenant flooding the bathroom and was sagging when we moved in). The carpet he accused me of replacing!?! Then complained they were scruffy!? Also accused me of replacing the wardrobes (because i want 80s ones!?) he did zero maintenance in 12 years and i mean not a single thing. Rent was supposed to be in a deposit scheme but he spent it. He told the kids to choose any paint they wanted for their rooms this year, half way through painting told me it had to be colour matched back to the original beige... Then gave us a s21.

He is now having a fit about 'all the repairs' that need doing and how i have to pay for it. It's all repairs the house needed before we moved it except the ceiling but that wouldn't have fallen down if he had repaired that when the previous tenant flooded it.

He will not except that doing zero maintenance and no updates since the 80s is why the place is shabby. We deep cleaned and painted. Wouldnt get the professional carpet cleaner in as he was ripping the carpets out (though still insisted we needed to clean them!)

He made it clear the deposit was gone (£2k) and we wouldnt be seeing it and he wants us to do the maintenance he should have done... Well he can jog on. Take me to court so the judge can tell him to jog on too.

Some landlords take the p#ss.

How terrible however you should concentrate on improvement that you made suitable for anyone

I had issues with my landlord and found a fantastic site to ask - www.landlordforumproject.co.uk
Don't be put off by name it's for landlords and tenants and you will get landlords who do everything correctly help you out as they are not all on the make - I've had amazing help and also follow ups to make sure I am OK.
Apologies if someone has already suggested this and easy to say but try not to sweat about this too much - you are protected in lots of ways. X

Always, always dispute with the deposit scheme if landlord tries to claim for things you didn’t do or are down to fair wear and tear. Carpets are expected to last 7 years roughly, so after 10 years there’s no claim unless you burned a massive hole in it. I hate that some LL use fear to try and get people to give in. Your ex LL is wasting their money going to court, they’re trying it on to get a free refurbishment for their flat.

and ALWAYS take date stamped photos of every single corner in the house no matter how insignificant when you move in and when you move out.

Get professional help urgently. You have lots of legal rights on your side.

Hi, have you thought about going to the press?
I bet they would be interested in this story. Look up which people report on housing. There’s a writer called Vicky Sprat who does dodgy landlords for the i I think. That’s what I’d do, and I’d tell the landlord I was doing it.

@AgnesR

Do not ignore this; please. I agree that there is not much to worry about but if you were to ignore it the landlord could simply get judgement by default possibly for the full amount. Deal with the Court paperwork within their timescales. That is important. Do not worry if it goes to a hearing but if it goes to that you must attend with all your paperwork [starting with tenancy agreement] and anything you have spent. Photos showing the condition of the decoration and - if people helped you get a statement from them and - if needed - take them to court.

It is not frightening. No one will bob up and down shouting "objection"

The court will help you!

If you're on Facebook, there's a great support group there called Tenancy Matters UK. The admin (landlords and tenants) are very clued up and helpful.

You've had good advice and you seem to be feeling more resolute than you were when you started the thread, so i just came here to say please, please, if you're not too late, claim the whole deposit back and let the adjudicator decide. I've never dealt with a deposit protection scheme but everything I've read leads me to believe that they're pretty fair. I think if you do that and win, the landlord will probably cancel the whole court thing because he'll realise he can't intimidate you. In fact I think he's probably counting on you settling out of court and would cancel anyway because he can't possibly believe he's actually entitled to that much. He's trying it on. Please don't let him get away with it. It's your money, and I'm quite sure you need and deserve it more than he does.

Yes get your deposit back. Next property take pictures of everything when you move in. Can you report your Landlord for the mold etc.

Even if he does go ahead with the court hearing, as others have said they'll be very nice to you. They're used to people representing themselves and they will help you; civil courts are really not intimidating. The group I mentioned will help you as well.

You should claim the deposit back to show that you owe them nothing. From what you say everything the landlord is claiming for is wear and tear which he can't claim for. Go to Shelter or CAB for advice, that's a lot of money at stake.
Was there an inventory when you moved in? Any photographs of what the carpets were like then?
Don't make the same mistake again, if the landlord doesn't get an inventory done then you must take pictures of absolutely everything in the house with detailed descriptions of all of it - then send it to landlord and get him to agree to it. If he ignores it you send an email saying if he doesn't comment then you assume he agrees with it all.