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My ex-landlord is trying to pull a fast one, but I think I screwed up too :( Any advice?

26 replies

redandyellowbits · 02/08/2012 12:57

I am stressed, does anyone have any wise words to help me?

We moved out of our first rented house at the end of June. All fine. Estate agent emailed me 2-3 weeks later, saying we had damaged to property in lots of ridiculous ways - e.g. by installing stair gates, which we didn't, as these were already there, and my DCs are too old to need them.

Similarly, they are claiming we damaged walls by putting up curtain poles - no, these were also already there.

They agreed and backed down on a lot of these points, but are now claiming we damaged the flooring to the tune of £200 (but they are willing to accept £100 for a quick resolve Hmm).

I messed up because I didn't check and return the inventory when they first sent it to us. This is entirely my fault - the inventory was very top-line so I checked it briefly and didn't follow up -the house was freezing, and things were very hectic with house move, me working full time and two DCs. We had moved in just before Xmas and were then away for 2 weeks, on return I found I was pg and had severe HG, and so the inventory got forgotten. It was my fault nonetheless.

DH thought I had it all under control, and had returned the inventory (even if I had, it didn't cover many of the points they raise). Also as lots of the damage to the house was noted by us to the estate agent on the phone or directly to the landlord on the phone, we didn't note it all down via email, as I didn't realise it would come to this situation.

DH is fuming with them and has told me he will now deal with it, but I am worried that if we go in all guns blazing it will come down to being our fault for not returning the inventory, rather than the agent/landlords fault for doing a crap sign-out from their last tenant, and they will escalate this more, and charge us for all the damage from their last tenant which they hadn't noted in the inventory.

I don't know what I can do :( I was handling all of the paperwork etc for this as a first - DH usually does it all and I wanted to get my pre-DC sensible head back on and do it all this time. But it's all gone wrong. Can someone tell me I'm over-reacting and all will be fine please?

OP posts:
narmada · 16/08/2012 23:03

This from the ever-reliable Shelter on tenant deposit schemes:

"Compensation rights after your tenancy has ended

A court may order a landlord to pay compensation to their tenant or former tenant if the landlord didn't protect a tenancy deposit or protected a tenancy late.

A court can order a landlord to pay compensation of 1 to 3 times the value of the deposit even if your tenancy has ended:

for deposits paid on or after 6th April 2012 
for deposits paid between 6 April 2007 and 6 April 2012 ? if the tenancy ended after 6 April 2012

For deposits paid on tenancies that ended before 6 April 2012, the court can?t order the landlord to pay compensation at all - but you may be able to take action (including court action) to get an unprotected tenancy deposit returned."

Appreciat e you are probably not in the mood for a scrap with the agents but I so hope you can find an ounce of fight in you to ensure they buggers are penalised for their shonky practices:)

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