Can ex-landlady claim for work which was never done?

[Daphne_sam]

Hi and thank you to the people who have replied to my previous threads.

My ex-landlady is suing me in the County Court for alleged 'damages' to the house I rented for 3 and a half years. I left the house 16 months ago.

She is claiming £100 to remove a small area of paint my 6 year old son daubed on the tatty garden shed. I admitted he had done it and was prepared to pay a reasonable amount to have the paint removed (NOT £100!)

However, I have recently discovered that the paint has not been removed. There have been two tenants in the house since I left, so re-letting as a result of this paint obviously wasn't a problem. I have taken a photo of the shed in its present state from my former next-door neighbour's garden and can compare it with one I took when I lived in the house.

Can my ex-landlady claim any money at all for this?

Thanks for any comments!

[MilkTrayMan]

Your ex-Landlady is subject to the SAME SoLA as anyone is...i.e. 6yrs.

However, the onus would be on her to 'prove' that the damage was caused by U/your son + its cost to put right.

If U have NOT admitted anything in writing, nor said anything to that effect in front of credible witnesses, call her bluff.

The fact that she has had TWO tenants AFTER U have left, would make her case appear initially weak.
The only possible cause for concern would be, if they have signed a pre-tenancy agreement where any previous 'damage' has been recorded.


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[Daphne_sam]

Hi!

Thanks for the reply.

Is this American or British law?

I have admitted my son did the damage and I'm willing to pay, but the point is that the repair hasn't been done, although she claimed on the County Court claim form that it had cost £100.

Sue

[GlasweJen]

as far as i'm aware everything on this site is british law

[Daphne_sam]

I saw SEATTLE but can see the poster's location is Beds. That's why I asked. Silly me!

[MilkTrayMan]

Originally Posted by Daphne_sam

I saw SEATTLE but can see the poster's location is Beds. That's why I asked. Silly me!

'Tis just an added bit of p*ss take of myself......'SLEEPLESS in Seattle' cos of the late nights on here!...


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