Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
A friend and myself moved into an apartment back in February 2007 and moved out after a year this February 2008. We were the first people to move into the apartment, as it was brand new. So everything in the apartment was brand new.
The apartment was fully furnished and an inventory was given to us, however we never signed it.
Now we moved out this February 2008 and during the check out report conducted by the residential company (who manage the property for the landlord) a couple of issues were raised.
1) The two-seater sofa had a stain on it. Which I did notify them of well before and explained to them that I had got a company it to try clean it, but they could not remove the stain. And so I asked if the residential company could source a replacement cushion for me. They took ages to find out and I was chasing them all the time. Eventually they said that they were able to source some and it would be about £150, so I said that would be fine and to invoice me when it would be delivered. However I never heard anything and just presumed it would be invoiced to me after we had moved out. Anyhow, I was shocked to receive an invoice of £515 Inc VAT for replacement of the two-seater cream leather sofa?! Now to me I don’t think there entitled to charge me this at all, as what about Fair Wear and Tear for the year that we lived there? What are your views as to where we stand with this?
2) The laminate flooring.
On the check out report it stated that in the Lounge flooring I quote "Scratched, scuffed and stiletto heel mark in general" and also "Several scratches to laminate flooring, large scratch upon entry to bathroom where door had been catching". Both of these had "Charge Tenenant for Repair" written next to them. So we waited for the quote. After about 4 weeks it cam through. £1504 inc VAT for "replacement of 32sqm of 3 Strip Engineered Wooden Flooring @ £40 psm". Now this to me is a joke!
Firstly surely they have to lay down adequate wooden flooring to withstand heel marks? Otherwise it’s not fit for purpose. Secondly, we have lived in there a year, what about Fair wear and Tear? They cannot surely expect us to pay all of that cost?
They have said that they are holding are deposit as a result which was £1200 (£600 each) and asked us for comments on the invoices and quotes.
Would be really interested in some proper legal advice or any advice as to how I can fight these claims with them or which avenue's to go down.
Fair Wear and Tear - Holding of Deposit
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