Hello

I'll try to keep this simple but would appreciate some thoughts on the matter.

6 years ago I moved in to new property and the agreement was that I paid two months rent upfront half for the first month and the other half for the last month, so when I gave my motive to move out I did not need to pay for that month.

For 6 years we kept the house clean n tidy and never gave the landlord reason for concern. To the extent that he never renewed our tenancy agreement. .

So in September we told him we were moving out n that the last months (Octobers) rent was paid and we will be out of there by end of October.

We moved told him that e were leaving a bed and wardrobe which he welcomed.

2 days ago I receive a letter from an estate agent saying I owe £850 for November rent and tax, money for having to paint the house because children had scribbled writing on a couple of the walls, in 6 years he did not decorate/paint the house for us even though he said he would and for changing locks. All this because we left a couple of boxs and furthermore we didn't return the keys even tho he was on holiday in October and never told us when or where to leave the keys. Trying to charge for clearing out mess which is a lie

Really don't know how to approach it I spoke to him and said that I was upset and asked why is a third party getting evolved

Ignore the estate agent, you have nothing to do with them and they're not solicitors.

My thoughts exactly but I do fear "what if they take some sort of legal action". Is they're anything that says or proves I don't owe them anything??

And what if the landlord does get a solicitor involved?

How did you pay the first payments?

everything was always via standing order

And what if the landlord does get a solicitor involved?

Unlikely. It's prob the estate agent doing it. Landlords use them so they don't have to deal with any of this stuff

And what if the landlord does get a solicitor involved?

Then you respond.

If they take legal action now you can have the claim easily dismissed because the landlord has not follow the pre action protocol.

As far as you are concerned a stranger (estate agent) is asking you money for a non existent debt that you can prove with bank statements and original contract.

Ignore

estate agent cant take you to court as they have no standing in the matter, it is between you and landlord so ignore them and see if LL issues you a demand for anything. I would say probably not but try and calculate the payemnts made up to the date you left and see if there is a balance owed by paying your rent half way through a month

Thanks for the comments

Respond, stating that rent was paid in advance. It may be a misunderstanding as what your landlord is doing is a bit unusual.

With regard to the other claims, ask for evidence from the inventory and check-out, along with detailed estimates. They have the right to charge for damage (scribbles) but the cost should be proportionate to the damage.

Please could someone help. I am now being threatened that I will have CCJ against me!!!

he text me

I have been asked by the agent to contact you regarding the payment for the extended rental and damage as you have not responded to their calls or letters etc please could you contact them as a matter of urgency today as they will be proceeding with debt collection via the County Courts after close of business today

Regards .....

I text back;

we have had no dealings with prestige lettings The company has never managed the property whilst we were living there. You claim that we owe you 823.90 please can you give us proof that we owe you this amount ?

We left the property at the end of October and made you aware of our intention and gave you the required one month notice. Regards

---

then he text;

You were made aware that Prestige Lettings were my agents at least 2 months before you left the property,

You also did not give a months written notice due to you not knowing when the contracts on your new property were to be signed,

Also you withheld your last months rent and used your advance rent payment then still kept your property within the house , not returning the keys or giving me a exact day of leaving,

You then left the property untidy, decor damage by your children etc you were made fully aware of your obligations with written itemised costs for all damages, decor, waste removal and extended rental by the agents acting on my behalf, you called me and did say you would pay the account but asked if I would reduce the amount after informing you that I could not as this amount is what I was out of pocket you were to contact the agent to arrange a payment plan, you have completely ignored all attempts to settle this matter and have only today after my last attempt to speak with you this morning before a ccj was to be taken out which again you ignored you text me,

I did make it abundantly clear to you that my agent Prestige were my appointed legal representative just like a Solicitor would be so please deal with them it was your choice to ignore their letters etc, I am however at this time about to finalise the paperwork for them to proceed with the on line Summons but will postpone until tomorrow to give you one more final time to sort this matter out tonight

---

I sent him;

A complete inaccurate account of what happened.

Never the less I would appreciate if you would stop hassling me

Thanks

this is the last text he sent;

I am aware that the agent has just called you as I requested her to do as a matter of curtesy but now after receiving your text I respond as follows:

As you have totally ignored all efforts to resolve this matter these past 7/8 weeks we do not feel that by sending you the itemised account back in November 2015 and other letters regarding this issue it can by any means be construed as hassling you! The Country Court Summons will commence tomorrow if that is you wish? the amount you have been itemised in our invoice will be reduced by the council tax amount due to the Council Tax department having received the evidence presented to them by my agent accepting your legal responsibility to pay the tax until The end of November 2015 not October when you informed them you had vacated my property l am sorry you have taken this attitude as I have been a very good landlord to you over the past 6yrs having helped you through your unemployment period and keeping your rent the same since you moved in to help you. So I am very disappointed in your unreasonable actions when you decided to vacate my property,

I would urge you to reconsider your decision on this matter as it will only serve to add further expense to yourself and could leave you with a CCJ against your record as you were previously informed by my agent.

I know its a lot... but some wisdom would be appreciated

As always we do not know full story but LLs response seems reasonable if you did not provide clear unequivocal NTQ, did not leave property in orig move in condition (less FW&T) childish scribbles are not FW&T, left some of your property in situ after vacating, did not return keys on vacating (the last 2 would be enough for LL claim another months rent if a new rent period ensued IMO), a mini skip could cost LL ~£100 for removal of your rubbish.

You won't have a CCJ against you if you pay the Court within 28 days after Judgement.

It is claimed that you have been sent a detailed list of costs.

This enables you to deal with each cost on a case by case basis.

Clearly there is a disagreement as to whether you gave appropriate notice, and the landlord takes the view that you did not. Unfortunately, if you have no written evidence of giving notice you could be on difficult ground.

I'm wondering if there is a reason why the landlord got an agent involved. Is there some prior issue that may have led to him doing this, or is it merely coincidence.

The landlord is entitled to ask an agent to act for him.

Did you give your LL a one months notice to quit in writing, stating, I.E. Today's date is the 4th Jan & I'm giving you 1 months NTQ & will leave by 3rd Feb?

If yes do you still have it?

Did you leave by the date given in the NTQ? As if you left even 1 day after the given date then the LL can ask for another months rent. (Unless previously agreed by LL).

Did you leave the property in good condition & take any pictures to prove this? Reasonable fair wear & tear is allowed esp after 6 yrs but scribbling on walls should have been cleaned or painted over.

EDIT; Was an outgoing inventory done with yourself present? If yes did the LL/LA say anything during this regarding any issues?

It's also your responsibility to clear out any of your property & not leave any discarded items behind without the LL permission.

Personally depending on your answers (if you didn't do the correct NTQ, stayed beyond leaving date, items left & not FW&T) then you may struggle against the LL claims. As in Court you will have to disprove the LL claims with evidence to the contrary.

Lastly weigh up the costs of settling the LL invoice now against a (possible) 6yr CCJ & extra £x added on, esp if he presses ahead with Court claim.

I do hope you are able to settle this. Good luck!