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pitofdespair

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  1. Ha, yes, that'd make up for the lack of underlay to start with! I guess starting to sue him would at least encourage him to settle out of court
  2. Thanks, TCC. I am very happy to go to TDS dispute service - it's the landlord who isn't. If I won't get a CCJ if I pay what the court decides straightaway, which I would - out of the deposit as I am sure it will be less than teh deposit - then I'm not so worried.
  3. Thanks. I would absolutely pay what the court decided. I feel very bad about not being able to leave the place immaculate but I have a feeling the landlord is using that to try to claim a whole lot more than could be deemed fair wear and tear after 12 years, and I'd like an independent person - be it an adjudicator for TDS or the court - to decide whether that's fair rather than taking the agent's say so - I just don't want to risk ruining my credit in the attempt to get a fair ruling
  4. I moved out this month following a 12 year tenancy. I ended the tenancy (which had become a rolling tenancy) giving the requisite 1 rental period in notice. For a number of reasons such as health and bereavement that are not material, I was unable to get the property fully cleaned and returned in the state it was when I moved in. I fully expect to hve some costs taken from the £1000 deposit in respect of cleaning and disposing of the few things I did not have time to dispose of before moving out (I had several skips, but turnaround time meant there were a couple of old cupboards left - all spare time was spent taking things to storage so there wasn't time to dump these). My landlord says that the carpets are soiled beyond use and that there is blutac on the walls, and is threatening to take me to court for more than the amount of the deposit to have the carpet replaced and the house repainted. My question is not so much about the rights and wrongs of the case. It is this. I have made the landlord what I believe to be a very generous offer of £900 to cover a full professional clean and waste disposal. I believe that if the case went to adjudication or to court, he would be awarded a lower amount - the carpet was of a low quality and after 12 years I cannot find any guidelines that say it would be anything other than expected to be replaced - likewise the painting. Nonetheless, he refuses to go to adjudication (the deposit is protected under TDS) because he wants to pursue me for more than the deposit amount. Finally, the question is this: would the court take my offer into account when deciding whether to issue a judgement against me? If he goes to court and the court decides to award him less than the amount I have offered, would I still have a CCJ against my name, even thouh I am not contesting that amount? Or would I only be subject to a CCJ if he is awarded a higher amount? I can't seem to find any advice on this anywhere online. The letting agent has strongly advised me to settle for a higher amount out of court to avoid a CCJ - whether this is professional or not of them is another matter but I feel under pressure to pay more than I can afford or should have to pay. Thank you in advance
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