Urgent help needed

[claire78]

I know I have probably dug a hole for myself slightly, but please help me dig my way out!

 

I gave notice on a shorthold tenancy and an end date was agreed. We moved out, but because the landlord had been quite difficult on occasion I witheld the last months rent.

 

The landlord attended the property about 2 weeks before the end of the tenancy and agreed that as long as the house was cleared of my possessions when we left and the carpets were cleaned they were happy with the state of the property.

 

We arranged that as they would be away when the tenancy ended, we would call them with details of the carpet cleaning company, and they would let them into the property.

 

They have now replaced the carpet and sent me a bill for £300, it was rubbish carpet, but they are claiming it is beyond cleaning (which I don't think is true). They claim that it was new when I moved in, I have been there for 21 months

 

What can I do?

[tiglet]

Was an inventory taken at the beginning of the tenancy?

 

Ask Landlord to see receipts and the three quotes which he should have taken before the work was done.

[claire78]

Nope, no inventory, just an invoice for the new carpet, not anything from a carpet cleaners saying it was beyond cleaning

[tiglet]

Then I would send a letter refuting hsi allegations and asking for the inventory, receipt for the carpet prior to you moving in, receipt for the carpet that has just been bought and the three quotes he had taken to show this was a competitive price.

 

Basically, all he can do is take you to court which wouldmean you would have to defend the action, but he would have to provide evidence to the court. Do you by any chance have any recent photos which would show the state of the carpet?

[claire78]

Thanks Tiglet

 

I don't think I have any recent photos of the carpet, but it really wasn't that bad. When the carpets were cleaned a year ago after a fire they were in a worse state than they are now and came up perfectly.

 

When I moved in I had to have the carpets fumigated for fleas, which the landlord paid for.

 

Although the final months rent wasn't paid and they seemed ok with this, they are now threatening to take me to court for breach of contract as well as the carpet, could they do this?

[tiglet]

To be honest, I'm not sure about the breach of contract.

 

However, it would be up to the landlord to prove the problem, not you.

 

Plus, if you had to get the carpet fumigated, I can't see that it could have been that new.

 

Do you still have your contract?

[claire78]

yes, have got all the tenancies

[tiglet]

OK.

 

Ask in your letter which part of your contract they deem you to have broken as you have made a verbal agreement about the last month's rent.

 

I think that should be OK, but it's not really my area, if you see what i mean, so hopefully a legal bod who knows about tenancy law will pop along and give some more advice.

[Joa]

This thread may be of help: http://www.consumeractiongroup.co.uk/forum/landlords-tenants/117572-unfair-deposit-deductions.html#post1188882

[Ed999]

The landlord might sue for arrears of rent, if you have not paid the rent in full up to the date of the termination.

 

You don't say why failed to pay the rent. Why? By not paying you are exposing yourself to a lawsuit by the landlord for the rent arrears, a claim which you will seemingly have no defence to.

 

That's an open invitation to him to sue you, give that he wants £300 for the carpet, too.

 

You could try to negotiate a payment, to be made "in full and final settlement of all the landlord's claims against the tenant arising under the tenancy agreement", agreeing it in writing, and using those exact words. Try offering the amount of the arrears.

 

 

 

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