Extra month's rent

[Daphne_sam]

Hi!

 

This is my first post, so I hope people will bear with me.

 

I was a tenant for 3 and a half years until September 2006. To cut a long story short, my ex-landlady is now suing me for £4.3k alleged 'damages' to the property. She has also witheld £800 damage deposit. The case has now come to the Small Claims Court and I am preparing my witness statement. Most of the claims are, in my opinion, ludicrous. However, I need some help with a legal issue.

 

One of the amounts the landlady is claiming is an extra month's rent...£800...because she claims it took that long for the house to be in a fit condition for viewings. I gave the requisite month's notice in writing, although the landlady had known for some month's that I was intending to leave. There was work which needed doing, such as redecorating, laying new carpets, replacing a kitchen worktop and some remedial work to the house such as repairing guttering, replacing the toilet cistern, etc. The house was also repainted externally. She had wanted me to have the house redecorated and and to replace the carpets at my own expense before I left. I refused.

 

My question is...is there any case law or other information about her entitlement to charge me an extra month's rent?

 

Would be grateful for any help, as I'm totally wound up about the hearing.

 

Daph

[MrShed]

The landlady is basically entitled to her financial loss DUE TO YOUR DAMAGES. If your damages prevented the property from being re-let for a month, then yes she would become entitled to this. Therefore the question really will fall back to the same question of whether the damages are over and above fair wear and tear.

[Daphne_sam]

Thanks for your reply. The 'DAMAGES' were fair wear and tear...although this is in dispute! Basically, it was redecorating and replacement of two carpets. There was no actual damage, but the paintwork looked tired. The carpets and decorations weren't new at the beginning of my three and a half year tenancy, which the landlady knew was a family let. I had already replaced two carpets at my own expense, because I did accept responsibility for the damage. She had know for months that I was leaving and I was quite willing for her to arrange decorators/carpet layers while I was still in situ. The dispute started because I refused to pay the full cost and she refused to negotiate a settlement which took fair wear and tear into account.

 

Daph

 

PS. I was actually an exemplary tenant.

[Ed999]

PS. I was actually an exemplary tenant.

 

Of course you were!

 

Read this thread: http://www.consumeractiongroup.co.uk/forum/landlords-tenants/117572-unfair-deposit-deductions.html

 

 

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