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Tenants cause damage and take me to court


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I rented out my flat to a couple for 2 years who have damaged my wooden flooring by gouging the floors in about 6 seperate areas in the hallway, lounge and bedroom. They are trying to argue that they are not liable but cannot offer an explanation how the damage came about.

 

I offered to settle that they pay a reduced sum to cover the damage to finish things off but they have now issued proceedings against me. I'm not sure if I have grounds to ask the Court that they produce a fully pleaded POC or have the case struck out. I list below what they wrote on the claim form.

 

I have already sent in my defence which is broken down in point form and have made contact to see if they would like to discuss this matter to bring about a resolution. I am aware that they are pulling a fast one but will show all my attempts to the Court to show that I have tried to resolve this matter.

 

 

"After finalizing my tenancy on 31-08-08, Darren retained the full amount of desposit I provided in Aug 06 for the flat in XXX claiming there are 2 sctratches on wooden floor in hall leading to kitchen. He claims I caused them after 23-08-08 while moving out. Since I hadn'yt bought any heavy furniture in to the flat, I can only especulate the sctractes may have been done when 2 appliances were replaced by Darren during our tenancy. However, it is also likely the scratches were already there when I moved in. I am sure I havent caused any damage to the floor and I believe I am entitled to a full refund of the deposit."

 

I can prove that all my previous tenants did not have any monies deducted for damaged floors and wooden flooring specialist has advised that the floors cannot be repaired but would need to be replaced. The gouges are very deep and I have photographs showing that the tenants did have heavy furniture in my flat which i suspect caused the damage when they moved out.

 

Any help would be appreciated.

 

Cheers

 

Darren

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Forgot to mention that Tenants have issued proceedings against me in my name, using a company name that has nothing to with me and my address.

 

e.g.

 

Darren XXX

YYY Fashions LImited - This company name has nothing to do with me.

London

 

 

Have asked that they correct the Claim form and notify the Court but they refuse to respond.

 

Any help appreciated.

 

Cheers

 

Darren

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What does your check-in inventory and accompanying photographic record say/show about the condition of the woodflooring?

 

How much was the deposit and is it costing the full deposit amount to repair the floor? - have you sent your ex-tenants recipts showing the cost if the work?

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I've seen high heels of the rather pointy kind, rip tremedous holes in wooden flooring in minutes... particuly if that are worn by a fat chick!

 

Maybe this is one way of how the holes have appeared....

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Ha ha Stuzza, I do hope you are not being fattist, as i did eat one or two too many mince pies over Xmas, thank goodness i have carpets and not wooden floors x

Please note, my advice is only my opinion.

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:lol: Nah :D

 

Seriously though, we were at a friends house playing Wii last xmas and some women there had high heels on. Within an hour of bouncing around they had put some pencil sized gouges in his floor - ofc, it was dark and thats why it took an hour for us to notice.

 

Maybe they did something like this and don't know it?

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