Really urgent! Please help

[MYST]

Hello guys,

 

A friend of mine who was at Uni last year rented a house with a few other people. As it turns out, when she signed the contract, the guy didn't ask her or anyone for any sort of deposit. Now she has moved out and about 3 months after, he calls her and says she needs to pay like 500 quid to fix somthing that she apparently didn't do.

 

Is she protected by the law here as she wasn't asked for a deposit?

[MrShed]

No, a deposit is only a safety net, the landlord can still claim damages if they are legitimate - only difference is he has no deposit to deduct them from.

 

What type of damages are we talking? Was a full inventory completed and signed at commencement of tenancy?

[MYST]

Right ok.

 

The only damages she was liable for was they painted 2 walls and were not told they needed to be painted back when they left. The guy then billed them for 260 quid for re painting then because she was on holiday and didn't respond, he upped it to 500 for not replying.

 

They also were charged for cleaning the garden (which was a state before they moved in to the point they never used it) and taking stuff to the dump. They also charged for having the fridge and oven cleaned. When they moved out they had cleaned the house to the same state when they moved in basically. So cleaning charges are bull.

 

And no they didn't sign any inventory when they moved in.

[MrShed]

His basis for upping from £260 to £500? Cant wait to hear this.

 

The charges are wholly unfounded. I would write back to him a very short but polite letter, stating that you (your friend obviously) feel that the claimes are unfounded, and that you will not enter into further discussion - if the landlord feels the requirement to sue, that is his right, but any claim will be defended.

[MYST]

Allegedly it was upped because he had to wait for too long.

 

She's comming round tonight so i can help her write a letter to him. She received a letter from a court, not a summons, just basically asking her to pay the money or state a reason why she won't. Is it best to fill that in than to write a letter?

[MrShed]

Well, hes going to get absolutely ripped to shreds for feeling that he is justified in doubling any charge (justifyable or not) for that reason.

 

Seems like a strange letter to receive...

[Aviva]

I've never heard of a letter being sent from a Court asking for money to be paid where there is no Court order. Your friend may want to speak to the Court involved. It wouldn't surprise me if the landlord has sent that himself.

 

So landlord never took a deposit, didn't do a proper inventory, has taken 3 months to contact your friend about the alleged work needed and is trying to double the cost because he didn't get a prompt enough response for his liking - I'd love to see the Judge's face.

[MYST]

Yeah thats what i thought. But she spoke to citizens advice and apparently its a legit letter. I just wanted to make sure that if we wrote this letter or filled the form saying there's no chance he's getting money we'd be in the right.

 

He's probs just a really dodgy guy who trys to [problem] students with this every year.

[MrShed]

Could you scan and post up the letter, having scrubbed personal details?

[MYST]

Yeah i will do. She'll be here in about an hour or so, so i'll stick it up then

[Planner]

I've never heard of a letter being sent from a Court asking for money to be paid where there is no Court order. Your friend may want to speak to the Court involved. It wouldn't surprise me if the landlord has sent that himself.

 

I too have never heard of such a thing. How could a court possibly issue such a letter with no 'due process' or judgement, only knowing 1/2 the story? Does that mean I could go to my local court and ask them to send a letter to MrShed for £500 for 'services rendered'? . Is this not actually a solicitors letter? Please do post as you have suggested.

 

 

For background, was the house in England/Wales and did she sign her own contract or did they all sign one together saying they would each be jointly and severally liable for rent/delapidations?

[MrShed]

Does that mean I could go to my local court and ask them to send a letter to MrShed for £500 for 'services rendered'? .

 

Mate, I already paid you for that!

 

Wasnt worth £500 though.

 

[Aviva]

Services rendered - I'm afraid to ask.

 

Myst - the advice from CAB seems to be somewhat variable. I have seen posts on here and other forums where the advice given has been wrong.