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Yet another Deposit issues and false damage claims


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Hi guys,

 

first of all I would like to say what a great site this is. I can really see the quality of the help and advice that is given here and think it is nothing short of amazing!

 

 

25th July 2009

£750 Deposit paid for £750pcm rental property

Signed contract Assured Shorthold (12 Months)

 

25th August

Start of contract - move in to property

Property in complete mess, clutter, rubbish, paint everywhere. 3

Skip left outside the front of the property full of rubbish and stinking.

Days to clean and sort out property.

Broken window, broken oven door glass, unpainted, filthy carpets, sleeping bags all over the house with remnents of builders clothes, fag buts, cider cans and mouldy contents in fridge.

 

December 2009

Stinking Skip removed, finally after numerous requests.

 

28th June 2010

Notice served for move out date of 1st August

 

1st August

Moved out fully, left all clutter from my move in date where it was in the garage and house in case anything was important. Afterall it was not my stuff and I did not want to throw it away etc.

 

 

 

I have now received a letter from the court with a claim for over £5000 in damages from this landlord.

 

He has taken pictures of the house after I moved out, which contain only all of the clutter that was in place before I moved in to the property. I have photos and a video to prove the state when I first moved in. It certainly is in a better state upon moving out.

He has charged me with 3 X Padlocks, a mortice lock and a yale lock replacement (even though he had the keys returned and also had his own set) This comes to about £250.... Ironically, he has charged for a padlock that even I did not have a key to, and was for a garage type door that did not open along with another padlock for a shed - which there was not. I mean that literally, there was no shed.

He has also charged £160 for a skip, £250 for clearing the three rubbish bags that were left outside the property, one of which the foxes had got to, and £200 for loading up a skip with presumably all of the clutter that was left in the house / garage before I moved in. Again, I have this in pictures and there is less clutter upon moving out.

Other items include gloves, carpet etc etc etc etc. Completely ridiculous.

He also claims that a mouse that was found dead in the house, was my fault. Not the fact that there is a 1" gap underneath the front door because it is an 18th Century Cottage. This was his basis for replacing the carpet.

He has also not included two months rent from earlier in the year where I paid in cash. All other payments were made in time and were always up to date. Nothing was mentioned of this before - only now I have moved out which makes me think he is trying to hide those payments.

 

Either way, he has my deposit and has not taken that into consideration.

 

I have checked with all three agency's to see if the deposit has been registered, but it has not. I did mention this in the letter of notice dated 28th June 2010.

 

One last thing to mention is that I had to replace the oven glass door upon moving in, and did not get reembursed with the money. I also had to get a plumber to fit the washing machine and dispose of the old one. I also had to fix the roof on several occasions as he did not get anyone out to sort it out. He was working on the property next door with his son and damaged £390 of my disco lights, smashed all over the floor and said he would compensate... again he has / did not. Inclusing this lot, I am £540 out of pocket ontop of all the hassle of fixing HIS house and carrying out repairs.

The only thing I did not repair as I refused to due to non payment of the preceding repairs was a window that was smashed from day 1.

 

 

I have no idea where I stand or where to start, although I do know he is in breach of the contract for not registering the deposit. As for not fixing the house and reimbursing my expenses, I do not know how to approach this nor the fact that I have no receipts for the rent paid in cash. I do not have receipts for the money paid in BACS either, but I do have a record from my bank statements.

 

The court papers are waiting for me to fill out, and I will need to represent myself as I can not afford £2000 in solicitors fees. Hopefully there will be some great advice from you which will help me greatly.

 

Many thanks :-)

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I forgot a couple of bits of information.

 

The balance of the £5000 states it is due in rent not paid up till the 26th September 2010. I moved put on the 1st august as stated previously.

He has also sent letters to me stating he was ping to take possession of the property under his own notice which was dated about 6 weeks after mine. After I had moved out. The only way I knew about it was because I had redirection on the address.

 

Also, there was no inventory signed, infact there was no inventory at all.

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Have you spoken to Shelter yet?

 

Yes, however they said that because this was a previous address, and I am not threatened with eviction - they were unable to offer any advice.

Not really what I wanted to hear after 3 hours on hold to speak to someone. Oh well.

 

 

I think what I will do is to send off the Response form and ask for 28 days extension. (Registered Post?)

Then do a chronography of events.

Include pictures from my move in day and compare them to the move out pictures supplied by the landlord.

State that the deposit is not registered. (Main point)

Detail expenses that are still owed to me.

Include a copy of my notice to move out to the landlord.

Bring up the point that there was no inventory signed.

Address the facts about landlord negligence with regards to upkeep of the property.

 

 

Hopefully that should do it, who knows....

 

The only thing I need to work out now, is which form to fill out. Its looking like an N1, but again not sure.

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