Problem Landlord threatening to take me to court!?

[scotto87]

Hi, i've just moved out of a rented property.

 

To cut a long story shot we have had a very hard 2 years with both the estate agents and the landlord. I was without heating for 8 months and even when we did have it all the heat was gone by 3pm and so we were freezing in the evening (we had storage heaters and there was no gas in the property).

 

The house was riddled with damp and we would have to clean the mould on a regular basis. We couldn't have a bath as the water tank in the loft didn't hold enough water, luckily we had a shower though!.

 

There are a million other things that went wrong with the property and the the estate agent nor the landlord sorted things out, it used to take months to get anything done (including when the cooker hob went off and I couldn't cook on it, this took them around 2.5 months to sort it out).

 

Upon giving our last months notice I knew the landlord would be awkward so I said they could take the bond as the last months rent. The landlord agreed to this and everything was fine. Nobody came out to the property to inspect it, not the landlord or the estate agents.

 

We have never ever had a rent book and our tenancy ended on the 23rd of Jan 2012, we wanted to stop in the property as we were buying our own in over the next few months so we didn't see the point in moving twice. (I wish we had now!) I asked the landlord to get another month by month contract signed up but he didn't bother himself to do so.

 

We handed the keys back a week gone wednesday and then I received an abusive phone call from the landlords wife on monday, then they went around to my parents house on the wednesday and harrassed them claiming its costing £600 to clean the house. After I found out that they had been around my parents house I rang the landlord up and told him not to go back there again. He then went on to tell me how he has already got the carpets cleaned, the garden sorted and other bits and bobs. I did forget to clean the oven which I then offered to do and remove some rubbish I forgot to take away. He agreed and said he would ring me back later on that day. He never rang me so I rang him around 5pm. The landlord then went on to tell me he has already got a company out to clean the oven so I couldn't do it. But he still wanted the rubbish removing, I went around that night and removed the rubbish (there wasn't much!).

 

Nothing was said / heard from him until Thursday when he rang demanding the money for the cleaning of the house. Made threats down the phone stating he was going to send 'someone' round to my parents house to get my address from them, or he was going to follow my partner home from work etc.

 

The landlord said the tenancy agreement runs onto a month by month contract after the tenancy end date. However this doesn't state that anywhere in the agreement and we never once had any rent book from either the estate agent or the landlord.

 

I've had nothing but bother from day one with the Estate Agents, i've got letters and photographic evidence of the house we were staying in, nothing ever got done, the landlord took the property off the estate agents half way through the tenancy and then they were just as bad at getting things done. I had put a fence and a gate up (which I left), I also had got blinds up at the windows which I told him he could have when I said that they can take the bond as the last months rent. Which again he did agree to and as far as I'm aware he took it. Nobody came to inspect the property at all before we left, it wasn't until a few days later when the phone calls started.

 

Now he claims hes going to take me to court if I don't pay up.

 

Thanks in advance!

 

Regards

Scott

[padja]

well I would go to the police as he has made threats to you and to your parents, Also if he takes you to court you have the chance to defend it and counter claim for stress, and poor conditions you suffered. but I would definitely go to the police about the threats.

[scotto87]

Hey,

 

I've already contacted them regarding the situation, they state that nothing can be done unless something is actually done or they act on their threats.

 

 

Theres literally so much stuff we have as evidence for the state we were living in, they didn't care about the place while we were there but they do care once we have left!

[Steve__M]

Assuming you originally had an assured shorthold tenancy where rent was paid on 23rd of the month, after the fixed term ended you would have had what is known as a "statutory periodic tenancy". The terms in the original contract still hold except that to end the tenancy you have to give one rental month's notice (ie. the tenancy has to end the day before the rent is due for a given month), or LL has to give you two months' notice.

 

If he wants to claim for damages/cleaning he would likely need a checkin/checkout inventory to provide evidence.

 

If there was a deposit, was the deposit protected in one of the three official tenancy deposit protection schemes?

[raydetinu]

Sounds like the LL is a bitof thug, anyway if threats and harrasement continue you can report hin for that and the Police should have a word with him.

Witout an inventory on condition etc it will difficult to sue you for reparation, however some claim can be made if they have record photos of poor condition.

You can also counter sue for the lack of heating and other defects and their lack of response to putting right.

So in the end may be to your advantage if he does.

[scotto87]

As far as I was aware he isn't.

 

I'm just concerned it will cost me a lot more money in court. I have a good feeling we would win but its the hassle of everything.

 

Our original bond was £525. Yes I agree that I shouldn't of said use it as the last months rent, apparently that can't happen. However the LL agreed to this and as far as i'm aware the Estate Agents accepted that and gave the LL the money.

 

I've now received quotes / receipts (only 3 of them have actually got 'PAID' on) stating he wants £152 for carpet cleaning, £90 for oven and extractor cleaning, £85 for general cleaning, £620 for painting and decorating, £126 for gardening, £90 for replace of a bit of carpet.

 

I was never allowed to correct any of the problems myself, he just went ahead and done them without contacting me to organise it. The house did not need redecorating or cleaning in such a way they state it does, nor did the garden, the turf was put down in 2010 by a cowboy gardener and the turf was dead when it laid. The carpet he replaced, there was a tonne of it in the garage and under the stairs would could of been used.

 

Nobody inspected the property before I left and it wasn't until a few days after I'd left when I get phone calls stating its costing this much and its getting done regardless.

 

Surely (disregarding all the crap we have had to put up with over the last 2 and a bit years) he wouldn't have any rights to sue for this? I just don't know my options on moving forward with this?

[The Carpet Cleaners]

was there an inventory done when you moved in?

 

have you got photo's of the state of the property when you moved out?

[scotto87]

I have photos of all the problems and I also took photos of the house when we left.

 

There was an inventory done by the estate agent (allbeit an incorrect one!) when we moved in, nobody came to inspect the property and do an inventory before we left. It wasn't untill a few days later when they went around to the house.

[Steve__M]

For any valid claim for things like decorating or recarpeting, the LL would have to deduct a proportion according to how long it is normally required between decorating. eg. after 2 years of your tenancy LL may only be able to claim 1/3 of the cost of redecorating.

 

If you say there was significant damp then you might be entitled to argue that this was a significant cause of the redecoration etc.

 

Once you have moved out there is no right for you to rectify problems yourself.

 

The way to move forward is probably to put everything in writing and refuse point blank to speak on the phone. You can pay up, negotiate, refuse completely to pay anything or some combination of the three.

[scotto87]

I've spoken to the decorator who quoted them and he has assued me the work hasn't been carried out.

 

So basically the LL has got the quote, then got his mate to do any work (if any!)

 

Surely the LL or estate agents should of inspected the property before we moved out, then got a list of what things need to be done and worked out what was going to be done by whom etc?

 

Its not my fault the LL didn't come round and say 'I want this and that doing'. He just went ahead and done it.

[The Carpet Cleaners]

once you have moved out, the standard of the property is then "as is"

 

If you are satisfied that it was left in good clean order, then refuse to pay anything. The LL is entitled to claim for whatever he feels is needed to get the property up to a re-lettable standard deducting fair wear and tear, as Steve_M said. He does not in fact have to get the work done. Just agree on a fair price for the state of the property. If you and LL cannot agree, then court is the only way. It takes 1/2 day and then everything will be sorted, though not always to everyones satisfaction.

As Steve_M says though .... the choice is yours.

[scotto87]

Just agree on a fair price for the state of the property. If you and LL cannot agree, then court is the only way.

 

We didn't agree on anything, he just went ahead and did the work regardless.

[raydetinu]

Thats the LL perogative, the only question is, is it valid and are you liable.

If you cannot agree then the court will decide.