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I have received a letter where my previous landlord is making a claim against me for a property that I moved out on the 25th of Sept2016.

 

The said property was a temp accommodation through the council so he had put the claim in to the council but I want to appeal this as when I moved out I offered to repaint the flat but he said that he was remodelling the whole flat that I didn't need to paint it so I did not have it done but I did hire a cleaner to make sure that it was clean when upon moving.

 

The landlord did do a walk-around with my son upon our vacating the property and he said it was all okey. The landlord even brought me the cupboards out of the flat to my new home as I needed some in the kitchen.

 

I have been by the old flat to see the new construction and he has totally redone the place... knocked out walls, resized the stairwell, made the two bedroom into one and put in a larger bathroom ...

 

now my problem is that he has claimed against me for re-dec in both bedrooms, lounge and hall, stairs and landing due to heavy marks in the amount of £384.00 (I was in the property for 3 years)

 

also, for the replacement of the carpet in all the rooms listed above too due to heavy marks it says (there was a previous tenant of two years before me and my move in sheet says small marks on carpet several spots) £996.00

 

What I am wanting to know does he have to show pictures of this damage or will the court go by his word? as I know that it isn't true but I did not take pics thinking that he was satisfied with the property.

 

I am going to appeal the claim but I am wondering if anyone could tell me if I had a chance of winning this as I am disabled and this letter has upset me and I don't have 1380 to pay to the council as they are the ones trying to collect the payment now since it was a temp accommodation through them.

 

The flat, as I said, has been totally remodelled and I don't feel that I should have to pay for his remodelling of the flat since I did offer to paint it before moving and he was fine with how I left it.

Edited by Sweduk

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Its a bit late in the day for him to be making any claims - he should have done that much sooner - dispute his claim - get him to provide proof - he'll need photos - he'll also need reciepts for the individual work done -The tenant has a duty of care to return the property at the end of the tenancy in the same condition, Fair Wear and Tear excepted, as that recorded on the Inventory at the start of the Tenancy. You will need to send proof of yuor receipt for cleaning carried out. He will also need to provide any proff of cleaning carried out prior to you moving in.

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It is not the LL claiming the money, but the Council, who have accepted LLs estimates and paid.

2 bedrooms, lounge, hall, stairs & landing would cost way more than £380 at prof rates and personally I would not allow any T to repaint.

Challenge the claim by all means, but not sure on what basis. Maybe Court will apply same rules as DPS ADR and reduce their claim accordingly?

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Why would the council accept and pay any claims without looking at the property or asking for pictures of the damage before paying for it? I am requesting proof of the damage as I phoned CAB and got a consultation over the phone since I am disabled and they said for me to dispute the claim and file an appeal. CAB will be helping me by reading over the letter I write for the appeal.

 

Thanks for the replies on here too

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Good grief, I cannot believe the Council took the LL word & paid out without first speaking to you & secondly actually checking & verifying what the LL claimed!!

 

I would do as your doing, dispute the LL claims & get everything in writing. Do ask the Council why they settled the LL claim without asking you.

 

Also bring up that there was an outgoing walkthrough inspection done with your son & the LL & how he accepted at that time the flat was okay.

 

Me personally I feel the LL is trying to recoup the money he has spent redoing the flat up. As this was his choice after you left, he should pay for it out of his own pocket & not look to you to do so!!.

 

Let us know how you get on.

 

Good luck!!


I don't suffer from insanity, I enjoy every single minute of it!!

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