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Help!! Landlord is demanding £1069.00 for property I moved out of 10 month ago

Started by fallenangel2012, October 28, 2012, 02:14:03 PM

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fallenangel2012

Hi,  PLease could someone help/advise.  I moved out of my old property after less than 6 months due to the property being cold, full of damp and mould.  I moved 23rd December 2011 to be exact.  I received all my deposit back from letting agency except for about £100 as they were using it for deep cleaning the carpets which they do with everyone they told me.  Everything was signed off and fine.  Yesterday I received a nasty letter direct from my landlord demanding £1069.00 within 12 days as he had new carpets put into this property in August 2012 (8 months after I moved out) because he said it smelt of dogs.  I have one dog who is 4 years old and she never gets left on her own she is always with me.  Am i liable for this money or not as i dont believe I am.  Especially as my deposit was returned and its now been 10 months!  Please help I am so worried.  This landlord is nuts, he also tried to evict me from my current home when I was 36 weeks pregnant for asking if i could put a child safety lock on my daughters bedroom window!  The letting agency went made about this and said he wasnt a very nice person.  Please help. :-( x

Gail262



Armin

How old was the carpet at the time you moved in? You see, those things have a natural depreciation and have to replaced every so often anyway. So for example if the carpet was 10 years old but in wonderful condition when you moved in, then she has no claim against you for the carpet.

If the carpet however was brand new by the time you moved in and it was completely trashed by the time you moved out, then you'd be liable for the amount if had not naturally depreciated. So let's say a carpet depreciates fully in 5 years (the actual number depends on the quality and the life extectancy of the carpet at the time it was purchased). You stayed in 2 years, so she can hold you responsible for 60% of the costs for a new carpet. IF, and that's a big if, she has evidence of the condition of the carpet BEFORE and AFTER your tenancy.

I am not a solicitor and I am not giving legal advice, but from what I read she has no claim against you which would hold up in court so if I were you, I wouldn't pay and instead google for terms like "fair wear tear depreciation uk" and send her a few links you'd consider informative for her.

Hope that helps,

-Armin

Gail262

Armin's right, but you shouldn't of had to live in those conditions anyway especially with a child as mouldy and damp can cause breathing problems like asthma and other mould that causes spores (not all types are deadly) but can make you seriously ill. Try and see citizens advice about the conditions and especially the carpets. Best of luck

fallenangel2012

He has been emailing threats to me all day. I only lived there less than 6 months due to the mould etc as my daughter is already asthmatic. I can't take this anymore.  :'(

Gail262

i have just private messaged you, i am obsessed with law but i can only advise

Gail262

Quote from: Gail262 on October 29, 2012, 11:25:43 PM
i have just private messaged you, i am obsessed with law but i can only advise

He has no right treating you like this and making you feel down, He can only lawfully get the money from a claims court or an agreement with yourself. This is harassment phone the police, varying on the threats and as you have a child the police cannot just leave this situation and has to give you and your family protection if the messages are deemed violent and threatening.

Jeremy

Hello fallenangel2012,

I've deleted the duplicate entry you've left on the Tenant board.

Am I right to assume you're with the same landlord in a new property?

The old tenancy terminated when you moved out.  The deposit issue was setled full and final.  There is no come-back for him now.

Write back to his letter saying the matter is outside the terms of your previous tenancy contract and you will not be entertaining its payment.

For the moment rise above the threatening mails (I know it's difficult, but it will put you in a stronger posiiton later).  Just keep it short and factual.

And take your first opportunity to move out to a property not owned by this odoius person.

fallenangel2012