MCOL against me

[royw]

So my delightful tenant (who convinced me a tenant find service is a really stupid idea) moved out several months ago and has just raised an MCOL against me. Amongst other things he's claiming for the cost of artificial grass he laid without permission. Is there a defence that this is a 'fixture and fitting'?

[theartfullodger]

Defend the case with MCoL with the evidence you have of never agreeing, inventory, photos etc etc. Why do you think it is a fixture & fitting & why did he not take it with him??

He's at liberty to bring a case: You are at liberty to defend.

This might be of use...
https://www.citizensadvice.org.uk/la...laims-hearing/

[Neelix]

The first step is for the claimant to state the facts as they see them

you then present your “side” and then I goes on

how much are they claiming ?

[Berlingogirl]

I would have thought it's a fixture and fitting because it's been fitted and fixed. I wonder why he just didn't take it with him.
As it's been several months and he hasn't made arrangements to have it removed or to collect it, I would have assumed he didn't want it.

[royw]

He doesn't want it, he just wants money. He's already tried to claim for unprotected deposit through a NWNF solicitor without success. Just thanking my lucky stars he moved out voluntarily, I suspect I'd be out thousands in rent arrears if he'd stayed. Hopefully it will be thrown out because of the elapsed time but I wasn't sure if this was an additional defence.

[Berlingogirl]

He doesn't want it, he just wants money. He's already tried to claim for unprotected deposit through a NWNF solicitor without success. Just thanking my lucky stars he moved out voluntarily, I suspect I'd be out thousands in rent arrears if he'd stayed. Hopefully it will be thrown out because of the elapsed time but I wasn't sure if this was an additional defence.

I very much doubt his claim will be successful! It's unreasonable to leave your stuff, refuse to collect it and then expect to be paid for it! What a cheek.

[jpkeates]

If someone leaves something behind when they move out, the landlord becomes responsible for making reasonable efforts to return it to the tenant.
As long as you can show you have made efforts to return the tenant's items, there's no possible claim.

If you still have the items, simply offer to allow the tenant to collect them.

[Section20z]

Counterclaim for the cost of disposal, even if it's just £50

[royw]

If I counter claim it costs, I think £35 so not worth it. I gave the washing machine to the new tenant so I could ask for it back but would prefer not to involve her. If I give him back his artificial grass someone will have to reinstate the gravel he moved to the front garden, it can be done but it's a pain. I can't prove I offered them back as this was a conversation. I have texts arranging collection of his post but no mention of property. I'm going to sign up for mediation so could offer them back then. It also asks if I want to attend the hearing. Not much as it's an hour away but it there an advantage to going?

[jpkeates]

If you've given the tenant's property away, you owe them compensation.
You're not allowed to do that without their permission.

Your conversation is evidence, but it's not guaranteed that they judge will believe you over whatever the tenant asserts (although it's not easy to lie in front of a judge).

If you don't attend the court session and the tenant does, you'll lose - simple as that.

[royw]

This was a cheap one to start with, 8 years old and rusty. It saved me a trip to the tip which is where it would have gone if she didn't want it. If it was mine I'd have been embarrased to ask for money for it. Though apparently to him it still has the same value as it did when he bought it, he's claiming the purchase price.
Thanks for that though, I'll say I want to attend. Is there a legal distinction between giving away and taking to the tip then?

[jpkeates]

Is there a legal distinction between giving away and taking to the tip then?

Not really - there would be a difference if you made money from it in some way.

I'd say an 8 year old washing machine is essentially worthless.

If the tenant installed artificial grass without your agreement and left it when they moved out and can have it back, they don't really have a claim for that either.
It's hard to be sure that it's a fitting, but I don't think it is.

And if they have a right to remove it, you have a right to a counter claim for the loss to the value of the property that will be caused by its removal. If the existence of the grass means that you're happy for the gravel to have been moved, you will no longer be happy in the absence of the grass, and would require compensation for the mess left behind, which will be way beyond fair wear and tear.

[flyingfreehold]

Hopefully the court will dismiss some of the foolish claims submitted. We have one against us which is largely time-barred but the claimant is adamant the matter must go to court!