Moving out

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    Moving out

    Rented a 4 bedroom property for a year. Landlord was/ is not registered, did not provide a EPC, Gas certificate, protect deposit, or supply an inventory.

    I took photographs of the house when we moved in. The build finish of the new build David Wilson house was not good. The Landlord who is employed with stewartmilne.com , ( there's also Stewart Milne houses next to the David Wilson homes ) has now emailed us stating that the professionally cleaned carpets were not satisfactory and he's getting them measured to replace, and wants to discuss/agree how much we should pay for two bedrooms/hallway/livingroom.

    Landlord did an inspection March and one last week, and was in the property the day of the carpet cleaning. Took some more photgraphs. We did a walk around, I pointed out small flaws I thought may concern him, he responded saying it was fine. We agreed on the final meter readings and I returned his keys.

    I'm not sure what to do. Waiting on OH coming home to see what he has to say.

    The March inspection, we offered to replace the one bedroom we felt may possibly need replacing. He insisted that he wasn't concerned and agreed that if the marks were still left after the cleaning could be easily rectified with a razor, or a piece of furniture would cover it. Now we've got this big email, listing fabricated and invented repairs I have no idea about, along with the matters I discussed with him prior.

    #2
    Without an inventory, LL will struggle to claim anything from your deposit and if he has not protected it, you can sue him for its return in full plus three times the value of the deposit, assuming certain conditions:
    • is this an AST in England/Wales? (LLs do not have to be registered, except for some HMOs)
    • is the rate of rent below £25 k per year?


    If so, I suggest you send him a stiffly worded Letter Before Action demanding the return of your deposit in full and advising that unless he complies with your request, you will have no option but to sue him for it and for 3x its value.

    Was there no gas safety check done at any point in the year?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      This letter may help if you are in England/Wales
      http://www.consumeractiongroup.co.uk...ml#post2576374

      Comment


        #4
        I gather from previous posts that OP is in Scotland.

        Comment


          #5
          Sorry in the stress of reading his email. I've realised, Scotland's deposits legally don't have to be protected. I have two tenants and protected their deposits, and sometimes forget I wasn't oblidged to.

          The deposit is not an issue. In my inital anger of the situation, I was more adding to the points of landlords lack of duties. ( which actually wasn't a duty )

          Anyways. My dilema is - initially, back in March on the first inspection, we were prepared to replace the one bedroom we thought may need replacing if the cleaners couldn't remove marks. He insisted it was fine.

          I feel terrible about the marks, ( palm size ) but after being hit with the email he just sent, i'm fuming that this man is trying to con us, inventing repairs, and down right lying, trying to get us to pay for something after we've left.

          I've got a good mind to forward his email and my reply to the LA, and the tax office.

          I've tried to upload the pictures to give you an idea of the carpets, but it keeps failing to upload.

          Comment


            #6
            As a very general rule, because don't know scottish law, if you took the matter to court the court would look at awarding the landlord the difference between the value of a normal carpet of that age and the value of the carpet with the damage (which may or may not be zero). As it is a new build, the carpet would be only a year old. An inventory would not be required, as the carpet invoice will prove it's condition. Presuming it is standard carpet, which would cost £10-12 psm (inc fitting etc), then I would expect your liability to be around 4/5ths of that.

            With regard to other damages, the landlord would be expected to prove his losses in court. If the damages are fictional, then he won't be able to do that.

            I repeat that this is very general advice, based on the way English courts work. I am sure the principles are similar in Scotland.

            Comment


              #7
              Hi Snorkerz, thanks all you replying, and giving me your input.

              I have just checked the land registry, and he and his ex partner are listed as Jan 07.

              I'm still registered with the doctors at my previous postcode and was over this morning. I stopped in at the house, rang the bell and asked the women who came to the door with her toddlers if I could speak to the Landlord.

              I could see pictures up on the wall ( we never put any up ) , the house is furnished and lived in, moreso than when we lived there, within a week of us moving out.

              He's mentioned holes in walls etc. Doing the garden, the list goes pathetically on and on. It's infuriating that people can get away with these kind of lies and manipulation. I do everything by the book. Here's hoping, if he continues or attempts to take it further, my doing things by the book will do me in good stead, along with my pictures dated before and after we moved in/out.

              Comment

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