landlords leaving me dangling

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    landlords leaving me dangling

    hello again, hoping you can help me with this question, i am very pleased i found this site.

    i left my property in dec, gave four weeks notice as and paid the rent up to mid jan as required.

    landlord did an inspection of the unfurnished property after i moved out, and although i was present he didn't let me see what he was writing down or get me to sign anything. he also took back the keys although the place was still officially mine for another 2 weeks.

    there never was an inventory of any nature, i paid no deposit, and the place was always run down and tatty. apart from a bt of cleaning everything else was just wear and tear, i was there for over 6 years.

    he tried to say i was responsible for certain things that were exactly as they were when i moved in, eg damaged woodwork and ceilings etc, grotty old fittings that weren't mine and were always horribly scruffy etc. i pointed all this out and he had to agree each time, however, as i said, i didn't sign anything.

    he asked me to move some stuff from the place which i did, but there were still some bits there which he said not to worry about, but now i am.

    he is now completely doing the place up, new bathroom the lot, according to my old neighbour. i know the ex landlord and landlady are furious with me because they were served a notice by EH for continuos failure to repair gas appliances carry out safety checks, and want a pound of flesh. they had put the rent up by 100 a month after this, so i left as i could find a better place for the same,( and didn't want to stay where i wasn't welcome).

    my question is, what can he 'charge' me for, and how long can he make me wait before billing me? it's been over a month since his inspection, and they still haven't sent me any bill for delapidations. i think they are seeing what they can run up in costs for refurbishment and whack them out of me. he took lots of photos while he was there, and if he does the place up to look like a palace, might he be able to say he was putting it 'right' which isn't true, but how can i prove anything? I am still waiting on him to send me a bill for an alleged underpayment of housing benefit too, another thing they never mentioned while i was their tenant.

    #2
    If he has no dual-signed inventory, he cannot prove the initial condition of the property, and so cannot charge you. I wouldnt worry. Does he have your forwarding address?
    Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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      #3
      yes he does have my new address, mr shed. although there's no inventory there's a clause in the agreement that says( in legal jargon) that if in his opinion the deposit isn't enough, (and i didn't even pay one!) , he can charge what he likes on top for any extra costs incurred by the tenant.

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        #4
        another unfair term! That will not wash in court if he does try to sue you and a LL is only allowed to repair damaged items he is not entitled to betterment!
        GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

        Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

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          #5
          Don't loose sleep.
          It would be an unfair term in your contract for him to 'charge what he likes' for anything. Hence the term cannot be enforced. It would have to be fairly worked out, including taking into account the age of the damaged item to allow for depreciation.
          If he sends you a bill, don't pay him, as he cannot prove anything because no schedule of condition was agreed upon. His next option would be to take you to court ; but he would be unlikely to win because he cannot prove anything.
          All posts in good faith, but do not rely on them

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            #6
            Originally posted by justaboutsane View Post
            another unfair term! That will not wash in court if he does try to sue you and a LL is only allowed to repair damaged items he is not entitled to betterment!
            thanks, i wouldn't have known about this betterment thing before now. yes, as it's fully unfurnished it would be hard for them to find too much to complain about, i don't know if he was trying it on or just plain daft, as he was asking for things like curtain poles that had never existed and didn't seem to remember what he had or hadn't done in the first place. is there a time limit for him to finally send me his account? every day i wonder will it be here in the post? i know he wants to try and make me pay for the costs that the council made him carry out which were very hefty. they were so unproffessional and personal about the whole thing, i would never dare rent from a landlord direct with no agency ever again, it was the worst move i ever made.
            Last edited by M.A.O.H; 13-02-2007, 13:23 PM. Reason: typos

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              #7
              There is no time limit as such AFAIK(other than the 6 years limited by statute), but needless to say the longer he leaves it the more he is going to struggle. But, it really cannot be emphasized enough, the inventory is the "holy grail" of letting - without a fully signed inventory, he can charge you nothing.

              As a point of note, you may well find that an awful lot of letting agents are not much better! From personal experience, I would never dare rent from an agency again!!!
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

              Comment


                #8
                Originally posted by M.A.O.H View Post
                thanks, i wouldn't have known about this betterment thing before now.
                Have a look at http://www.arla.co.uk/download/deali...disps_dams.pdf which tells you more about it.

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