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> Ex-landlord Claiming Excessive Damages
mstapleton
post 26.10.2009, 19:37
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Hi - Im looking for some advice and would be grateful for any tips on how to handle the situation.
I have just moved out of a property I rented for 10 years. During that time the landlord made no repairs or updates in any shape or form.The gas fire was serviced every year but any other requests for repairs were ignored.
I always phoned to report the problem as I thought that would be quicker and more direct(more fool me).
The landlord was completely absent never asking to inspect anything or check, as long as I paid the rent on time they left me completely alone.

When I moved in the house was completely artexed all rooms and I emulsioned over periodically.

Now I have moved out I have received a letter saying I am responsible for the removal of the artex and all the walls made good.(The walls are so damp this would be very difficult).
Over the years I have had to make repairs on certain things like the fence which fell down.
The house has no double glazing or even a fitted kitchen.
I have written back saying the artex was on the walls when I moved in but he is still saying Im responsible for complete redecoration of the whole house which will cost in excess of £1000.
I know now that I should have written the repair requests but what I want to know is can he sue me for this money even though he made no inspections over the years?
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Lisa
post 26.10.2009, 23:45
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Did you rent your property via the agency or direct from your landlord? I dont think he can make you pay for removing the artex if it was there when you moved in. Has your landlord return your deposit?
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mstapleton
post 27.10.2009, 9:04
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When I moved into the house it was being managed by an agent, then about 2 years ago was taken over by the landlord.There was no inspection when this happened so he had no idea of the state of the house.

They have said they will not return the bond.

The landlord is a famous rogue in this area (which I didnt know when I moved in).But I just wonder how far he will go to get me to pay for repairs he has failed to carry out?And is saying written reports only enough to win in court if he sues me?

I have many witnesses to back up my claim that the house was fully artexed when I moved in.
Can such a seriously neglectful landlord have any rights in court?
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barrydavis
post 27.10.2009, 20:15
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It sounds like your landlord does not want to return your deposit so he chose an attack as his best defence. If you have plenty of evidece, perhaps you should be taking this guy to court to get your deposit back.
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mstapleton
post 28.10.2009, 12:05
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So when he sends me this massive bill do I get a solicitor? I qualify for legal aid but wouldnt have a clue about court procedures,will I get help with this?
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Mary Poppins
post 29.10.2009, 0:09
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I'd check if there are any housing specialists in your area. It does not have to be a private legal firm, but a voluntary organisation such as for example citizens advice, independent advice centre, etc. I agree that if you have all the evidence to show what the house looked like when you moved in, proof of all repairs you've undertaken, etc, you should be writing to your ex-landlord asking for your deposit back. If you do, give him reasonable time to reply (eg couple of weeks). If he sends a reply challenging certain things, write again re-butting what's been said. If no luck, complete relevant court form and send your landlord pre-action letter. You ex-landlord may decided to settle out of court, one would hope wink.gif
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