landlord threatening court action for more than deposit value despite our offer

[pitofdespair]

I moved out this month following a 12 year tenancy. I ended the tenancy (which had become a rolling tenancy) giving the requisite 1 rental period in notice.

 

For a number of reasons such as health and bereavement that are not material, I was unable to get the property fully cleaned and returned in the state it was when I moved in. I fully expect to hve some costs taken from the £1000 deposit in respect of cleaning and disposing of the few things I did not have time to dispose of before moving out (I had several skips, but turnaround time meant there were a couple of old cupboards left - all spare time was spent taking things to storage so there wasn't time to dump these).

My landlord says that the carpets are soiled beyond use and that there is blutac on the walls, and is threatening to take me to court for more than the amount of the deposit to have the carpet replaced and the house repainted.

 

My question is not so much about the rights and wrongs of the case. It is this. I have made the landlord what I believe to be a very generous offer of £900 to cover a full professional clean and waste disposal. I believe that if the case went to adjudication or to court, he would be awarded a lower amount - the carpet was of a low quality and after 12 years I cannot find any guidelines that say it would be anything other than expected to be replaced - likewise the painting. Nonetheless, he refuses to go to adjudication (the deposit is protected under TDS) because he wants to pursue me for more than the deposit amount.

 

Finally, the question is this: would the court take my offer into account when deciding whether to issue a judgement against me? If he goes to court and the court decides to award him less than the amount I have offered, would I still have a CCJ against my name, even thouh I am not contesting that amount? Or would I only be subject to a CCJ if he is awarded a higher amount? I can't seem to find any advice on this anywhere online. The letting agent has strongly advised me to settle for a higher amount out of court to avoid a CCJ - whether this is professional or not of them is another matter but I feel under pressure to pay more than I can afford or should have to pay.

 

 

Thank you in advance

Edited May 30, 2014 by Conniff
Added spaces

[Steve__M]

As far as I am aware, a CCJ against your name is only an issue (for your credit record) if you don't pay up. If you pay the money then it is all done and dusted.

 

The lettings agent act for the landlord, not for you. Don't listen to them.

 

Ask for written statements of all their claims. a) you need this to make it harder for them to later escalate their claim if you successfully rebut aspects of their claim b) it will be hard for them to do it, so will delay them.

 

I think you'd be expected to leave the house reasonably clean and empty of your stuff, but as you hint, I don't think they can expect you to pay to replace 12 year-old carpets.

 

If push comes to shove I expect the letting agent will advise the landlord to keep the deposit and require you to take him to court for whatever proportion of the deposit you

think you are entitled to. If you did that, they might then counterclaim.

[The Carpet Cleaners]

First question is .. was there an inventory when you moved in??

The expected life of a rental carpet is 10 years, and even less for decorating, so personally I would use the TDS dispute service first, and claim back the deposit in full. My belief is that after 12 years he would be lucky to get any money for redecoration.

As far as court goes.... You will only get a CCJ if you do not pay any award within 28 days... So if he did take you to court, and by any miracle he won a good amount, if you then pay it straight away you don't get a ~CCJ.

 

Take no notice whatsoever of the estate/letting agent... they only work for the LL and are trying to get more business off him.

[pitofdespair]

Thanks. I would absolutely pay what the court decided. I feel very bad about not being able to leave the place immaculate but I have a feeling the landlord is using that to try to claim a whole lot more than could be deemed fair wear and tear after 12 years, and I'd like an independent person - be it an adjudicator for TDS or the court - to decide whether that's fair rather than taking the agent's say so - I just don't want to risk ruining my credit in the attempt to get a fair ruling

[pitofdespair]

Thanks, TCC. I am very happy to go to TDS dispute service - it's the landlord who isn't. If I won't get a CCJ if I pay what the court decides straightaway, which I would - out of the deposit as I am sure it will be less than teh deposit - then I'm not so worried.

[mariner51]

Though LL won't accept DPS ADR, this is not avail (yet) if LL does not agree or if deposit was never protected (seems likely). Not a requirement 12 yr ago and still debateable for pre-Apr 2007 ASTs, even after the Localism Act 2012 and recent Govt 'clarification'.

Who actually holds your deposit LL or an approved scheme?

[pitofdespair]

The deposit is registered with TDS although LL holds it

[raydetinu]

Just take LL to cour for return of deposit and let LL counterclaim for anything ( must be fair ) and let judge decide.

[king12345]

He wants new carpet and the property redecorated after 12 years!?!?

He's taking the mickey!

It's probably cheaper for you to get someone to spread some paint on the walls (no preparation, just paint straight on) and the cheapest carpet you can find fitted on top of the existing one to make it feel thick and save on underlay.

He's a p@@s artist!

Some people!

[pitofdespair]

Ha, yes, that'd make up for the lack of underlay to start with!

I guess starting to sue him would at least encourage him to settle out of court

[ericsbrother]

On top of all that the LL will claim the entire amount against tax anyway so will get paid out twice (or thrice). The disputes service will look at what is fair wear and tear and you ex-LL wont be liking the most likely outcome. It is a sod to get money for a carpet a year old let alone 12+

[raydetinu]

IRC LL can only claim against tax if property is furnished. ( bed, furniture etc.) 10% of income/year. replacing fixtures and fittings carpet/curtains/white goods in an unfurnished property cannot be offset against tax/income.