Boomed & Doomed - suing the old landlord

[NorthWestPerm2Contr]

Ok - so I haven't been on for a while as I have just moved house (what a mare). But it's nice to finally have my own place - great feeling.

On the other hand I have an absolute **** of an ex-landlord. He wants to replace the whole carpet, using my money, for a very small carpet burn.

We had paid to get the place professionally cleaned and left the place in 10 x better condition than what we received it. We even had a rug made from left over carpet to cover it up as well as offering them £50 compensation for the burn. I looked similar cases up on the web and it seems the TDS don't consider it legitimate to replace the whole carpet for a burn unless the carpet is rendered unusable (it can even be counted as wear and tear).

Normally this would be straight forward as I'd go straight to the TDS to resolve the matter, however they have around 20 days overpaid rent in their account which they are saying they will use to pay for the carpet. Hence I have sent an initial warning letter requesting the overpaid rent and deposit to be returned (minus £50) with a warning of court action.

Also please note this is not about the money - landlord is extremely arrogant and nasty (slammed phone down on me when I tried to reason), so this is just to teach them a lesson.

Has anybody else had similar experiences in the past? Also any idea on which forums to go on to post this question, CUK has become my go-to point for any questions.

[Old Hack]

Ok - so I haven't been on for a while as I have just moved house (what a mare). But it's nice to finally have my own place - great feeling.

On the other hand I have an absolute **** of an ex-landlord. He wants to replace the whole carpet, using my money, for a very small carpet burn.

We had paid to get the place professionally cleaned and left the place in 10 x better condition than what we received it. We even had a rug made from left over carpet to cover it up as well as offering them £50 compensation for the burn. I looked similar cases up on the web and it seems the TDS don't consider it legitimate to replace the whole carpet for a burn unless the carpet is rendered unusable (it can even be counted as wear and tear).

Normally this would be straight forward as I'd go straight to the TDS to resolve the matter, however they have around 20 days overpaid rent in their account which they are saying they will use to pay for the carpet. Hence I have sent an initial warning letter requesting the overpaid rent and deposit to be returned (minus £50) with a warning of court action.

Also please note this is not about the money - landlord is extremely arrogant and nasty (slammed phone down on me when I tried to reason), so this is just to teach them a lesson.

Has anybody else had similar experiences in the past? Also any idea on which forums to go on to post this question, CUK has become my go-to point for any questions.

Good luck with that. I assume you have photographs of when you took the place on, showing it in better condition now?

The law will side with the landlord, in the case of pre let condition.

It also depends where the burn is; if it is in a prominent position, then a join will be noticeable, more so depending on the carpet type.

As for paying too much rent, what is that about?

[d000hg]

Paying a month up front presumably?

[SimonMac]

As for paying too much rent, what is that about?

I would assume that moving dates never line up with rental periods?!

[northernladuk]

I have two places and I can't see why he wouldn't try charge you for it as well. He has nothign to lose. It will go to an independant arbitrator who will either say yes or no so why the hell not. It's a business. Saying that I do not consider myself as a tough landlord and i go though an agency so I never have to deal with this crap. I do have my places professionally cleaned and do accept some wear and tear but at some point when it goes from good to not so good it gets replaced by whoever created the damage to tip it over the edge.

If I had a carpet that is on it's last tenant and that tenant burnt it then it's a no brainer. Nice new carpet.

[NorthWestPerm2Contr]

I have two places and I can't see why he wouldn't try charge you for it as well. He has nothign to lose. It will go to an independant arbitrator who will either say yes or no so why the hell not. It's a business. Saying that I do not consider myself as a tough landlord and i go though an agency so I never have to deal with this crap. I do have my places professionally cleaned and do accept some wear and tear but at some point when it goes from good to not so good it gets replaced by whoever created the damage to tip it over the edge.

If I had a carpet that is on it's last tenant and that tenant burnt it then it's a no brainer. Nice new carpet.

You obviously have not researched tenant rights and the concept of betterment in lettings then have you?

[northernladuk]

You obviously have not researched tenant rights and the concept of betterment in lettings then have you?

Nope, I let my agent deal with it all and they ring me once in a blue moon, I say what I want and let them deal with it. Why the **** would I want to read up when I pay someone else to do it all for me.

EDIT : And I would argue a vast majority of tenants don't either which suits us landlords down to the ground.

[moggy]

Why the **** would you want to read up when you can get NLUK to use the search function for you all.

Fixed

[northernladuk]

Fixed

Not this time. I use an agent and do it properly so avoid all this rubbish with tenants. I don't think there is anything else to do here but what he has already suggested

Hence I have sent an initial warning letter requesting the overpaid rent and deposit to be returned (minus £50) with a warning of court action.

Keep sending him that over and over but be prepared to go to the next step. Most landlords are not businessmen and are probably used to being an arse with tenants who will generally go away pissed off because they don't have the nouse to fight. Landlord wins through being a bully. A letter box full of threats and then start a small claims or letter from solicitor or something will make him realise he has bitten off more than he can chew this time IMO.

EDIT : I would send some of them registered as well so you have evidence he received it. Nasty landlords have little respect for the law and due process.

You could also dob him in to HMRC as well if you are feeling particularly agrieved. A vast majority of landlords don't declare income particularly the ones that act like this.

[Old Hack]

You obviously have not researched tenant rights and the concept of betterment in lettings then have you?

No, nor me. I too have a few houses. What I do know, is that if you don't have pictures, they, the courts, are going to assume that the house was in tip top condition, and use that as a baseline.; be careful, as the landlord, if a bad one, may chase you on 'everything' that is not in tip top condition.

I charge a monthly rent, and if the tenant leaves early, I keep the rent.

I actively go after tenants for damages over and above their deposit.