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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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I am guarantor for my sons flat.He recently moved and his ex

Customer Question

I am guarantor for my sons flat.He recently moved and his ex landlord cleaned,decorated and did repairs on the property and re-let it.He did not invite my son or me to an end of tenancy inspection.He has then presented me(no attempt to contact my son the tenant)with a bill for £2500+ for the work done and threatened me with county court action if I dont pay.My son is willing to pay any agreed costs if we go to court but it will be over a period of time as he is out of work.Please advise.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

I dont know my rights.Is a landlord not supposed to decorate anyway prior to new tenancy.Should he have contacted my son or me before going ahead and getting work done.Can he force me to pay if my son is willing to do but over a period of time due to limited income.

 

I think he is bullying me into paying excessive bills.All his work was done by one non VAT registered contractor.

 

Regards XXXXX XXXXX

Expert:  Jo C. replied 3 years ago.
Thanks.

It depends what work was done.

Certainly he cannot claim from a tenant if he is just decorating a property. Decoration is for the landlord. However, if he is repairing damage or neglect then he does have a claim from the tenant for the cost of doing so. £2500 does seem on the heavy side.

He doesn't have to invite a tenant to attend the inspection im afraid. That said, if this is an AST then there should have been a declaration within 10 days of any reductions that he proposes to make from the deposit. I suspect in this case though that falls away because these are not reductions but a simple matter of a small claims court claim. He is able to bring that as he wishes.

He will have to prove he was repairing damage or neglect on the part of the tenant and that £2500 represents his actually incurred reasonable costs.

If he wishes though he can bring the claim against you as the guarantor I'm afraid.

Can I clarify anything for you?

Jo
Expert:  Nicola-mod replied 3 years ago.
Hello,

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Thank you,
Nicola