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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I have recently moved house and my ex landlord is refusing

Resolved Question:

Hi,
I have recently moved house and my ex landlord is refusing to repay my deposit and is even trying to charge me an extra £1,700. Most of what he is claiming I believe is wear and tear (chip in a bathroom tile for example) most expensive however is the carpet (carpet moth damage), which he says is an expensive carpet. I had the carpet proffessionally cleaned when I left and even the proffessional said it was a cheap carpet. I have even sourced replacement carpet of same colour and pattern which costs less than half what he is trying to charge. I was a tennant at this property for 5 years and never missed a rent payment.
I have just recieved a letter stating that he wishes to take me to court. I have even pointed out that the letting agent/landlord is in breach of the tennancy agreement by not informing me within the 20 working days stated in the tennancy agreement that any deductions were to be made. I replied with an offer of a small part of the deposit but he has gone straight to the threat of court.
Would it be worth fighting this? I don't feel what he is claiming is at all reasonable.
Many thanks
Scott
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello Scott,

Yes, absolutely worth fighting this. You may tell him to go ahead and go to court.

It is very likely that the court will throw his claim out as you rightly point out fair wear and tear is excepted and you have been a model tenant for 5 years. I cannot see the landlord proving what the condition of the carpet was 5 years ago.

You should defend any claim and also counterclaim for the return of your deposit less any token sum you are willing for the landlord to deduct.

Hope this helps

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