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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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we have recently been evicted from a property and are now having

Resolved Question:

we have recently been evicted from a property and are now having problems with our deposit. The conditions we have lived in in the 4 years we were tenants has been terrible. rooms full of mold and so bad that we had slugs in our kitchen cupboards and have lost hundreds of pounds worth of goods that have been ruined. the property was unsecure as the glass in the patio door was broken due to it falling of the rail. we had no lights in the toilet, hall and stairs for 2 years. we feel we have been very unfairly treated and now with his court fees, two weeks outstanding rent and the money he wants for repairs all but £30 of our £1500 deposit is gone. with 3 children this is not something i can afford is there anything i can do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much is he claiming in respect of rent and how much for repairs?

Do you dispute that the repairs need doing?
Customer: replied 3 years ago.

he is asking for £247 rent, £244 court fees for the eviction process and £957 for the repairs. and yes we dispute them. there are a couple that we are sort of willing to except but not at the amount he is claiming

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

He had to go through courts to have you evicted because for some reason you did not leave. He is actually entitled to the rent and the court fees.

The only thing that can be in issue therefore, based upon what you have told me, is the £957 for the repairs. What you are going to have to do is file a dispute with the Tenants Deposit Scheme where the deposit was held and let the scheme mediate.

Alternatively, sue the landlord in the Small Claims Court for whatever it is of the £957 that you think he has overcharged.

Can I clarify anything for you?
Customer: replied 3 years ago.

We already knew about filing a depute with deposit scheme so that doesn't help unfortunately, is there any way we can sue him for how we have had to live for the past 4 years, as we reported things that went wrong and nothing was being done. Also are we responsible for decorating the entire house or would that be put down to wear and tear?

Expert:  Jo C. replied 3 years ago.

You are responsible to put the house on the condition that it was in when you moved in less an allowance for reasonable wear and tear. However with regard to decoration, wear and tear amounts to no more than discolouration because marks are not wear and tear
You are entitled to compensation in respect of breach of landlords repairs provided you have proof of the conditions of the property over the last four years.
Customer: replied 3 years ago.

ok thats great thank you. there is no marks on the walls. any ones that had we painted before moving out. the only reason he wants it re-decorated is due to not liking the paper or color are we still responsible?

Expert:  Jo C. replied 3 years ago.
Unless the tenancy agreement says that the colours must not be any different, you are not obliged to pay for any colour change unless the colour is wildly unacceptable, such as if, for example you had painted the lounge black or dark purple or stripes or spots or suchlike.
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