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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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my landlord is trying to claim unfair charges .He wants my

Customer Question

my landlord is trying to claim unfair charges .He wants my entire deposit and an extra months rental
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

Are these charges for cleaning work etc., from after you have left the property?

Customer:

hi

tdlawyer :

Hello

Customer:

They are trying to charge whar we feel to be unreasonable charges for cleaning of carpets ( the carpets had not been cleaned prior to our tennancy), professional oven cleaning, washing of curtains and nets - they had not been washed prior to our tennancy, professional gardener even though the landlord has been seen mowing the lawn, and they are also trying to charge an additional months rent as they say they were unable to rent the house for a month as the feedback they had from viewings was that the property was untidy and cluttered but we were actually in the process of moving house hence the clutter and they were fully aware of this. They also was us to pay for washing of bedding when I had done this prior to moving out.

Customer:

they have also not yet reimburesed the additional rent as yet from when we moved out

tdlawyer :

Is the deposit protected in a scheme?

Customer:

yes it is

tdlawyer :

OKay, have you tried to reclaim the deposit through the scheme rules/system?

Customer:

not as yet. we are in the process of completing the forms but we are worried about the additional charges he is trying to claim on top. Is he allowed to do this?

Customer:

the cost is now coming to almost £3000

tdlawyer :

Okay, well try to get the money back through the scheme, and they usually offer an adjudication/dispute resolution process.

Customer:

what if this does not work

tdlawyer :

He can only claim these costs from you if he had to spend the money.

tdlawyer :

Then you would need to issue court proceedings against the landlord.

tdlawyer :

You can do this online in the small claims court: www.moneyclaim.gov.uk

Customer:

but can he claim for not bein able to get a tennant for a month

tdlawyer :

Possibly, he can yes, if he can show that he coulnd't rent due its state.

tdlawyer :

And that you were the cause of that.

Customer:

we have left the house in a better condition that it was before we moved in.and the

tdlawyer :

:) Okay, then the obligation is on the landlord to prove his claim to be entitled to the money anyway. He would have to do this if you sued him for the deposit back.

Customer:

apart from usual wear and tear and a few missing items whichlike cutlery and pillow which we agreed to pay for

tdlawyer :

Then you need to deide whether ultimately, you want to sue for your money back.

Customer:

what would we have to do sue our money back and if we win would we able to claimlegal chargges?

tdlawyer :

You can't get legal costs if the claim value is £10k or less. You can get court costs back though if you win.

tdlawyer :

If you do it yourself, (which people usually do on small claims) then it'll only cost the fees, which is probably around £1,000 max.

tdlawyer :

Perhaps less, it depends on the actual value of the claim

Customer:

are we entitled to see the quotes of the work being done and then the receipts and request an independant quote?

tdlawyer :

Yes, you are. If they were to defend this at court, they would have to show them to you.

Customer:

thanks for your help

tdlawyer :

You're welcome. Is there anything else I can assist with?

Customer:

No thanks

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