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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just moved out of a rental apartment and have a

Resolved Question:

Dear Sir/Madame,
I have just moved out of a rental apartment and have a disagreement with my landlord in regards ***** ***** deposit. There are two areas where I would like to seek your advice:
A)
1) Landlord is attempting to renovate the flat at our expensive. The main item of disagreement is the carpet which has:
i) Minor shoe polish stains in the corridor
ii) Tinted spot in the dinning room from coffee
iii) Urine stain in the living room from our baby
We have hired professional carpet cleaners 3 times in the last year. Last time they came in right after we moved out and attempted to remove all the stains.
Landlord is attempting to replace the entire carpet in all the rooms with a superior quality one.
In addition to the above, the reason we moved out is that the landlord need to replace the heating system which would involve lifting the entire floor in the corridor and the dining room.
2) She is trying to replace the toilet cistern which is over 10y old and has a crack on it. The state of the cistern is not document in the check in report although it is a minor issue compared to the above.
B) On a very different note, I would like to explore if there is a possibility for me to seek compensation given the landlords behavior in regards ***** ***** deposit. The main point was that our precondition for signing the rental agreement was to have the letting agents (Hamptons) be our management agents as well as we have had issues with landlord also managing the property. Less than a year into our contract, she removed them without our prior consent, justifying it as them being too expensive (she didn’t even give us a warning – we found out from Hamptons when raising an issue!). As a result various things were not replaced and took a long time to be addressed (insulation in our kids bedroom, broken window etc) which cause considerable discomfort at various points during out stay. Since we have paid over 170k pounds in rent during our stay – is there any legal ground for us to claim something back?
Also, could you please advise on your fees and their structure – is it upfront or linked to the success of the case?
One other question that I have is whether she claim anything on the back of estimates, or do we have grounds to insist on paid receipts only?
Kind regards,
M. Iakovlev
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

This is a question and answer site, so I can only tell you what to do.

What is it you want to achieve please?

Customer: replied 7 months ago.
is this 44 pounds on top of the 56 that i've agreed to when sending the question?
Expert:  Ash replied 7 months ago.

If you want a telephone call its an additional service, or we can keep it online if you prefer

Customer: replied 7 months ago.
online is fine, thank you
Expert:  Ash replied 7 months ago.

What is it you want to achieve please?

Customer: replied 7 months ago.
1) reclaim as much of my deposit as possible
2) understand if there is a legal case to be made against the landlord in regards ***** ***** of the flat
Expert:  Ash replied 7 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Yes there is a claim against the Landlord, the property should be in a fit and proper condition. It was not and therefore you can sue for breach of contract and claim for loss and damage.

However please keep your claim in total for £10,000 or under to keep it as a small claim.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
thank you. and in regards ***** ***** carpet - what is reasonable given accidental damage and our attempts to keep it in good condition and to clean it afterwards?
lastly, were i to hire a solicitor to assist me with both, what would be the cost?
Expert:  Ash replied 7 months ago.

The Landlord has to accept fair wear and tear. You dont need a Solicitor as this is a small claim and the costs cant be recovered.

Does that clarify?

Customer: replied 7 months ago.
sry, still confuseddoes accidental damage - child knocking over a cup of coffee for example come under fair wear and tear
Expert:  Ash replied 7 months ago.

No, for that you may be liable. That would not be wear and tear, if its accidental damage, that may be beyond that.

But the Landlord cant charge for a new carpet, it can only be for like for like,

Does that clarify?

Customer: replied 7 months ago.
is, thank you
Expert:  Ash replied 7 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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