How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a tenant who left the occupied residence on the 2nd of

Resolved Question:

I am a tenant who left the occupied residence on the 2nd of August. The inventory clerk, the owner and myself checked-out the house and she has produced a report. Based on the report, the owner is claiming a huge amount which I feel is unjustified.
Below is the response I am planning to send (copied and pasted from a word document)
Apologies for the delay in responding to your claims as I was waiting for the advise that was based on our tenancy agreement, the inventory clerk’s report, your claims and photographic evidence. Now that I have the advise, my response is as below.
My final offer to you is £424. This is based on the following.
(Red fonts are your claims, our response is in black)
Further to your email we now respond with the following:-
Freezer door £25.00
Clean outside Windows and doors £80.00
Back bedroom blind £40.00
Repair window frame £25.00
We agree for the above.
Charge for broken hinge we remove. But you should be aware the actual charge from Beko was £42.00. I certainly was not made aware that the machine was shaking enough to damage the hinges. I should have been made aware.
We will not further dispute this as you have waived off the cost.
Trim bushes in the back garden. Whilst you were away in USA it was necessary for me to do as much work as possible outside prior to end of tenancy. I reduced the height by four feet as well as shaping. Mrs Rao stated that the gardener had never done work on the back garden. This was evident by the amount cut and taken away. £100.00
We do not agree with the above. We were not informed by yourself that you are trimming the hedges in the back yard and you did not seek our approval. You needed to bring this to our attention prior to carrying out any work. The prospect of you succeeding in this claim at the Tenancy Deposit Arbitration Scheme or the Court of Law is very unlikely.
Cleaning. The original sum put forward by the Letting agent to myself was £350.00 I feel that the effort to clean away the grease, grime and calcium deposits was over and above a general clean and it does not release you from the responsibility of paying for the cleaning at
the end of the tenancy. If you had had a professional company the amount would have been considerably more. I will reduce this figure to £350.00
We disagree. We again point you towards the Inventory Clerk’s comment “The property has not been cleaned which was agreed between the landlord at tenant due to decorating works being carried out by the landlord after the check out.“
It was implicitly agreed that you would be carrying out the cleaning once the decorations had been carried out. This was expressed to the Inventory Clerk by yourself at the time of check out and hence her comments as above. May I remind you that at no point in time you mentioned that you would be charging the same by cleaning the property yourself. May I also remind you that the property when we checked in was not professionally cleaned. It was cleaned by yourself. I am afraid that a pattern is emerging wherein you carry out the cleaning/trimming/other work and charging the tenant for the same. We can produce the images to the Tenancy Deposit Arbitration Scheme or the Court of Law of the water leakage that took place that damaged the ceiling as well as staining the downstairs carpet. We will need to highlight that you again reiterated that you would be redecorating the house after we vacate and hence no repair work was carried out and we had to live with those ugly stains. Again the prospect of you succeeding in this claim at the Tenancy Deposit Arbitration Scheme or the Court of Law is very unlikely.
Contribution to stained carpet cleaning upstairs. It is normal for the carpets to be cleaned at the end of the tenancy. Actual cost of cleaning on Friday 19th was £98.00. This still did not remove the ink stain in the second bedroom.
We agree with the amount.
Contribution to replacing the downstairs carpet. We will remover his cost, but state for the record that some unremoveable stains were caused during your tenancy.
We agree with waiver you have made but disagree with the stains aspect as you were very well aware that the staining was due to excess moisture buildup due to structural problems rather than neglect. We (and you) are very well aware that even the neighbor had the similar issue and you have explained to us the reason too. You have been informed of the same and indeed, you removed the carpet to have a look underneath to see whether there was any water leak. We can produce the images to the Tenancy Deposit Arbitration Scheme or the Court of Law of the water leakage that took place that damaged the ceiling as well as staining the downstairs carpet. Despite this damage was because of structural issues, the house not redecorated and we were made to live in the same condition. At that time, we were not aware as we are today, the legal rights of a tenant and continued to live with
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

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

What would you like to know about this today please?

Customer: replied 7 months ago.
I have attached response what I am planning to send to the owner. He is claiming an exorbitant amount from the deposit which I feel is not justified.
Expert:  Ash replied 7 months ago.

Thanks. What is your question about this please?

Customer: replied 7 months ago.
Is there a better way to respond to it from a legal point of view or am I wasting time and I will end up with Tenancy Deposit Arbitration Scheme
Expert:  Ash replied 7 months ago.

In reality the landlord is not to accept these reductions. Clearly the landlord is just trying to claim as much as possible for his own refurbishment works,

This goes beyond wear and tear. In reality it will probably go to the tenancy arbitration scheme. But you should note that they are tenant mined, because they know lands try to claim for things which are not right and fair, such as your landlord.

Your offer in my view, is quite reasonable.

But the landlord appears greedy and wants to use your money to subsidise his works.

Can I clairfy anything for you about this today please?

Customer: replied 7 months ago.
As I am dealing this for the first time, despite being a tenant in the last 15 years, I thought I should seek an opinion. Thanks for your patience.
Expert:  Ash replied 7 months ago.

Yes, 15 years is a long time. f 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
Ash and other Law Specialists are ready to help you
Customer: replied 7 months ago.
I am a doctor and I have moved back to India. My wife who is also a doctor is sitting next to me. I understand that there was not much legal advise involved but I appreciate the time and professionalism involved and hence I have rated Good. Thanks and all the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions