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 Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3695
Experience:  Two years conveyancing experience.
13113900
Type Your Property Law Question Here...
Alex J. is online now

Can a landlord request damages/argue breach of tenancy once

Resolved Question:

Can a landlord request damages/argue breach of tenancy once the tenancy is over and the check out has been completed and the damages/deductions agreed by both parties and re-paid?
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

What is the landlord making a claim for? What is the nature of the breach?

Kind regards

AJ
Customer: replied 3 years ago.

Claiming for damages to carpet/floor boards due to cat urine.


 


No cat urine or other stains where recorded on the check out which the landlord has since agreed and paid my deposit back

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The landlord can threaten and claim for any damage if you have actually caused damage. However if you had an independent third party sign off the condition then this is going to cause the landlord alot of problems. If the landlord wants to sue you in court then they have to prove you have done the damage and this will be very difficult if the agreed the schedule of condition.

What you could do is the following:
1. Write to the landlord and deny that the property is any state other than how it was described in the agreed schedule of condition;
2. Say that you refuse to make any payments to the landlord;
3. Say that if he is not happy with the condition of the flat then that is clearly an issue between him and the person who conducted the schedule of of condition;
4. Say that if he continues to chase you for money you will deem it harassment under S.40 of the Administration of Justice Act 1970 and reserve the right to contact Trading Standards and the police.

I would say that this is quite a robust stance to take and I would only write in this way if the landlord is threatening/chasing you badly and you do not require a reference from him/her.

I look forward to hearing from you.

Kind regards

AJ
Alex J. and other Property Law Specialists are ready to help you