Reply to: Boomed & Doomed - suing the old landlord

[Fandango]

[Platypus]

[NorthWestPerm2Contr]

Sorry to revive this thread but just wanted to say I win! Smashed the landlord! Boomed!

TDS were on my side completely and landlord gets only what I offered him - £50 compensation. All the rest of the money has been returned!

Now to smash Floors2Go.....

[darmstadt]

Lucky you don't rent in Germany, around 3 months rent deposit before you move in (if you use an estate agent then you can count on about the same amount in fees,) the apartment might not have any fittings such as a kitchen, bathroom, lights (even switches), etc. all of which you will need to provide yourself and when you move out you either take them with you or try and sell onto the next tenant. Oh, and you have to redecorate to the original (white) state before you move out.

[d000hg]

Doohgy Doohgy Doohgy.... You should know better... 3/10... You know this isn't my posting style so can hardly use one rant at the forum tit to justify my award.

Lol I was being sarcastic, it was quite a good rant

[Old Hack]

Did you google that with regards to tenancy or did you pick that out of thin air? Betterment in the context I am talking about means to purchase something new to replace something that is used. You can't hand in a faulty BMW with 50k miles on it and ask for a new one if it is under warranty (unless there are special circumstances). Similarly with the flat - you can't use the tenants money to pay for brand new goods.

But you can. If you broke a fridge, and that fridge was new, then you have to replace it. If the fridge was a couple of years old, and was judged to have had a life span of X years, then you'll havwe to pay some of it. However, this all has to be in your lease, if it isn't, he can do, pretty much, what he wants.

I reiterate, and this is cut from a legal statement:

The lease should state whether tenant improvements and betterments are permitted, who will pay for them, who is responsible for their on-going repair and maintenance and who gets to keep them when the lease terminates.

[NorthWestPerm2Contr]

...and of course, you have pictorial evidence of this?

The courts are going to assume you took the place on in tip top condition, unless you have evidence otherwise. Trust me on this.

Betterment effectively means you have made the place better, so should be rewarded fro it. But again, proof is needed for this.

AN example of betterment, was a tenant asking for a shed. I offered a large shed, he wanted a huge one, so we went 50/50 on it. I get to keep it. With betterment, The lease should state whether tenant improvements and betterments are permitted, who will pay for them, who is responsible for their on-going repair and maintenance and who gets to keep them when the lease terminates. If it isn't in the lease, then there's no legal requirement on the landlords behalf to pay for them.

Did you google that with regards to tenancy or did you pick that out of thin air? Betterment in the context I am talking about means to purchase something new to replace something that is used. You can't hand in a faulty BMW with 50k miles on it and ask for a new one if it is under warranty (unless there are special circumstances). Similarly with the flat - you can't use the tenants money to pay for brand new goods.

[Old Hack]

It's quite complicated but we have been tenants of the flat for just under 4 years. During the tenancy the carpet got really bad and we had little NWP2C arriving. So we requested a new carpet but they refused, in the end we offered to pay half cos the old one was so bad (everything else about the flat was great).

You have to bear in mind it is not legitimate to ask for tenant to pay to completely replace anything - that would count as betterment (google it if you don't know how that applies). You would have to calculate it's exact price (taking account its age and condition) and you have to compare it to the start of the tenancy (it is much better overall even with the small burn).

We paid over £100 to get the place professionally cleaned - radiators, cooker, oven, fridge, skirting, door frames, the lot.

We basically returned the flat looking a hell of a lot better than we received it, and that is after 4 years of living in it!

Landlord calls up and says he is taking our money to pay for a brand new carpet - tried to reason and he put the phone down on me after giving me a bit of abuse.

Hopefully he is gonna regret that after this and learn a lesson for future.

...and of course, you have pictorial evidence of this?

The courts are going to assume you took the place on in tip top condition, unless you have evidence otherwise. Trust me on this.

Betterment effectively means you have made the place better, so should be rewarded fro it. But again, proof is needed for this.

AN example of betterment, was a tenant asking for a shed. I offered a large shed, he wanted a huge one, so we went 50/50 on it. I get to keep it. With betterment, The lease should state whether tenant improvements and betterments are permitted, who will pay for them, who is responsible for their on-going repair and maintenance and who gets to keep them when the lease terminates. If it isn't in the lease, then there's no legal requirement on the landlords behalf to pay for them.

[NorthWestPerm2Contr]

How many tenants had use of the carpet?

Reason I ask is that a friend stained a sofa at a rental property. Landlord wanted new sofa. He said its a stain.

Judge said 3 tenants had used sofa so my friend had to pay a third.

He got no end of ribbing about exactly how he managed to stain the sofa.

It's quite complicated but we have been tenants of the flat for just under 4 years. During the tenancy the carpet got really bad and we had little NWP2C arriving. So we requested a new carpet but they refused, in the end we offered to pay half cos the old one was so bad (everything else about the flat was great).

You have to bear in mind it is not legitimate to ask for tenant to pay to completely replace anything - that would count as betterment (google it if you don't know how that applies). You would have to calculate it's exact price (taking account its age and condition) and you have to compare it to the start of the tenancy (it is much better overall even with the small burn).

We paid over £100 to get the place professionally cleaned - radiators, cooker, oven, fridge, skirting, door frames, the lot.

We basically returned the flat looking a hell of a lot better than we received it, and that is after 4 years of living in it!

Landlord calls up and says he is taking our money to pay for a brand new carpet - tried to reason and he put the phone down on me after giving me a bit of abuse.

Hopefully he is gonna regret that after this and learn a lesson for future.

[BrilloPad]

How many tenants had use of the carpet?

Reason I ask is that a friend stained a sofa at a rental property. Landlord wanted new sofa. He said its a stain.

Judge said 3 tenants had used sofa so my friend had to pay a third.

He got no end of ribbing about exactly how he managed to stain the sofa.

[NorthWestPerm2Contr]

This isn't abuse, it is a point. D000hg knows better and is quite capable of giving and taking a bit of banter so how about keeping your nose out? I do believe I attempted to add something constructive in my first post and I even gave you some +ve this week.

You whining about tulip in your life in general is open season fella. I think the issue here is if you can't take it don't post it huh?

I am happy to take the abuse, my question is why keep dishing it out? What is the benefit to you? If I am so bad, why waste your time with me threads?

[northernladuk]

More abuse eh?

Why don't you just boycott my threads and go somewhere else then? You appear to be the biggest contributor to my threads...... albeit in a negative way.

This isn't abuse, it is a point. D000hg knows better and is quite capable of giving and taking a bit of banter so how about keeping your nose out? I do believe I attempted to add something constructive in my first post and I even gave you some +ve this week.

You whining about tulip in your life in general is open season fella. I think the issue here is if you can't take it don't post it huh?

[Basil Fawlty]

Regarding your first point - I know, tell me about it.

Second point - spot on, I have given consent and we agreed the dates on email.

So now I am owed my rent + deposit. Funny thing with this case is I don't even mind losing, I just want to give the idiot the headache of taking him to court and wasting his time. He and his Mrs are doctors and have less interpersonal skills than the worst guys on here. Were I to win the case, then that would just be the icing on the cake. Of course I wouldn't risk it unless I felt I had a pretty damn good case.

Well if you gave him consent to move someone else in then I doubt the point about security deposit still stands - you will need to pursue this through TDS.

With regards to rent, i think you said you have it in writing that he'll refund this, so you should be entitled to getting this back...

[NorthWestPerm2Contr]

Doohgy Doohgy Doohgy.... You should know better... 3/10... You know this isn't my posting style so can hardly use one rant at the forum tit to justify my award.

More abuse eh?

Why don't you just boycott my threads and go somewhere else then? You appear to be the biggest contributor to my threads...... albeit in a negative way.

[northernladuk]

This is how you get to be top poster on CUK? Blimey.

Didn't the OP say/imply he had given consent?

Doohgy Doohgy Doohgy.... You should know better... 3/10... You know this isn't my posting style so can hardly use one rant at the forum tit to justify my award.