jacquelinegow@yahoo.co.uk Posted April 17, 2006 Report Share Posted April 17, 2006 we have just returned to our property we have let out over the past 12 months and there is so much damage it has exceeded their deposit we have held. we have photographic evidence and a tradesman's report saying things were beyond repair. The tenats are now suing us, we would like to counter sue them, has anyone got any advice please. I know this will go through a small claims court and no solicitor will be needed but is it advisable to have a solicitor? Link to comment Share on other sites More sharing options...
Landlord Insurance Direct Posted April 18, 2006 Report Share Posted April 18, 2006 do you have a signed inventory from the start of the tenancy? without this you have very little hope of proving damage etc. why are the tenants suing you? re: solicitor, they can't help if you don't have a case! i will try to help but need more info. Link to comment Share on other sites More sharing options...
ianstew Posted April 18, 2006 Report Share Posted April 18, 2006 Remember that the small claims court has a limit of £750 per claim. So if the damage is above this it will cost you a lot more unfortunately. Link to comment Share on other sites More sharing options...
Mr. Green Posted April 18, 2006 Report Share Posted April 18, 2006 "Remember that the small claims court has a limit of £750 per claim. So if the damage is above this it will cost you a lot more unfortunately." Claims of up to £5000.00 are usually allocated to the small claims track. Link to comment Share on other sites More sharing options...
jacquelinegow@yahoo.co.uk Posted April 18, 2006 Author Report Share Posted April 18, 2006 do you have a signed inventory from the start of the tenancy? without this you have very little hope of proving damage etc. why are the tenants suing you? re: solicitor, they can't help if you don't have a case! i will try to help but need more info. yes, we do have a signed inventory from the start of the tenancy, stating newly decorated, professionally cleaned, luxury bathroom installed. There was very little the tenants could put on there apart from a dusty lamp, which I would have disputed but seemed petty! when we returned from abroad, they knew the day we would be at the cottage to go through the inventory, we walked in to find every room had been damged, from felt tip pen marks all over our walls and even a desk! to black mould in the bathroom, the new bathroom, to a cleaning fluid being spilt down a new fridge, it was grey, it is now splattered white, broken hob light, patio doors which have been forced, they probably lost the key to the general cleaning of the place, in other words not cleaned to the garden full of weeds. There was so much damage and we were due to move back in a week that we took photos, got quotes and a handyman came in with his side kick and rectified all the damage, they have given a report on the state of the place and what they had to do. The tenants have now been on our door step, screaming for their deposit back, this was the chap, next it was the woman, though she sudenly took a rather lets talk action and tried to soft soap my husband and the next thing we got an email threatening us with legal action. Can you advise what I should do now? We had no time to say to them that the property was in a state and to sort it, being we were moving back from Belgium a week later and the work was so much that I not only would have come back to it in that state to live, I would never have been able to rent it out again in that state. The damages out weigh their deposit and to be honest I can live with that loss, but their deposit was 1,300 and that is what they want back and reckon they left it in an okay state, but it was not a little damage, it was alot!!! We even had the outside of the house painted in the summer and their kids have even dran on the outside of the house!!! Help! Jackie Link to comment Share on other sites More sharing options...
jacquelinegow@yahoo.co.uk Posted April 18, 2006 Author Report Share Posted April 18, 2006 "Remember that the small claims court has a limit of £750 per claim. So if the damage is above this it will cost you a lot more unfortunately." Claims of up to £5000.00 are usually allocated to the small claims track. the damage is about 1,500 we have their deposit of 1,300 and are quite happy to leave it at that, the trouble is they want the lot back!! Link to comment Share on other sites More sharing options...
ianstew Posted April 19, 2006 Report Share Posted April 19, 2006 As long as you have photo's and a report from your handyman stating what damage was done do not give them a penny. Let them take you to court - which they wont. Their deposit was put in place to cover any damage that they caused so they do not have any claim. Link to comment Share on other sites More sharing options...
jacquelinegow@yahoo.co.uk Posted April 19, 2006 Author Report Share Posted April 19, 2006 As long as you have photo's and a report from your handyman stating what damage was done do not give them a penny. Let them take you to court - which they wont. Their deposit was put in place to cover any damage that they caused so they do not have any claim. thank you so much for your advice Link to comment Share on other sites More sharing options...
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