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Posted by: gcrt
05/11/11 at 4:10 pm
I ended a tenancy back in December 2010 with my private residential landlord. I was in arrears and was overcrowded due to the unexpected arrival of my baby granddaughter (who i now have custody).
I ended the tenancy on 7th December 2010 when i went round to my ex landlords property to hand over her keys and the sum of £300 cash. I paid this amount calculated as follows:
Minus £650 Deposit & minus £550 rent paid in advance
The landlord showed no signs of contention to my plans to leave her property and all was well and good. I had a 6 month assured tenancy at the start of my tenancy but thereafter it was on a verbal basis. (i.e the same was not renewed for the duration of my stay 3 years) I gave my landlord my new contact details and told her to contact me if any problems.
around 2 weeks later - DWP Paid £330 est in final rent due to the property directly to the landlord. I rang the landlord on plenty of occasions but no return of phone call. I let the amount go in the spirit of compromise for having arrears for a few months with her.
Nearly 12 months later i have today received a County Court Claim for just under 5K.
The particulars of claim state:
Substantial history of rent arrears and the tenants vacated without Notice around August 2010. Date cannot be specific as the property still appeared to be habited. On finally gaining access severe damage was found including all floor coverings destroyed, all decor destroyed, bathroom floor had collapsed due to what appeared to the continued flooding. The kitchen also had to be removed due to being so severely damaged. Property required full refurbishment at a costs of over £10,000, Arrears of £1496.47 (no additional charge for notice period) and £3200 towards the cost of refubishing the property.
I have today submitted an Acknowledgement of Service and intend to defend the whole claim.
any ideas. I know that she has failed to adhere to the Pre-Action Protocol in that she failed to inform me of her intentions to issue proceedings. and the first thing i knew of these complete false allegations was the Claim Form from the Court.
any further help?
There is currently 1 reply.
Posted by: JamieW
24/01/12 at 1:01 pm