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Threat of Legal Action

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227 views 1 replies latest reply: 30 March 2016
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Tenant

I have recently moved out of a house that I have been privately renting for over 6 years. However the landlord has requested that I sign over the entire deposit and provide an additional contribution towards the ‘damage’ caused during our tenancy, with the threat of legal action too.

The landlord has asked for a contribution towards the costs of the ‘damage’ in final settlement.

If I do pay an additional contribution (that I can’t afford!) how do I ensure that there is no subsequent legal action? Is the use of ‘full and final settlement’ wording sufficient?

I dispute that I am responsible for all of the ‘damage’ claimed by the landlord. How do I ensure that I am not deemed to be accepting liability for all the ‘damage’. Is there some suitable wording that I should use?

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Tenant

There should be something in your tenancy agreement that states something like ‘normal wear and tear on the property’ is to be expected and the tenant is not liable to pay for this. If the landlord is expecting you to pay for this then he is being unreasonable. It’s not defined what’s the difference between ‘normal wear and tear’ and ‘damage’ however if HE is the one saying it’s damage then HE should be the one to justify this. Saying you must pay an additional amount as well as surrendering the deposit is pretty extreme. I’d write him a letter and ask him to justify these requests. If he can’t then I don’t think you have anything to worry about. He can’t get a court to force you to pay him if he hasn’t first made his case to you as to why you should. Ask him for photos of this ‘damage’ that he is concerned about and see what he does!

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