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rpat
06-02-2010, 22:02 PM
T served 2 month notice to vacate the property. L inspected the property in the following month and initiated refund of deposit. Deposit refunded before T vacated the property. L asked for excess rent to cover any cleaning and repair. T paid excess rent. L inspected the property thoroughly on last day, signed end of tenancy (EoT) agreement and received keys. T believes the property was returned in good condition. The EoT states that deposit was refunded without inspection and on trust and also that any undiscovered damage will be brought to Ts attention within 7 days. L complained about smell of toddler's urine within 5 days and replaced carpet in the entire property and also sofa/chair. T didn't smell anything. L has produced a bill of £1600 and threatened of court action if not paid within 7 days. L has retained samples for DNA inspection. T finds the charges exorbitant and intimidated by the notices from L. Does T have any defence against the claim?

Lawcruncher
07-02-2010, 09:37 AM
"Excess rent" as you describe it is a new concept to me. Surely it is nothing less than a deposit. I confess it is unclear to me why it was paid it. How much was it?

You also say an "end of tenancy agreement" was signed. What did the agreement say?

Was there any record of the condition of the property at the start of the tenancy? Even if the carpet or sofa did need replacing, the landlord is not entitled to the cost of new ones; what he is entitled to depends on the age of the items. In any event I am sure they could have been cleaned.

Finally, I am no way an expert on the law of evidence, but I doubt that the landlord can force a DNA sample of the toddler to be provided.

P.Pilcher
07-02-2010, 10:44 AM
There is bound to be a dispute over this one if it goes ahead IMHO. How does any body know that thorough "steam" cleaning of the carpets would not have eliminated the problem?

P.P.

rpat
07-02-2010, 15:29 PM
excess rent:T was vacating the flat mid-January and hence paid half the monthly rent. L asked to pay full £800 rent for that month to cover for cleaning expenses as she had already initiated the refund of full deposit.

the refund was initiated following an inspection after L served notice to end the tenancy. it was inspected 2nd time just before T vacated it.

end of tenancy says: T would pay for cleaning of carpet, sofa n chair. if sofa n chair can't be cleaned then T would pay to repair or replace them. any undiscovered damage would be brought to Ts attention in 7 days. excess rent less deductions for cleaning would be refunded to T within 7 days. it also says deposit has been refunded on trust without prior and immediate inspection. it doesn't say there was smell of urine or T would pay for any undiscovered damage brought to his attention.

the property was steam cleaned twice 4 days after T vacated it and after that L complained about urine smell for the first time saying that the steam clean couldn't eliminate the smell.