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leedogg3

Original Poster:

329 posts

197 months

Friday 9th October 2015
quotequote all
Please don't try to pick me apart! I've debated posting this all day, however at the chance of getting good advice I have decided to risk getting a grilling from the cynics.

We relocated a couple of years ago and began to rent whilst deciding what to do. We recently agreed a sale and moved out rental into a holiday home whilst progressing a sale. This has gone on now for a while and we have bounced around various home.

After vacating the previous last Friday following a three week stay we received the following:

"Following your departure from ................... 03.10.15, we have received correspondence from the property manager stating that the property required a large amount of additional cleaning and there were a number of items broken.

~~ The oven require additional cleaning.
~~ The Bath Mat was completely stained and the property managers will have to obtain new one.
~~ 2 broken blinds – awaiting quotation as the manufacturer has informed us the fabric is now discontinued
~~ Heater in the twin room was hanging off the wall – now fixed quotation attached within the Jason Thomson (plumber/electrician) invoice.
~~ Paintwork chipped and peeling in the bathroom – quotation attached – works started.
~~ Damaged shower door – quotation attached from Jason Thomson the 1st door (4 panelled screen) is the like for like replacement.
~~ Marks on the carpet, one black mark in the bedroom – the property managers believe this can be removed.
~~ Food marks on the wall – the property managers believe this can be removed.

Please find attached to this email the provided photographic evidence. Within the next few days we will receive the final invoice in which the owner wishes to recoup the costs from you and your party.

If we could please receive your comments relating to this claim within 7 days, to fall within the guidelines of our damage procedure, this would be greatly appreciated."

I truly believe we probably damaged a blind during stay. In the three weeks we never had the place cleaned by the owners. Oven was wiped over quickly as we left. The rest is fantasy and I will happily state that in a court.

We need to reply obviously but I'm not the most elegant individual when aggrieved and want to send an intelligent, thought out response and not a forthright response.

Sorry for boring essay.

Ian Geary

5,636 posts

222 months

Friday 9th October 2015
quotequote all
What I would do is go looking for legal advice from a bunch of strangers on a car forum.


  • right * hopefully that's the stupid answer out of the way, and all of the rest will be helpful.

- Does the damage described tie up with the photographic evidence they've sent?
- Do you have photos of how you left the place?
- Was any of this damage pre-existing when you took on the place, but just not reported?
- Was the property let to anyone subsequently who might have damaged it?


Some of it seems a bit of a stretch - i.e. how much damage could you do to a bathmat in 3 weeks, and they're only about £3 from Wilkos / Ikea.

But if a heater has been pulled of the wall, then I see why the landlord is pursuing damages.

I would keep correspondence to the point, and avoid the pseudo legal jargon people sprinkle in. But do reply within the 7 day period.


hth

Ian


JustinP1

13,363 posts

260 months

Friday 9th October 2015
quotequote all
Did you and the agent agree an inventory at the start of the tenancy?

HotJambalaya

2,088 posts

210 months

Friday 9th October 2015
quotequote all
JustinP1 said:
Did you and the agent agree an inventory at the start of the tenancy?
This. Has an inventory been done? if not, cop to the blinds, and ask for proof on the rest. Or if you want to get your own back for his fantasy, if one hasn't been done, cop to nothing and ask for proof it wasn't like that from day 1.

silentbrown

10,978 posts

146 months

Friday 9th October 2015
quotequote all
JustinP1 said:
Did you and the agent agree an inventory at the start of the tenancy?
I wouldn't expect that for just a three-week stay in a holiday home.

It sounds suspiciously like the housekeeper hasn't been doing their job of cleaning and reporting minor breakages properly after each let, and an (infrequent) inspection by the property manager has flagged up a bunch of issues, all of which are being blamed on them.

OP, were you aware of any of these other defects during your stay?



JustinP1

13,363 posts

260 months

Friday 9th October 2015
quotequote all
silentbrown said:
JustinP1 said:
Did you and the agent agree an inventory at the start of the tenancy?
I wouldn't expect that for just a three-week stay in a holiday home.

It sounds suspiciously like the housekeeper hasn't been doing their job of cleaning and reporting minor breakages properly after each let, and an (infrequent) inspection by the property manager has flagged up a bunch of issues, all of which are being blamed on them.

OP, were you aware of any of these other defects during your stay?
You are of course right silentbrown - idly reading on the phone I picket up the situation as implied by the top of the post, but missed that key point about the three week let at the bottom.

I'd also agree with your other analysis too.

leedogg3

Original Poster:

329 posts

197 months

Friday 9th October 2015
quotequote all
silentbrown said:
I wouldn't expect that for just a three-week stay in a holiday home.

It sounds suspiciously like the housekeeper hasn't been doing their job of cleaning and reporting minor breakages properly after each let, and an (infrequent) inspection by the property manager has flagged up a bunch of issues, all of which are being blamed on them.

OP, were you aware of any of these other defects during your stay?
That is in line with my thoughts on the matter. Nothing until today, 1 week after we vacated.

JustinP1

13,363 posts

260 months

Friday 9th October 2015
quotequote all
How much deposit do they have of yours?

leedogg3

Original Poster:

329 posts

197 months

Friday 9th October 2015
quotequote all
JustinP1 said:
How much deposit do they have of yours?
Nothing, but have debit card details.

JustinP1

13,363 posts

260 months

Friday 9th October 2015
quotequote all
leedogg3 said:
JustinP1 said:
How much deposit do they have of yours?
Nothing, but have debit card details.
And did you authorise them to take payment for damages?

leedogg3

Original Poster:

329 posts

197 months

Friday 9th October 2015
quotequote all
JustinP1 said:
And did you authorise them to take payment for damages?
No.

silentbrown

10,978 posts

146 months

Friday 9th October 2015
quotequote all
leedogg3 said:
That is in line with my thoughts on the matter. Nothing until today, 1 week after we vacated.
It's probably not coincidence that this is right at the end of the holiday letting season in many places. They need to check the property to get it 100% for next year.

I'd go to town with the lack of service from the housekeeper. If the oven (or anything else) wasn't immaculate when you moved in, mention that too. Did you pay a breakages deposit?

As for the blind - did you actually "damage" it (set fire to it, use it as a deckchair or otherwise abuse it), or did it just fail or fall off the wall in normal use?

photosnob

1,339 posts

148 months

Friday 9th October 2015
quotequote all
They don't have a deposit. If you want to be decent you could honour any damage you really think you have caused. If you want to be a dick you could just call up and say you have lost your card and want it cancelling and a new one. Say you are worried that it could have got into the wrong hands.

Now - they could theoretically sue you in the small claims court. But without an inventory or any solid proof (like an admission via email) they would be foolish to do so.

If they were trying it on I'd be a dick. But then I'm not very nice.

ModernAndy

2,094 posts

165 months

Friday 9th October 2015
quotequote all
If you haven't done any of this damage and there's no inventory or pictures taken from around the time you moved in and there's no deposit then I don't see why you're worried, it's not like you took a fully insuring and repairing lease. Always helps prevent this sort of thing if you either take photos or inform the landlord in writing of any damage noticed when you move in though, even if it's just a holiday let.

PurpleMoonlight

22,362 posts

187 months

Saturday 10th October 2015
quotequote all
How on earth are you responsible for peeling paintwork?

The very fact that they are trying brings into question everything else they are trying to shaft you for.

KungFuPanda

4,643 posts

200 months

Saturday 10th October 2015
quotequote all
Report your debit card stolen and fk them off.

danllama

5,728 posts

172 months

Saturday 10th October 2015
quotequote all
I would reply that you left it exactly as you found it and don't expect to hear anything about it.

And yes maybe cancel the card just in case.

I can't see them getting very far in small claims with no proof. And even if you pulled the blind off, that's not damage it just happens. They should do a better job of putting it up.

TooMany2cvs

29,008 posts

156 months

Saturday 10th October 2015
quotequote all
leedogg3 said:
JustinP1 said:
And did you authorise them to take payment for damages?
No.
Sure about that? What does the contract say on the subject?

Some of that damage would have been obvious when you were there - the heater, particularly. Was it like that?

If you do cancel the debit card, that doesn't necessarily mean the bank won't honour it - nor does it mean you won't get a small claim lodged against you, which you then have to defend.