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Ooh, I hate being cross!
I arrived at work to find a very aggravating email in my inbox from my ex-landlord (not sure what that first sentence is about, but I think it's a response to something my slightly aggro ex-flatmate has said to him) :
And I do not appreciate finding the flat in shit order:
1) Mould in fridge
2) Rubbish and unwanted items left outside the flat and in the cellar
3) Carpet filthy
4) Sofas filthy, the arms had actually gone brown
5) Cooker not clean
6) Flat generally dirty, dust and junk swept under fridge, kitchen units and sofas
7) Windows not cleaned
8) The problem with the electricity was a blown fuse - this is simple, basic maintenance, no harder than changing a light bulb, should not have required an electrician, and is your responsibility
9) Walls in main bedroom are in a shocking condition with marks on them and chunks of plaster knocked out
10) Mould in the bathroom because you have not run the extractor fan sufficiently
11) Drains not kept clean (side of flat) causing a blockage and damp in the small bedroom
All in all I was very disappointed by the condition in which you left the flat, which was blatantly in breach of your obligations under the contract.
I have had this work done, total costs below, which I have deducted from your deposits.
1) £60 value of fridge
2) £55 for waste removal firm
3) £80 part of cleaners fee re carpet
4) £15 cost to clean sofa covers at laundrette
5) and 6) £40 for professional cleaning firm to thoroughly clean the flat (2ppl for 2hrs @ £10 each/hr, carpet cleaning covered separately)
7) £12 for window cleaner
8) £60 call out fee for electrician, no charge for any actual time/labour
It is not my intention to deduct any money for 9), 10) or 11), however I am perfectly entitled to do so. If you take an unreasonable position regarding paying for the work you have left for me to do, and [MY EX-FLATMATE] I know your view is normally to be as confrontational as you possibly can be, I will add these on and am getting quotes from builders for the repairs. The cost of a replacement fridge is £299 - if you are not happy with £60, representing the value of the existing fridge, that can easily be changed to the £299 replacement cost.
Payment has been authorised so should be in your banks shortly (Baboon: £272; [EX-FLATMATE]: £273). This payment is not negotiable.
See extracts from contract below.
7.7: Keep the drains, gutters and pipes of the Premises clear and the chimneys (if any) swept and the garden neat and free from weeds
7.8: Keep clean the windows of the Premises and replace all broken glass
7.16: Not place or allow to be placed on any of the internal walls of the building or any of the internal paint work posters, pictures or other similar items which require to be affixed to the wall or paintwork by bluetack or any similar substance
7.21: Deliver up the Premises to the Landlord at the end of the tenancy in the same good and clean state of repair condition and decorations as they were in at the commencement of the Term (fair wear and tear and damage by accidental fire excepted).
10.2.2: Make good all damage and breakages to the furniture and effects which may occur during the Term.
10.2.4: Clean or pay for the cleaning of all carpets, furniture, linen counterpanes, blankets and curtains (if any) included in the letting which shall have been soiled during the tenancy.
I will need your new addresses so that I can forward any mail that gets sent to [MY OLD FLAT] ([EX-FLATMATE], there is one letter for you now).
Boo! Hiss! Here is my response (which I haven't actually plucked up the courage to send yet):
Dear [SMELLY EX_LANDLORD],
This is regarding your e-mail about my deposit on [MY OLD FLAT].
I'm sorry that you're disappointed with the state of the flat, however I feel it's important to point out that it was not professionally clean when we moved in, the bathroom ceiling was already mouldy, my bedroom carpet was stained, the kitchen, fridge, cellar and garden all contained items abandoned by previous tennants, the front garden was full of rubbish, and the fridge freezer was broken.
It seems unfair that you have refunded the deposits of the other tennants in full without even inspecting the property, and now expect us to pay for the rubbish they have left and for not leaving the flat 'in the same good and clean state of repair condition and decorations as they were in at the commencement of the Term' when in fact the flat was far dirtier and contained more rubbish when I moved in than when I moved out, a fact which you would have known if you had been present to meet me when I first moved to the property.
Also it should be noted that during my stay in the property there were a number of issues which we brought to your attention that were not properly dealt with - the faulty freezer, the cistern leak, the faulty bathroom door handle and the poorly fitted cupboards. In fact, after the cistern leak, the carpet in the bathroom had gone mouldy (point 9 from your e-mail) and we had made you aware of this fact several times, but nothing had been done in that regard.
I will admit that we did not clear the drain or clean the windows, a fact for which I do apologise and will happily pay the price for in full (despite the fact that they were not clean when we moved in). We did attempt to replace the fuse, but neither of us could figure out how to remove the fuse in question, and since I have no wish to endanger my life through a risk of electrocution it seemed wise to leave it in the hands of experts.
I understand that [EX-FLATMATE]'s adversarial attitude, which I have tried to avoid, may have served to exacerbate the situation (which I assume explains the use of innapropriate and unprofessional language in your email), but it seems as though you are taking your personal disagreement with him out against me too. I would like to resolve this matter as swiftly and pleasantly as possible for all concerned, but as it stands your current terms are unacceptable.
Sincerely,
E Baboon (esq.)
So - what do you think? Do you have a leg to stand on? Seriously the flat was pretty dirty when we moved in, but because there have been people there all along he's never been around to inspect it until now. 20six, I thow myself upon your collective tender mercies - advise me!
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To date 17 Comment(s)
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Purple
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(19.10.06 12:09)
I understand where you're coming from EB, but if you didn't put your complaints about the state of the flat when you moved in to your landlord in writing at the time, i'm not sure you'll get away with using them as an objection now.
Fingers crossed tho!
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foxinthesnow
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(19.10.06 12:14)
Landlords are all a shower of bastards. My old one still owes me money. Anyway, I think the email's great, although as Purple says it may not do much use to point out the state of the flat when you moved in. Good luck though.
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lemonsquash
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(19.10.06 12:24)
You have nothing to lose, and a comparatively modest amount to gain. Send it. Fight for your right to party (in a tidy and responsible fashion).
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erudite baboon
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(19.10.06 12:39)
He does seem to say that he's already sent the deposit, so his threat to charge us extra for the fridge seems a little redundant. And he does seem to like using the phrase 'This is not negotiable' as though it's a legally binding statement.
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Oink
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(19.10.06 12:47)
I think he's trying to con you. I think he'll take your money and won't use it to do up the flat.
It happened to Big Boy and his housemates. They know because they made friends with the next tenants and asked about repairs to the things they'd been charged for.
You have rights. Fight for them.
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Olivia Joules
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(19.10.06 12:56)
I am with Oink, I dont think its because of your ex-flatmate that your landlord acted in the way he did, He is a twat and he acted the way he deemed right - you should remove that part.
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pog
(19.10.06 12:57)
That response reads v well, Babs - not a sign of temper and I reckon you should keep copies of everything in case of any more nonsense. Also, if he failed to respond to previous complaints and also failed to check the flat when you moved in, he doesn't have a leg to stand on m'dear.
(I don't usually do this, but your spammer reads 'onist'. Oh really?)
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erudite baboon
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(19.10.06 12:57)
Oh shit! I just sent it! Oh well, what's a couple of hundred quid anyway...
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quips
(19.10.06 13:12)
Agreeing with purple (i realise that advice is a bit late), but to say "pay x or I'll make you pay Y" is a load of w*nk and wouldn't hold up even a smidgen. He's bullying you, and I think the professional tone of your response (apart from the "smelly" part will serve you well. Getting on his side will also do you no harm, if you don't mind screwing over your old housemate.
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erudite baboon
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(19.10.06 13:16)
I had to check - for a moment I was worried I might have left the 'smelly' in!
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MakTheYak
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(19.10.06 14:05)
Blimey, that's dreadful. You should not have to pay for the renovation of the flat when it was in rubbish condition when you got there. Likewise you shouldn't hav eto pay for a new fridge when you got a crappy old one. The fridge just needs cleaning right? No need for a new fridge entirely! This guy sounds like a total knob and people like that will try and get every last penny out of you even when they're not entitled to it. Instead of offering to pay for the cleaning of the windows I'd have offered to go and do it - how long could it possibly take? Argh, this makes me angry. Let us know about the outcome 
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peanut
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(20.10.06 12:23)
always take pics when you move in and then send these with a letter to the lanlord immediately. That way they know from the get go that they are not dealing wiht some chump. Or chimp, even.
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