Landlord/Rental Query- Legal Advice

[THE MIGHTY QUINN]

I'm no legal expert but I'd suggest that's the best advice you've received since you started this thread. This woman is no fool, she will know her rights and I'm pretty damn sure she'll not have gone to an internet sports forum for advice

[giveherlong]

Thanks for all the replies

[Maguire01]

One other point. If she's willing to pursue this, she'll do it through the small claims court. Little risk for her, no need for solicitors, and potential hassle and extra cost for you.

[giveherlong]

Was thinking of that. What if I get a quote for repair work (got a quote over phone for approx £70) or make an offer as gesture of goodwill?

[Apparently so]

Offer her a packet of softmints. The blue ones, the green flavour is shite. No surrender

All the best

[under the bar]

Even if it did go as far as a soliciter, I dont think you would be liable. You could have dropped ashes when cleaning out the fire, there is a general amount of wear and tear allowed, sounds like she is taking the piss. All she needs to do is throw an ole rug over it and if she is renting it out it will be no big deal.

I'm not sure id be holding much sway on legal advice given to me by a person who can't even spell solicitor

Lol.  Post/reply of the year so far!

[Armaghgeddon]

She wont take you to court over £250 not worth the effort of the money.

[Black Card]

Let her go whistle, similar thing happened us when we were students, my mates father said that as we were students we could afford to pay £1 a week which they could collect.  Never heard anything back.  Although in saying that if the value for money luxurious accommodation you were renting makes you feel that landlord warrants a new carpet (I am sure it was pristine when you moved in) fire her the £250. 

[Rois]

Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 

You assume this lady will not pay for a solicitor's letter - out of principle I would chase you, and I could find a solicitor to advise me at mates rates, I'd say this woman could too.

My deposit is handed over to the tenancy deposit scheme so I wouldn't have been able to get my hands on it for your last month's rent.  And my tenancy agreement says specifically that the deposit will not be used to cover the last month's rent. 

[cockahoop]

i am a landlord and have had a similar problem myself,now i am totally against these landlords who will look for any petty reason not to return your deposit and i am very surprised she agreed to let you use your deposit against your last months rent but if she said the carpet is damaged i would arrange to meet at the property and come to some agreement.
She will most likely pursue your through the small claims as in 9 out of 10 cases it will favour the landlord and will only increase your costs as you will have to pay for all legal costs.

[Milltown Row2]

Thanks for all the replies

As the Antrim county board, they have been great with their last tenants

[Black Card]

Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 

You assume this lady will not pay for a solicitor's letter - out of principle I would chase you, and I could find a solicitor to advise me at mates rates, I'd say this woman could too.

My deposit is handed over to the tenancy deposit scheme so I wouldn't have been able to get my hands on it for your last month's rent.  And my tenancy agreement says specifically that the deposit will not be used to cover the last month's rent.

And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy bastards.

[Rois]

Ye tighta$$!  Pay the poor woman.  (I am now a landlady and if I'd specifically told my tenants to use a fireguard and they burned the carpet, well they wouldn't have much comeback). 

And when they specifically tell you of an issue I am sure you are on the ball.  In my 4 years living in rented accommodation in Belfast I found all the landlords to be greedy b**tards.

I sure am - I've lived in enough rented places myself and had pretty good landlords in that time. 
Within the first four months of renting the place out I had to replace a broken shower and a broken washing machine door, all done asap.  I'd be mortified if there was something wrong and I hadn't fixed it.  I'd like to keep the tenants as long as possible so it's in my interests to fix whatever needs fixing.

[brokencrossbar1]

Morally you should pay to have it fixed but I would question the price of £250. If you are minded to pay it like has been suggested get a second quote. 

From a legal point of view though I wouldn't say it is as clear cut as people are suggesting.  Once you go over the 12 months the tenancy runs on a rolling contract but all the terms of the agreement remain in place.  Once she agreed to accept your deposit as the last months rent and didn't carry out an inspection then she tookon the risk as the terms of the tenancy no doubt changed.Like Rois said above she should have held the deposit and made you pay the last month as that was how the tenancy normally works.  She can of course take this to the small claims court but I would think that this would be more hassle than it is worth.   I would ride it out for now  but have a idea of how much it would cost with your own supplier.

[Geoff Tipps]

In my experiences with landlords they will do anything to avoid having to return the deposit or part thereof.
If you feel no moral obligation to refund  the £250, don't bother.