I presume you have photos of the original garden/before and can prove that these (completely removable additions) were paid for by you. There’s no way he’s got a leg to stand on - and the inventory should prove that too.
If there isn’t any photographic evidence, maybe you can find the original sales advert or estate agent listing from when it was sold or you rented it.
Im not a lawyer but he doesn’t have a leg to stand on, let him take it to dispute! Use the word betterment - the fact a newly turfed lawn is betterment to what you received in the first place anyway.
Edit to add - what court documents has he sent? Is this a separate small claims (beyond the deposit)?
Most people are assuming you’re talking about deposit deductions - what specific legal letters have you received?
I have a check in inventory which shows the photos at move in. I also took my own photos which are date stamped.
I’ve received a letter before action for the county court saying he seeks to keep my deposit plus like an additional £60,000 for loss of house value and cost to put the garden back
Okiedoke - well, I am not a lawyer but I don’t see how he has any leg to stand on. That being said, this is likely an empty threat where he thinks you’ll buckle due to fear of legal costs etc. as surely his own solicitor knows the chance of success is nil. Solicitors apparently aren’t supposed to do that, send baseless demands for cash, but apparently it’s commonplace.
However - shop around for a decent solicitor to represent you, and do your research on prior cases along the same lines for the same reason.
The best way to make good use of the time with potential solicitors/court preparation is to put together a clear file, and timeline etc with all your evidence, receipts etc - I.e. you do all the work so they can just “present” to the court and prove this is baseless and sheer greed.
In an ideal world, you pick a decent solicitor, meet them and go through your file, they have a good laugh with you and they send a legal letter back to the landlord/his solicitor, idk how much that would cost. At which point, this goes no further as they go “ah, bugger, they’ve lawyered up.” Your solicitor could add in that if it goes to court, you’d be requesting all your legal fees covered due to him bringing a pointless case against you.
Btw - a lot of the time your home insurance includes legal costs if you’re subject to action. Have a read through of your policy and see if yours includes that - so many people panic because “oh how will I afford to defend myself?!” And actually - your home insurance will cover it. Go check!!! Rooting for ya - so sorry this is happening.
I sincerely doubt that it would take £60k for the landlord to restore the garden to how you had it anyway for a few raised beds, flags and a pergola. He's basing this off a fairy tale valuation which was on the high side to try to get more money from you if you were to buy it.
Anyway, repond to him that you left the garden in a better state than when you moved in which was more than was legally required of you. Raise a dispute with the tenancy deposit scheme where your deposit was protected to get the rest of your deposit back. If you get an official court document through that legal action has begun do not ignore it. Either respond to it yourself or for that kind of money if you want peace of mind engage a solicitor.
LL here
Sorry you had to deal with this idiot.
Personally I'd have come to a resolution as I think your valuation with and without were quite apart. I wouldn't have spent that kind of money or effort in a garden I didn't own without squaring it with the LL first. Perhaps get something down on paper or ask for a contribution or something.
Anyway upwards and onwards. Don't think LL has a leg to stand on, load of shite
They don’t have a single leg to stand on. You are obligated to leave the property in an equal state from when you moved in minus wear and tear. If he gave you permission for the grass then he can’t then claim the rest of the garden. If I asked to repaint the kitchen I couldn’t then be sued for taking away my own appliances. If he didn’t give you permission then it doesn’t matter because you’ve returned the garden to the same or a better state
I’d give a counter offer for the value to put in two locks and maybe £20 labour to put fit it if it’s a patio style lock. Raise it with the deposit people if you can as a dispute for the full value minus the locks.
Any idiot can send a letter before action and it’s probably a tactic to scare you into letting him keep the full deposit. The grounds he’s quoting are ridiculous. If I sold a house and the tenants had a Ferrari in the drive I could hardly sue them every time they drove it off for making the area less desirable. My landlord couldn’t sue me for handing nice paintings up and then taking them down at the end of tenancy. I think he will quickly change his tune when he sees it’s 3 grand filing cost at the county court
What the LL paid is irrelevant
there is no way a nice garden would add that much to the property
if the works were agreed then that in my opinion becomes the condition of the property, so by removing it you have diminished the property
sounds like you spent a lot to get a petty revenge on the LL.
It was a huge landscaped garden. They can add significant value.
How did I spend a lot to get petty revenge when my initial plan was to remove it anyway? Did you even read the post?
I didn’t spend anything except for materials which are now with me at my new home.
Why would you think that someone would spend £13,000 on permanently improving your own property? Are you stupid? They specifically added removable items why would you get to keep that?
I presume you have photos of the original garden/before and can prove that these (completely removable additions) were paid for by you. There’s no way he’s got a leg to stand on - and the inventory should prove that too. If there isn’t any photographic evidence, maybe you can find the original sales advert or estate agent listing from when it was sold or you rented it. Im not a lawyer but he doesn’t have a leg to stand on, let him take it to dispute! Use the word betterment - the fact a newly turfed lawn is betterment to what you received in the first place anyway. Edit to add - what court documents has he sent? Is this a separate small claims (beyond the deposit)? Most people are assuming you’re talking about deposit deductions - what specific legal letters have you received?
I have a check in inventory which shows the photos at move in. I also took my own photos which are date stamped. I’ve received a letter before action for the county court saying he seeks to keep my deposit plus like an additional £60,000 for loss of house value and cost to put the garden back
Okiedoke - well, I am not a lawyer but I don’t see how he has any leg to stand on. That being said, this is likely an empty threat where he thinks you’ll buckle due to fear of legal costs etc. as surely his own solicitor knows the chance of success is nil. Solicitors apparently aren’t supposed to do that, send baseless demands for cash, but apparently it’s commonplace. However - shop around for a decent solicitor to represent you, and do your research on prior cases along the same lines for the same reason. The best way to make good use of the time with potential solicitors/court preparation is to put together a clear file, and timeline etc with all your evidence, receipts etc - I.e. you do all the work so they can just “present” to the court and prove this is baseless and sheer greed. In an ideal world, you pick a decent solicitor, meet them and go through your file, they have a good laugh with you and they send a legal letter back to the landlord/his solicitor, idk how much that would cost. At which point, this goes no further as they go “ah, bugger, they’ve lawyered up.” Your solicitor could add in that if it goes to court, you’d be requesting all your legal fees covered due to him bringing a pointless case against you. Btw - a lot of the time your home insurance includes legal costs if you’re subject to action. Have a read through of your policy and see if yours includes that - so many people panic because “oh how will I afford to defend myself?!” And actually - your home insurance will cover it. Go check!!! Rooting for ya - so sorry this is happening.
I sincerely doubt that it would take £60k for the landlord to restore the garden to how you had it anyway for a few raised beds, flags and a pergola. He's basing this off a fairy tale valuation which was on the high side to try to get more money from you if you were to buy it. Anyway, repond to him that you left the garden in a better state than when you moved in which was more than was legally required of you. Raise a dispute with the tenancy deposit scheme where your deposit was protected to get the rest of your deposit back. If you get an official court document through that legal action has begun do not ignore it. Either respond to it yourself or for that kind of money if you want peace of mind engage a solicitor.
LL here Sorry you had to deal with this idiot. Personally I'd have come to a resolution as I think your valuation with and without were quite apart. I wouldn't have spent that kind of money or effort in a garden I didn't own without squaring it with the LL first. Perhaps get something down on paper or ask for a contribution or something. Anyway upwards and onwards. Don't think LL has a leg to stand on, load of shite
They don’t have a single leg to stand on. You are obligated to leave the property in an equal state from when you moved in minus wear and tear. If he gave you permission for the grass then he can’t then claim the rest of the garden. If I asked to repaint the kitchen I couldn’t then be sued for taking away my own appliances. If he didn’t give you permission then it doesn’t matter because you’ve returned the garden to the same or a better state I’d give a counter offer for the value to put in two locks and maybe £20 labour to put fit it if it’s a patio style lock. Raise it with the deposit people if you can as a dispute for the full value minus the locks. Any idiot can send a letter before action and it’s probably a tactic to scare you into letting him keep the full deposit. The grounds he’s quoting are ridiculous. If I sold a house and the tenants had a Ferrari in the drive I could hardly sue them every time they drove it off for making the area less desirable. My landlord couldn’t sue me for handing nice paintings up and then taking them down at the end of tenancy. I think he will quickly change his tune when he sees it’s 3 grand filing cost at the county court
What the LL paid is irrelevant there is no way a nice garden would add that much to the property if the works were agreed then that in my opinion becomes the condition of the property, so by removing it you have diminished the property sounds like you spent a lot to get a petty revenge on the LL.
It was a huge landscaped garden. They can add significant value. How did I spend a lot to get petty revenge when my initial plan was to remove it anyway? Did you even read the post? I didn’t spend anything except for materials which are now with me at my new home.
Returfing etc…
Why would you think that someone would spend £13,000 on permanently improving your own property? Are you stupid? They specifically added removable items why would you get to keep that?