Tenancy dispute ends up in the High Court?

A dispute over dog hairs on a carpet and scratches on a door in a buy to let home ended up in a libel action before the High Court.

The landlords had let a house in Hampshire and at the end of the tenancy claimed that some of the deposit should be retained to cover cleaning and repairs. The landlords claimed dog hairs on a carpet proved the house was not professionally cleaned before the handover when the tenants moved out and that scratches on a door were damage caused by the dog. The couples rowed over how much of the deposit should be kept for cleaning and repairs, leading to the landlords writing to the letting agent about the matter.

The tenants claimed the letter libelled them, alleging they were not good tenants and failed to look after their pet and they issued a writ claiming damages and sought an injunction against their landlords.

The judge rejected the claims. He explained they were not libel and were covered by a defence of qualified privilege as the letting agent had received the letter in a professional capacity and that the tenants could not prove the allegations were malicious.

We always recommend compromise when dealing with end of tenancy disputes, it does no one any good to end up in the High Court - except the lawyers of course!