Court case

[Moving out]

We have had a 2 year tenancy where there was no ingoing or outgoing inventory, the landlord has retained the deposit and has produced receipts and statements as to the property condition justifying his retention of the deposit. These statements we know to be false and we can repudiate several of his claims. He has also issued a counter claim stating that he couldnt re-let the property for one month. I believe he would have to have a tenant available for this claim to stand. Does anyone have any advice?

He has no inventory or photographs, but has produced statements from his letting agent and a few receipts from workmen.

[mind the gap]

We have had a 2 year tenancy where there was no ingoing or outgoing inventory, the landlord has retained the deposit and has produced receipts and statements as to the property condition justifying his retention of the deposit. These statements we know to be false and we can repudiate several of his claims. He has also issued a counter claim stating that he couldnt re-let the property for one month. I believe he would have to have a tenant available for this claim to stand. Does anyone have any advice?

He has no inventory or photographs, but has produced statements from his letting agent and a few receipts from workmen.

Without a properly conducted inventory check at start and end of tenancy, he has not got a leg to stand on. Ask for your full deposit back in writing and advise him that you have taken advice and in the absence of an inventory signed by you, he has no evidence on which he can legally claim to keep any of your money. Tell him he has him 7 days to respond before you press 'send' on your online claim.

FIll in an online claim (moneyclaim online.com) for the full deposit plus £30 cost of claim, and attach a print out of this claim to your letter so he knows you mean it.

The chances are he will pay up before it gets to court, but if you hear nothing after 7 days, proceed with your claim. Judges take a dim view of LLs who behave like this and the chances are you will get all or most of it back and he may end up with a county court judgement against him.

Keep a record of all communication with him and evidence of it where possible. Keep the invoices/receipts etc he has presented to you for payment and gather evidence to prove they are bogus if you believe them to be so.

Good luck - get back to us if you need further guidance.

[Moving out]

Hi, we have already done this and are in court in the next few days. We sent our final statements to him on the court deadline date. He has instructed a solicitor who sent unsigned statements back to us a day past the deadline date.

He is counter claiming for a washing mashine which was in perfect working order when we left, a months rent saying the property was unfit for tenants, even though he had no tenant ready. He is also claiming for cleaning costs, we left the place in good order, no rubbish, all cleaned to a good standard. He is claiming for rendering work of a bodged job that his own workmen did claiming we bodged it, the unblocking of a sink and various other things.

We tried to meet the landlord at the property at the end of our tenancy but he didnt turn up 3 times. No check in or check out was done.
He has supplied lots of receipts in his counter claim from workmen, some undated, for work that just didnt exist, decorating, cleaning, rubbish removal etc. we didnt leave one item of rubbish! fixing holes from where pictures where put up in the bedrooms where we never had any pictures hanging!and statements from his letting agent who is blatantly telling lies and his business partner, also telling lies...

I will post the outcome of the case later this week but would appreciate any advice before Wednesday.

[mind the gap]

See thread begun by Sirius yesterday called 'Possesion claim (inc arrears) what happens next? Useful advice there for anyone going to defend a claim in court.