court threats

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    court threats

    Hi all, briefly, tenant left,short notice, i informed him deposit would be returned if house was rent-able, after inspection work was required along with items missing told him i will refund part deposit. He informed me he was taking me to small claims for all deposit plus interest plus costs. Court papers arrived today, does he stand a chance of winning, house is in Northern Ireland, thanks

    #2
    Does NI works under same legislation as England & Wales ?

    If Yes then you will need to prove condition Before and after ( inventories/ pics /vids)
    If you have none dont waste your time and return 100% of dep
    If you have good & string indisputable evidence then you will need to produce proper invoices to put a successful claim on the T money/dep
    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
    W.Churchill

    Comment


      #3
      Thank you Rodent1, I have no record of the property condition before renting but plenty of pictures of the aftermath.Lounge carpet badly stained, damage to kitchen appliances, window blinds, woodwork, paintwork, rooms very badly painted, items missing(no innovatory), rubbish hidden among other things.The tenant ended up with 5 adults in, instead of 2 and taking deposits from the others.Thanks for your reply

      Comment


        #4
        You don't mention if the deposit was protected in a tenancy deposit scheme. I just wonder why the tenant is going via small claims rather than the scheme you are registered with. It's their right, but I just wondered...

        If the deposit wasn't registered I would imagine you will definately loose, unless you have a very convincing mitigating circumstance! If it was registered, then maybe your photos will help, but without a context (ie photos of before the let) it may be difficult
        IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

        Comment


          #5
          Originally posted by johnomac View Post
          I have no record of the property condition before renting plus (no innovatory),
          I'd be willing to bet that you'll lose in Court. Without an inventory or schedule of condition from before the tenant moved in, you have no hope of convincing a court of the chages to the property after they left.
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment


            #6
            Originally posted by Rodent1 View Post
            Does NI works under same legislation as England & Wales?
            No. Its legal system is quite different, just as Scotland's is.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

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              #7
              Thanks everyone for the replies. There is no requirement for a deposit scheme here yet,I believe, I would think of paying just to stay out of the court but he is now looking interest of £1 per day, already at £130 plus £50 court fees. I don`t know if I should get a solicitor to see what he thinks . Thanks again

              Comment


                #8
                If it were me, I would go to court and show the judge the pictures. Worst that can happen is you will lose, isn't it?

                Comment


                  #9
                  Going to go with your thinking Jamesnight1, spoke to another landlord and that was his reckoning, he also said the fact T left on short notice may well go in my favour, worst case I may have time to pay him back , wish me luck, thank you all.

                  Comment


                    #10
                    Yes indeed - good luck! Please come back to this thread and let us know what happens.
                    IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

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