No Inventory and No TDS. Landlord taking me to court for damages and arrears.

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    No Inventory and No TDS. Landlord taking me to court for damages and arrears.

    My previous landlord is being an insufferable nuisance and has threatened to make a money claim for damages to his flat and less than 1 month money in arrears.

    I have plenty of email correspondence to prove that despite saying that my deposit was with the TDS they may have been an "oversight" and promptly returned the deposit. They returned it to issue an S21 by the way!

    I have asked them to settle out of court which they ignored and deemed it as a threat.

    They provided no inventory accounting to the condition of the property at the start of my tenancy and are seeking damages for marks on walls, some cleaning and cracked glass!

    I know for sure that they will pursue this as they are very very principled people!

    I have ceased all contact with them as they are email warriors when it comes to communication

    I need advice as how to handle the defence when the money claim from the courts is received.

    Thanks in advance.

    #2
    Originally posted by overthetop View Post

    They provided no inventory accounting to the condition of the property at the start of my tenancy and are seeking damages for marks on walls, some cleaning and cracked glass!
    First things first, did you mark the walls, leave the property in need of a clean and crack a window?

    Comment


      #3
      Of course not.

      Further more 2 weeks before i left the property they stated in an email that I " looked after the flat well and was a good neighbour". But on the day of leaving they stated I was a bad tenant and had been for many months. They have in just a couple of email contradicted themselves.

      See what I mean when I say they are insufferable.

      Comment


        #4
        Originally posted by overthetop View Post
        Of course not.
        You've said they're very principled people though, surely that would make it unlikely they're pursuing a fraudulent claim?

        Comment


          #5
          I promise you they will pursue it despite having no proof of the condition of the flat at the start of tenancy.

          They believe that providing receipts for repairs and cleaning will be proof enough.

          Just to add in a bid to pursue a response from me they copied a friend of mine in on emails relating to these claims - that friends email address was a work one and could be viewed by others.

          Here is an email from them on the day I moved out. Let's put this in perspective - was 3 weeks out of a major operation which left me with mobility issues and prior to that one of my parents passed away as well as a close friend....I had communicated my circumstances with them throughout.

          "Your behaviours in the last few months as a tenant have demonstrated a remarkable and shameful lack of appreciation for anything other than your own personal needs and in these circumstances it is extremely difficult to take account of the hardships you have spoken about", It went on to say... "You must take responsibility for your own actions and inactions."

          My personal needs were exceptional and extremely distressing.

          Just 2 weeks prior they stated I was a good tenant and looked after the flat well and was a good neighbour,

          Comment


            #6
            I'm assuming the earlier "good" report was a reference?

            Rightly or wrongly landlords often give decent references to ensure a tenant moves out.

            In regards to the damage it will doubless now go to court.

            Either you make a claim for penalty and the landlord will counterclaim or everything may have been in order and the landlord may well make a claim against you.

            It sounds as though via email you are both winding each other up and court may be the best option to clear things up

            Comment


              #7
              In order to advise if you do have a claim regarding penalty when did you move in and pay deposit? We're there any renewals or periodic tenancies and did you receive prescribed information telling you where the deposit was?

              Comment


                #8
                I moved in last year, paid a deposit via bank transfer and received a receipt stating that "This deposit will be vested in the Deposit Protection Scheme, of which details will be provided in due course. "

                It was 4 months later when I was informed that they intended to issue Section 21 Notice. My parent passed away a day later and they returned my deposit as an act of compassion and to "assist" with me looking for a new abode.

                A few days after the deposit was returned they formally issued the S21 notice, at which time I enquired about the scheme the deposit was held. It was then I was told that due to an oversight they had not placed it in a scheme.

                They even stated that as I had not checked with any of the TDS agencies to check if my deposit was secure that the responsibility could be deemed as a "shared responsibility"!

                The tenancy was a standard AST 6 month contract.

                Comment


                  #9
                  Originally posted by Wright76 View Post
                  It sounds as though via email you are both winding each other up and court may be the best option to clear things up
                  I learnt that lesson already. I have sent no further correspondence to them.

                  Comment


                    #10
                    It could be deemed as a shared responsibility only if they made errors with the deposit protection that you knew about and didn't tell them. You would have firstly needed to receive the prescribed information.

                    If you are 100% sure that it was never protected then a penalty will be due. The value will be between 1 and 3 times the value and I have read that taking action against the agent usually brings a higher penalty than a landlord.

                    Rather than emailing, send them a written letter before action. Advise them that you are aware the deposit was not protected and not within 30 days of it being paid. Advise them that the law states you are entitled to a penalty of between 1 and 3 times its value.

                    You portray these people as decent and I'm guessing you agree that you did leave with arrears?. I doubt they would have cracked glass on purpose to make a claim against you and I'm also guessing that somehow this was caused during your tenancy?

                    I would personally request that all arrears and claims for damages are dropped in regards to your counterclaim for a deposit penalty and that all demands and emails between you cease.

                    You have the option of court but for what more you may gain I personally wouldn't face the hassle. They would be unwise not to agree

                    Comment


                      #11
                      Originally posted by Wright76 View Post
                      I would personally request that all arrears and claims for damages are dropped in regards to your counterclaim for a deposit penalty and that all demands and emails between you cease.
                      If I read this correctly, you are suggesting tenant proposes "Landlord drop any claim for rent or damages and tenant will drop any claim for non-protection of deposit".

                      That sounds like a reasonable proposition.

                      Comment


                        #12
                        Wright76,

                        I am drafting a letter now.

                        I received a checklist 'how to rent' guide booklet from the landlords at the start of tenancy. In that booklet it states that if the landlord asks for a deposit, check that it will be protected in a government approved scheme. Some schemes hold the money, and some insure it.

                        Will this affect my claim despite them stating they would put my deposit in a TDS . They did not state which one and never stated that they did not until I asked them.

                        This is the email I received from them regarding the deposit:

                        I, NAME confirm that I have received the sum of £xxxxx as a deposit for the rental

                        of ADDRESS.

                        This deposit will be vested in the Deposit Protection Scheme, of which details will be

                        provided in due course.

                        Comment


                          #13
                          The OP cannot prevent LL claiming for T damage from deposit, but without move in/out Inventory LL will have an uphill struggle.
                          The LL appears to have received advice about returning unprotected deposit before serving s21.
                          OP has had a good vent, but has forgotten sh1t happens and, however distressing, someone dies every day, but hopefully not Family or a friend.
                          Any LL would be cautious of T excuses.

                          Comment


                            #14
                            The landlord will struggle to make a claim acceptable to a court.
                            They have to be able to show that there is damage beyond fair wear and tear caused during the tenancy, and, without a check in inventory, they won't really be able to.

                            By not protecting the deposit, they have declined to offer you the free adjudication process which is part of each tenancy deposit protection scheme.

                            Not protecting the deposit is more than a barrier to serving a s21 notice - it carries potential penalties - have a read of the shelter web site (where there are some helpful standard letters).
                            The landlord would be daft not to drop the claim.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Assuming they will proceed with a money claim for the arrears can I use evidence that they did not secure the deposit as a defence or counterclaim on the court document.

                              The arrears are one month's rent.

                              Comment

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