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

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    #16
    If you owe a month's rent, you should pay that - rent is either owed or it isn't.
    The damage claim is completely diffferent.

    Your basic "defence" is that a) the money isn't owed (unless it is for rent) because the landlord hasn't shown they've suffered any loss, b) by not protecting the deposit, the landlord has removed an opportunity to resolve the issue without costs, so you would like the court costs to be awarded against the landlord and c) the failure to protect the deposit is something you would like the court to consider awarding you the complete deposit and penalty. Small claims courts aren't meant to hear deposit protection cases, but they do and they might.

    It's most likely to be sent to arbitration first, and the landlord won't show up.
    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).

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      #17
      Originally posted by jpkeates View Post
      Small claims courts aren't meant to hear deposit protection cases, but they do and they might.
      Particularly if you have offered a settlement as suggested above and they have refused.

      Comment


        #18
        You do not need to provide evidence that the deposit was not protected. It is up to them to prove that it was.

        They have made a mistake and should recognise that a claim against you Is futile under the circumstances.

        There's no excuse for leaving with rent arrears and especially given that the deposit was returned to you before you left.

        You would have been in a better position to negotiate an out of court settlement with a higher end of the penalty if you hadn't left a mess behind.

        As it is, you may have annoyed the landlord so much that he will risk a court case against you. Remember that you are only guaranteed x 1, the rest Is a gamble. I would personally not take the risk but he may now still go to court regarding the arrears and damage.

        Your defence would then be that you issued your own letter before action and would like any penalty offset against any order that Is made.

        As jpkeates suggests the deposit penalty shouldn't usually be dealt with by small claims but it often Is

        Comment


          #19
          My deposit was returned to me issue a S21 Notice, not as an act of kindness! And i did not leave a mess behind me other than 1 months arrears because of exceptional circumstance. They have no evidence of the damage etc as no check-in inventory was produced.

          So issue a letter of intent for court action regarding the deposit and then use that in my defence?

          I could not care less if they proceed with court action, as their claim is futile in light of the deposit scheme failure.

          Comment


            #20
            A months rent arrears is the equivalent of a penalty x 1 though.

            Had you have paid the arrears you would be in a better position to argue a bigger penalty.

            As it is now, your taking a risk that if you do go to court you won't be awarded court costs and your effectively in a stand off with the landlord. I would send them something like this:

            Dear....

            Please accept as a letter before action save as to costs.

            I am writing with regards to your recent demands regarding rent arrears and damage which you claim was left at the property which I rented from you.

            Whilst I dispute that any damage was left, I do acknowledge that rent arrears were outstanding for which I am liable.

            I have sought legal advice, and on the grounds that you left my deposit unprotected by a government scheme I am entitled to a penalty from yourself of between one and three times its value. The minimum award to me will be x 1.

            In light of the above I believe it would be in both of our interests that we accept that we are both owed a sum and agree to end this matter.

            I will not take further action to pursue my right to a penalty upon your written agreement that I will not be contacted again I regards to monies that you claim are due.

            If an agreement is not made I will make an application to court via a solicitor who will pursue the maximum penalty of x 3 plus all costs. You will be entitled to counterclaim which will cover the losses you claim I caused.

            Yours

            Comment


              #21
              Originally posted by overthetop View Post
              And i did not leave a mess behind me other than 1 months arrears because of exceptional circumstance.
              Well that's all right then - your exceptional circumstances obviously mean that the landlord shouldn't worry about the money you owe them.

              Do you apply the same principle to other money you owe?
              Presumably the people you owe it to are happy to ignore the debt because "circumstances"?

              I have every sympathy for someone having trouble paying what they owe (been there!), but it doesn't stop the money being owed, it just stops you being able to pay it now.
              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

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