Can Landlord Counter Claim When Deposit Not Protected?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Can Landlord Counter Claim When Deposit Not Protected?

    Long story, but I have a current claim through the third tier tribunal. My landlord didn't have gas safety, PAT, and kept my deposit in their bank. When we moved out, I took substantial photos and even filmed every part of the house and inside cupboards etc to show the condition we left it in. The landlord tried to pay me back using a cheque, but I couldn't cash that in so I refused. They got really defensive and started arguing through text message, so I just went through the tribunal to claim it back. Despite not having a problem with the house's condition at the time, they are now arguing that there is substantial damage and broken items. They have included a photograph of a dirty pan (very blurry and out of focus) and an oven tray. However, I have film footage showing everything sparkling clean. Their defence is ignorance, that they did not know about this process of protecting deposits (it's been 8 years?!) and that they were going to return the deposit but now they are hesitant since there's so much damage. My questions, regardless of the fact I have proof there's no damage. Can they try to withhold my unprotected deposit, using the excuse of damaged property? I thought that the entire case was about their failure to protect the despot, so regardless of any other argument, they are guilty and will pay the 1-3 x penalty. But now I'm not so sure, I am confident given the evidence that I gathered and their defence makes them look foolish. They have submitted a false tenancy agreement (unsigned of course because its not the one I signed) and scanned din gas safety and PAT testing dated from after we left the property (the court have the date that we moved out and should read the certificates and see that they were produced after we left). There are zero certificates for our tenancy, as they don't exist, and I hope that this shows that the other defence is a lie too.

    #2
    Long paragraph!

    There is no legal requirement for a PAT.

    You should be suing for the deposit as well as the penalty.

    It's not going to look good for them that they failed to return the deposit.

    Why were you unable to cash the cheque? Returning the deposit as cash would be almost as much trouble.

    I assume they can counter-claim for the damage.

    They won't get off for ignorance of the law, although, if believed, they might get away with less then 3x.

    Claiming spurious damage is a common response to claiming the non-protection penalty.

    Comment


      #3
      Originally posted by leaseholder64 View Post
      Long paragraph!

      There is no legal requirement for a PAT.
      Yes there is in Scotland (if the landlord has appliances), a boiler counts as an appliance as well as a hob, hood etc.

      Comment


        #4
        The courts should use the same principles as the deposit scheme, and the failure to go through scheme arbitration might result in costs going against them, even if they technically win.

        I don't know if the Scottish angle makes s difference, but in England it is considered difficult to bring a penalty claim without a lawyer to help navigate the system.

        Comment


          #5
          The gas and electrical stuff seems totally irrelevant to your claim. Yes the landlord can file a defence and counter claim. That might fail -- we cannot see the evidence. Your claim probably won't fail if it is as you say.

          Why did you refuse payment? -- you cannot refuse to accept a cheque because you cannot deal with cheques. The fact that it is trouble to cash a cheque is irrelevant -- it is a perfectly legitimate mode of payment, and you cannot dictate how money is paid.

          Comment


            #6
            Cheques aren't legal tender, so they don't have to be accepted, however refusing to accept it will not look good. Generally looking good affects how costs are handled, but could push the judge over the edge in borderline cases. You are expected to help yourself, as far as possible.

            You should be able to post a cheque to the bank, and if you have the bank's app, most will now allow you to submit a photograph of it, electronically.

            Comment

            Latest Activity

            Collapse

            Working...
            X