Housing act help?

[thejanegirl]

I am at court this Thursdays with my ex landlord who has withheld all of our deposit, but has failed to provide any proof of any work being done.

We signed our contract July 06, so we are not protected with a TDS. I remember reading somewhere that under the housing act she is required to provide quotes and proof of the work being done to withhold any part of the deposit. I would like to have this with me in court to quote the correct section, my problem is when searching all i am getting is information about how the new system works. If anybody could point me in the right direction would be great.

Thanks

[MrShed]

I doubt you will find any such section - it is more a common law issue. Deposits and deposit deductions arent really covered by the HA - they are dealt with via common law. The reason why they must provide invoices/quotes is in court it would be pretty much the only way to prove financial loss, and the onus of proof is on them to prove these losses.

Hope this helps.

[thejanegirl]

She has not provide invoices/quotes to the court, she has gave a statement stating that quotations can be provided if required, but she has entered her statement 7 days after the 14 day deadline given by the judge to provide the court and myself with anything that she may wish to use in court

[thejanegirl]

despite the fact she submitted her statement and photos 7 days after the deadline the judge allowed her to use them! also the fact that she had no inventory didn't make much difference, the judge simply informed her she should have done one he also didn't take into account that she has never made any contact with us or provide invoices or quotes for any claimed work, she also changed her storey from her defence statement claiming the work had been done to she was waiting to get it done, again overlooked. Makes you wonder why the court sets deadlines or laws are in place.

In the end he dismissed her claim to replace a carpet and wood floor and gave her money towards unreasonable ware and tare. so out of our £850 deposit she got £500, but then she was ordered to pay our court costs so we get back £505 which upset her and her boyfriend, so all was not lost lol

Just one quick question, as she lost and had a judgement made against her to pay back some of the bond, will this mean she now has a CCJ?

[MrShed]

Technically yes, but if they pay it within 14 days(I think) the CCJ is removed.

Small claims can be annoying in this way. There is no proof that you caused any damage, however in small claims the decision is on "the balance of the evidence", which may as well translate to "who the judge believes".