TDS - Can other issues influence the court's decision?

[tenant123]

I have recently submitted a claim to the county court with regards to my landlord failing to protect my deposit.

He has since submitted a defence basically stating a pack of lies that I have damaged the property, not paid rent etc. He has admitted in his defence that he hasn't protected my deposit, stating he knew nothing about it, and seems to be relying solely on these issues he has made up to get a ruling in his favour. Could this have any impact on the court's ruling over the TDS issue, or will they simply tell him that he needs to make a seperate claim against me for these issues? I have no problems with defending myself against these claims, which as I said are totally ficticious, but I would rather the TDS issue wasn't clouded by them.

Any help & info would be much appreciated.

[Steve__M]

I don't see how unless he has submitted the evidence as part of a counterclaim (sounds like he hasn't).

Can you apply for summary judgement given he has admitted the claim?

I am not a lawyer - just a curious spectator! Best of luck.

[Alison82]

I heard from TDS that it doesen't matter, they broke the law not you

[Planner]

Originally Posted by tenant123

I have recently submitted a claim to the county court with regards to my landlord failing to protect my deposit.

He has since submitted a defence basically stating a pack of lies that I have damaged the property, not paid rent etc. He has admitted in his defence that he hasn't protected my deposit, stating he knew nothing about it, and seems to be relying solely on these issues he has made up to get a ruling in his favour. Could this have any impact on the court's ruling over the TDS issue, or will they simply tell him that he needs to make a seperate claim against me for these issues? I have no problems with defending myself against these claims, which as I said are totally ficticious, but I would rather the TDS issue wasn't clouded by them.

Any help & info would be much appreciated.

To my mind these are two completley seperate issues, and you shouldnt be shy in making the judge aware of your feelings should he begin this type of discussion. Your claim is "Has TDS been complied with? yes or no". Out of interest what route did you use N1 or N208?

I would take steve_m advice and move for judgement because of a non existance defence, that actual admits not complying with TDS! Your LL should submit a counter-claim for these types of issues.

[waterbottle]

Maybe he is indirectly stating that because of your conduct the deposit was all used up!

Don't be surprised at how low some of these people will go. They will say anything! My last agent has submitted a number of fake reports as evidence. Unbelieveable