Deposit Dispute - Small Claims Action

[less2303]

I moved out of a property on 29th September, at which time a quite comprehensive handover was done, with both myself and the landlord present, with copies of the original inventory. During the handover anything the landlord picked up on I made a note of on the original inventory. This consisted of eight items, which I estimate will cost approximately £160 to put right. Nothing was completed by the landlord and nothing was signed by both of us.

Approx four weeks after this I wrote to the landlord enquiring about the outstanding deposit, and offered to carry out any repairs that had been highlighted.

The landlord replied to this with a letter containing 44 points of remedial work, the majority of which had not even been mentioned on handover. These items consisted of items that should be considered fair wear and tear, over inflated estimates and very petty items such as replacing light bulbs.

I replied to this, rejecting all of the items, apart from the ones originally highlighted on handover, and requested the return of the outstanding deposit, along with quotes/invoices for the repairs.

A further reply from the landlord stated that it would take them `A few weeks` to make a comprehensive reply.

It became obvious that the landlord was stalling and had no intention of returning my deposit, so I then commenced a small claim.

I am quite sure that I am right as to where I stand on this, but I seek clarification on a few points.

1. Can a landlord claim for lightbulbs not working? There was nothing on the inventory about lightbulbs when we took the property over.

2. Can the landlord add to the list of defects some 8-10 weeks after handover?

3. Can a Landlord claim £10 per hour for work carried out by himself, even though I have offered to do the work?

4. Can a Landord claim for redecoration costs, even though there is no damage, and it is just not as he would like it?

5. Even though there was a full set of keys handover, can the landlord charge to change the locks for `Security Reasons`?

6. Can a Landlord claim for items which he hasnt actually repaired? For example redecoration of a wardrobe, even though he has disposed of the wardrobe and intends to replace it with a new one.

6. Do I need to defend each point individually in my claim, or is it suffice to just say `Not highlighted on handover`, as no signed list was compiled on the day, and no invoices or quotes have been submitted?

If anyone is interested, I will keep this post updated with any outcome.

[MrShed]

1) Yes he can

2) Yes he can as long as he can prove the damage was present between tenancies.

3) £7.50, not £10. And he has no obligation to allow you to do the work once you have vacated the property.

4) Only if he can prove damage.

5) No.

6) No.

7) You will have to defend each point, any exit handover means little in legal terms.

Hope this helps, if you want more definitive answers on any points just say, and I shall try after work.

[Jhawc24]

Some interesting reading here http://www.arla.co.uk/download/deali...disps_dams.pdf.

Good luck, regards Joan

[less2303]

The small claims process is now moving along, with the Landlord now having entered a defence, albeit on the very last day of the 28 days allowed. The matter has now been transferred to the local County Court.

Included in the defence is a schedule of costs totalling £2007, for the 44 points raised in earlier correspondence. They are however stating that they do not wish to enter a counterclaim at this stage, but reserve the right to do so at some date in the future. This may be possibly to earn `Brownie points` by looking to be seen as reasonable, but whats the point if they reserve the right to do so later?

Also included are receipts obtained totalling £368.19 These consist of:

4x DIY store till receipts for various decorating materials including paint wallpaper,tiles and even a dust sheet. (To redecorate a bedroom which was recently decorated, and all holes etc filled)

1x receipt for 3 gold door barrels, made out to `Cash sales`.(To replace all door locks, even though a full set of keys were returned)

1x receipt for a `bath pack` invoiced to the company that the landlord works for, and who are totally unconnected with the property. This is a complete bathroom suite.(To replace a enamel bath, which was at least 20 years old, and was showing signs of wear when the tenancy commenced)

No other justification of proof of expense has been provided.

Forgetting the fact that I am disputing the items on their schedule that these refer to, none of the above specifically refer to the landlord by name, and as such, I have no proof that these items have been purchased by them, or even refer to the property in question.

These are the only items that any costs have been produced for, despite there being over £2000 of alleged repairs/damage.

Can they add to this before it actually goes to court, or is this all they can rely on now? They still seem to give the air of `there may be more later, when we get round to it`

If so, do I just defend these items, or do I still need to defend all points raised?

[demon_x_slash]

Ugh, defend everthing you deem is unreasonable - it all sounds like ruthless betterment to me, to your detriment. Scummer.

[Jhawc24]

Originally Posted by less2303

Included in the defence is a schedule of costs totalling £2007, for the 44 points raised in earlier correspondence. They are however stating that they do not wish to enter a counterclaim at this stage, but reserve the right to do so at some date in the future. This may be possibly to earn `Brownie points` by looking to be seen as reasonable, but whats the point if they reserve the right to do so later?

Can they add to this before it actually goes to court, or is this all they can rely on now? They still seem to give the air of `there may be more later, when we get round to it`

If so, do I just defend these items, or do I still need to defend all points raised?

Sounds like the landlord is 'testing the water' and will see how this action goes, and then try and make an 'inflated' claim against you.

Not sure if he can add to his defence ... he's had 28 days to put this together.

Defend everything ... it may be a good idea to get in touch with Shelter and see an advisor.

As a matter of interest has the landlord relet the property? if so how soon after? Have you got any proof or evidence that the wardrobe was thrown out, or that the work has not been carried out? What dates are on the receipts?

Try and get as much together in your defence as possible, as many witnesses (statements, etc.). If any witnesses can go to court with you then it's more than just your word against the landlord, and don't forget he may be able to bring along witnesses as well.

Good luck, Joan.

[less2303]

Hi Joan,

Thanks for that.

No the property hasnt been re let, I believe they have put it on the market to sell. They were apparently advised by the Estate Agent that the bathroom would need updating or else it would affect the saleability of the property.

I have pictures of the wardrobes, as they have been dumped in the back yard.

The receipts are all dated in November, apart from 2 of the till receipts which are dated October.

[demon_x_slash]

Originally Posted by less2303

They were apparently advised by the Estate Agent that the bathroom would need updating or else it would affect the saleability of the property.

!There you are then! Blatant betterment. Who told you this? Could you get them to put it in writing for you?

[Jhawc24]

And get a copy of the estate agents 'house for sale - particulars'. May help in your defence. I bet it states 'new bathroom' and recently redecorated etc.

How old is the receipt for changing the locks? If it was for 'security reasons' why did it take so long?

Remember the landlord is really the one who has defend his charges and demonstrate that it is reasonable for him to withhold your deposit. Make sure you add on the interest!

Good luck, Joan.

[less2303]

Good point on the locks Joan, it was six weeks after I moved out! Will try and get the details from the estate agents.

[less2303]

This matter has now got to the stage of being allocated to the small claims court, and I have received an order today with directions on it.

Firstly, the directions are worded the wrong way round. I am the claimant and the Landlord is the Defendant, but it asks for `Rent books or other evidence of payments made by the Defendant to the Claimant`. It continues that way round throughout the order.

Secondly, it is asking for rent books and other evidence of payment even though there are no arrears or overpayments at issue. The only thing at issue is the security deposit.

I am now in the process of sending a letter back to the court highlighting the mistakes.

Can I also ask for `proof` that the security deposit has been kept seperate form the landlords other financial affairs, as I believe I have read that is what should happen?

Would it be seen as too `forward` of me to put what I think they should be asking for in the order?

[less2303]

This has now been allocated a court date of 20th March.

The landlord has submitted his defence which has again changed, with some items being added and some being left off.

By far the strangest addition is prepayment gas and electricity reciepts for after I moved out. This is accompanied by a print of an internet price comparison site for gas and electricity, which shows an 80% saving if they switched suppliers.

They are claiming for 80% of the gas and electricity costs since the day I moved out to date, as I think they are trying to say it would have cost them 80% less if it wasnt on prepayment meters.

Surely, if there was nothing in the tenancy agreement (Which there wasnt), then it is down to them to change from prepayment meters to a different tariff?

The landlord has now also confirmed that the house is being sold and not re let.

They are claiming £70 (Originally £230), for plants in the front garden, as they say that I have removed all the plants that were there. This isnt correct, they were simply cut right back as I have done every year, otherwise it becomes very overgrown. There is nothing on the original tenancy agreement about the plants in the garden. Even if you were selling your house, would you spend £70 on plants in the garden in winter?

It seems to me that they are doing whatever they can to make the house as sellable as possible, thinking that its not their money so it doesnt matter.

They have now provided photo's of some of the `damage`. They have removed wall tiles from the wall, which were there and Ok when I moved out. Damaged items that were replaced and brand new when I moved out.

My main concern now is what if I cant put it across right on the day. I am only on benefits, as Im a carer for my disabled son. I cant afford a solicitor, and as far as Im aware there is no legal aid for civil matters. Any advice or tips on how best to put it across so to speak?

[missm]

Citizens advice Bureau. They can advise in matters such as this. may be worth pm'ing mrshed.

[blacksheep1979]

I wouldn't worry too much - thats going to be your worst enemy. The onus of proof is on the landlord, the money is yours by rights. Unless he has receipts for plants and all the work he cannot keep your money, instead should refund you and claim the money back from you once the work has been done. Now to that part - if he can't prove that the damage was there at the point of you moving out he'll possibly come unstuck and just keep saying to the judge he can't have betterment ie he cannot endd up in a possition that is better than he was to start with ie you move into a house with a 3 year old carpet, you burn a big hole in the carpet - the landlord cannot charge you full whack for a brand new carpet. At the end of the day it does depend on the judge as its not a legal hearing in the traditional beyond all reasonable doubt but more a weighing up of the evidence before him.

[MrShed]

Dont stress too much. Small claims court is designed to not require a solicitor. It is RELATIVELY informal. By that I mean, it is not in the same fashion as you see in criminal trials on TV . Be polite, do not interrupt the defendant or the judge(the judge will always give you time to correct any lies/falsehoods you believe have been said), do not get wound up, either in anger or out of stress. Simply say your piece, try not to get opinionated, simply state the facts and why you believe these facts mean you are in the right. Ensure you are prepared, take any and all paperwork you have, even that which you could not possibly think would have any relevance, and mark different documents as different letters/numbers. Ensure that your paperwork is organised. Preparation is the biggest enemy of stress!! Hope this helps somewhat.

[less2303]

Thanks all for the reassurance!

Cant help thinking the Judge is going to get out of bed the wrong side and take an instant dislike to me straight away.

As you say, hopefully if I can stay calm and just put my points across, and the Judge sees that I am saying as the truth, they wont have much chance of getting their side of the story believed.

Hopefully when I highlight some of the petty things they are trying to claim for, and the costs, he will see them for what they are.

Here's hoping!