krysus vs ex-landlord

[krysus]

Ok.... i've received a court date for a dispute with my ex-landlord - i'm the defendant.

Notice of Allocation says to send copies of (amongst other things):
1. tenancy agreement and inventory
2. invoices for cleaning & decorating
3. estimates for a replacement items

Basically, he's trying to claim cleaning/redecorating costs (<£100) and for a replacement desk (£145 + the cost of putting it together, wtf?).

Now, as there was no tenancy agreement nor inventory, and the redecorating was done by his crew of Polish immigrants, i doubt he has kosher invoices, nor does he have any proof of my liability for cleaning, etc. (no tenancy agreement).

He has never during our dispute provided any evidence of them, so i doubt he can provide them for the court. Also the desk would have cost £45 from Argos to replace (cheapo MDF job).

I feel it's betterment on both fronts - desk & cleaning.

He definitely can't provide tenancy/inventory, and i doubt invoices nor quotes for replacement items.


So, my question is.... does he really have a leg to stand on in Court?

If i was to gain other evidence about the landlord regarding his poor business practices in general, am i entitled to submit this to the Court to use in the hearing?

EDIT: Oh yeah, and he never used to give notice before coming round to the property - maybe a text, but this isn't "written notice", and also, i presume as it's HMO, every tenant would have to agree?

[blacksheep1979]

He won't have to provide a tennancy agreement if he can show a regular payment from you - he will then have a contract in principal.

[knoxvillain]

As MrShed always says though, no inventory = no deposit deductions. The landlord has to prove the state of the place when you moved in. Do NOT admit damaging anything to him. Let him prove it in court.

[krysus]

UPDATE::

I've now received a transcript off my local council, via email, of certain sections of my ex-landlords HMO application for the property i lived in. Freedom of Information Act rocks!

In the section regarding tenancy agreements / inventories, he states:

FORM 4
4.7.1 Most but not all tenants have been provided with a tenancy agreement
4.7.6 A bond or deposit is required from tenants . No details are provided as to terms of the deposit .
4.7.8 Some but not all tenants are provided with an inventory of furniture and equipment. The licence applicant has indicated that he intends to take photographs in future.


Does this give me an edge in Court when i dispute his ridiculous claims?

Surely by his own admission that not all tenants have/had tenancy agreement/inventory, he's shot himself in the foot with regards to our dispute?

Is it worth me getting in touch will a couple of other ex-tenants for statements verifying that i removed the desk from my room, the kind of desk it was, and that it was seen elsewhere in the house? (I never removed it from the property, as he claims i did, hence the replacement cost, which is trumped up anyway).

Also, i figure it's worth getting the new tenant to verify the size of the desk, so i can show it wasn't an equal replacement.

I can also get statements verifying that the landlord never requested in writing permission to enter the house (always a text, and never to all of us [7]) - hence breach of a standard term of tenancy?

Ta as usual.

[krysus]

Court Case is today.... thanks for all your help guys, i'll let you know how i got on later...

[Joa]

Fingers crossed krysus! Power to the people and all that

[krysus]

Cheers, Joa.

Hopefully he won't have a leg to stand on - no tenancy agreement, no inventory, dubious invoices, unfair charges (UTCCR 1999).... the list goes on!

[knoxvillain]

good luck!

[krysus]

The judge ripped him to shreds!!

1.(Ex-)Landlord hadn't made a proper statement for Court, just assumed that all the correspondence and the MCOL submission would suffice!

2. No tenancy, hence no terms by which to allow 'deductions' for re-decorating, cleaning, etc.

3. Can't claim for letters / time spent

4. LL hadn't even replaced the desk he said he had!

Judge to him to "get his house in order" in case there happened to be a next time!

Didn't even get to read my 5 page monologue to really stick the knife in, wounded!!

Came back down to my initial "gesture of goodwill" of £100, gave him cheque there and then in front of Judge.

Could've been, though unlikely, £1600 worse off today. Instead LL has got egg on his face


Job done - thanks for your support guys.


HSBC LBA due tomorrow, best get on with it!

[GuidoT]

I have been watching, you held your nerve well, well done.

Dodgy landlords, who needs them, I am amazed he had the audacity to turn up.

[Joa]

Yeeeeeepie!!!!! good day, huh?
I have been offered today a settlement on one of my cases which is....£200 more then I asked for...lol
Well done you

[knoxvillain]

well done to you (and you too joa )