Unprovable Damage +No TDS

[mikesims]

Hello All,

 

I'm new here any my story is a little long but unique, I would appreciate any help on moving forward with a case so please bare with me......

 

I have just moved from a small block of flats and my landlord is holding back £200 of my deposit.

I moved into Flat 5 in this block in Aug 2005 with a deposit of £878, while living there I had my own washer/dryer which the LL agreed I could use and put his one back when I moved out.

I moved next door into Flat 4 in Jul 07, with that I signed a new contract and the deposit was transferred across. Of course with moving I put the old LL washing machine back in its place, at the time I told the LL I had turned everything off (electricity & water supply to the washing machine so had no idea of any possible leaks).

 

Nearly 3 months (Sept 07) later I had a call from the LL saying the connection to the washing machine had been leaking due to no rubber washer in place and water had gone through the ceiling of the flat below flat 5 (flat 2) causing what I was told today £600 in damage. At the time the LL said not a big deal, it's one of those things and he would sort it. I have never admitted liability for this nor deny it at the time to save an arguement.

 

I moved out from flat 4 last month, with the LL not present (& no one else from the building for that matter). I got a cheque back from the LL for £678 (£200 short) 2 weeks ago with a letter stating he was holding £150 for the damage from the washing machine and £50 for damage to the communal staircase (caused by moving out) in the building totaling £200. I wrote him a letter stating that there is no proof any of the damage was caused by me and it is circumstantial (I certainly don't remember damaging the stair case).

 

I have written a second letter with a deadline of yesterday (14th May) for either the cheque for £200 or information as to which TDS the deposit was with otherwise court action. After no reply I called the LL this evening and he is refusing to give me TDS details, I did inform him if it wasn't with a TDS he would be paying me 3x as much (Im not a greedy person, the £200 will do), he says he didn't have to have it with a TDS as it was an extension of the original contract from flat 5. My problem is I don't have a copy of my latest contract I signed for flat 4(I'm not even sure I was given it although I definatly signed a new contract with my Girl Friend as a witness) however I still have my orginal from flat 5 (these things are not the kind of thing I lose). I was certainly never informed within 14 days of the deposit being with a TDS.

The landlord said I would have to sue him and he will then seek the full cost of damages (£600) which he says the current tennant of flat 5 is a witness to.

 

The damage to flat 5 occured 3 months after I moved out and signed a new contract for flat 4. There is no evidence the damage caused or the damage to the staircase was caused by me (no one present when I was moving out) I don't believe the deposit has been with a TDS and the LL is now bluffing with the counter claim.

 

Based on peoples experience what should my next move be and my chances of success? I don't want to pay out £100's more just to reclaim £200.

 

Thanks for reading if you made it to the end and I appriciate you taking your time to read and hopefully respond!

 

Thanks,

 

Mike.

[mikesims]

Hi all,

The full story of my situation is here;

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/144892-unprovable-damage-no-tds.html

 

Since I posted this thread I have been in contact with all 3 TDS schemes and all of them have confirmed there was no deposit held. I moved in on July 7th 2007 and signed "a" contract then. My ex LL is saying the contract I signed was an extension of my original one (I'm 100% its a new one since it was for a different property) from 2005 however this was for a flat next door. My problem is I can't find my copy of the latest contract (I still have the original from the flat next door).

 

Would I need a copy of my Jul 07 contract to submit a claim?, my ex LL has his copy but if he was to destroy it would that put me in a no win?

 

Thanks for the help in advance.

 

Mike

[Guest Old_andrew2018]

I don't know so my post is to BUMP your thread

[barella]

im not a legal eagle mike but I've done a lot of reading lately and it sounds like you may have him by the short and curlies.

 

New address, new contract (from the date it is signed) extension or not. And a TDS required!

 

I assume the original contract is for the old address, therefore, on its own it is not a contract for your new address. Just ask for a copy of the 'extension' contract.

 

Even if he destroyed it, it wouldn't help his own case because I expect you can show the moving in date with utility bills, etc?

[Planner]

I would agree. A new address means a new contract.

 

You will be able to prove when you moved with utility bills and council tax bills if you cant find the AST.

 

It looks like its landlord suing time!!!

[mikesims]

Thanks for the replies guys, I have the council tax bill with the date we moved in and out. Now any idea of what form to use? I'm told its either a 208 or an N1?

 

Many Thanks,

 

Mike

[mikesims]

All,

I have confirmed my deposit was not protected and I am now in the process of creating a cliam form. My deposit was £878 and I've had £678 back so far, does my wording and calculations look ok?

 

The Claimant claims under section 214(1)(a) of the Housing Act 2004 that the deposit of £878 required by the tenancy agreement dated 07/07/07 in respect of the premises at [address omitted for this thread]made between the Claimant and the Defendant was not paid into an appropriate tenancy deposit scheme (in breach of section 213(1) of the Housing Act 2004), or that the Claimant did not receive the prescribed information concerning which Tenancy Deposit Scheme was holding the deposit within 14 days of the Defendant's receipt of the deposit (in breach of section 213(3) of the Housing Act 2004).

And the Claimant asks that the court make an order:

1. That the person who appears to the court to be holding the deposit do repay it to the Claimant, in accordance with section 214(3) of the Housing Act 2004.

2. That the Defendant do pay to the Claimant, within 14 days of the making of the order, a sum of money equal to three times the amount of the deposit, in accordance with section 214(4) of the Housing Act 2004.

3. The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 22/04/08 to 27/05/08 of £6.84 and interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.19

The Claimant is therefore seeking payment of £2840.84, plus the court fee and interest.

The above payment is based on an outstanding amount of £200 from the original deposit payment plus a 3x deposit payment penalty for the deposit not being protected in a scheme.

[barracad]

Threads merged - please keep to one thread.