Landlord counterclaim

[Patrick19]

Hi everyone,

 

I took my landlord to the small claim court for not giving me back the full amount of my deposit (£300 were missing). I was a lodger and we were sharing a 2 bed flat (he was actually subletting a room to me).

 

He counterclaimed and asked £400 for extra rent because I had a friend staying at my place for 7 weeks (my friend actually stayed 3 weeks in total, 2 of which the landlord was not even around) !

 

I clearly had his consent before my friend came in and the contract only states that I can't have paying guest (Of course I did not charge my friend).

 

Does he have any chance to win ? I think he does not at all but I just wanted to have your opinion on this.

 

Cheers

[BankFodder]

Probably very lilttle chance and certainly not as much as he wants.

[callumsgran]

He's got no chance, as far as i can see

[Patrick19]

Thanks guys

[Patrick19]

By the way as I did not sign any inventory and the landlord has no real proof of how long my friend stayed can I ask the court to strike out the claim ?

 

I found that :

 

"You can apply to ask the court to strike out your opponent's claim if you consider it is "vexatious" (mischief making), "scurrilous" (insulting), or "ill-founded" (wrong). This will mean the claim will not proceed."

[Steve__M]

You could also defend it on the basis that it is your friend's responsibility, not yours.

 

I think if you are planning an application to strike out, you're supposed to write a warning letter advising landlord of intentions, and there may be more cost risks as the application is not yet in the "small claims" track.

 

Eg. I have heard on this forum of a case where people have made claims against landlord. But because the claim was poorly written, landlord successfully applied to strike out, and was able to claim solicitor's costs.

 

Hope it's obvious I am not a lawyer.

[Patrick19]

Thanks, so maybe it's just safer to defend myself normally.

 

By the way Steve_M you seem to know well the procedure. Which form should I fill in for my defence of the counterclaim ? I only received an allocation questionnaire but the letter says I should return the allocation questionnaire and file a copy of my defence (with statement of truth). I can't get hold of the court to ask what I should do...

[MrShed]

There is ZERO chance of him winning.

[Patrick19]

That's good news...

 

But which arguments should I put in in my defence ?

[MrShed]

A) The fact that there is nothing in the contract preventing you from having a NON-paying guest, therefore no breach of contract.

B) Even if there was a breach of contract, the claimant is entitled only to his ACTUAL financial loss due to the breach, and in this case there is ZERO financial loss.

[Patrick19]

That sounds good, thanks a lot

[Patrick19]

Oh I forgot he's asking an extra £20 for the bills because of my friend living in the flat... Whereas he had his girlfriend in longer... Does he have the right ?

[MrShed]

What was the agreement on bills, and was it written or just verbally agreed?

[Patrick19]

The contract says :

 

The tenant will pay for all gas, electric light and power which shall be consumed or supplied on or to the property during the tenancy, the amount of the water rate charged in respect of the property during the tenancy it not included in rent and the amount of all charges made for the use of telephone or cable services (if any) on the property during the tenancy or a proper proportion of the amount of the rental or other recurring charges to be assessed according to the duration of the tenancy.

[MrShed]

In that case I would think that he would have a valid case to claim extra utilities cost due to your guest.

[Patrick19]

Yes which is fair enough but his girlfriend was here in the same time and even stayed longer than mine ! That's why I think I should not pay more than my half.

[MrShed]

That is ultimately irrelevant.

 

Plus it will look better should it go to court if you show "reasonableness" - the £20 is probably money will spent in this respect.