My Tenancy Deposit Case - Relieved its over, thanks for all your help.

[DisgruntledTenant]

Hi all, I've been meaning to get back to everyone with my case details and how it worked out, but have only got around to it now.

 

Details as follows.

 

1) Deposit never protected.

2) We recieved 95% of depost back over a month after we moved out (and only after sending a LBA threatening legal action)

3) LL kept 5% for

a) the final inventory check which, according to out contract, was his to pay,

b) "damages I am willing to forgo for the sake of closure"

 

We then tried unsuccesfully to get this amount back, for the principal, and then lodged the claim to court.

 

He then repaid the final amount owing, which we returned back to him.

 

We also had a counterclaim for £1000 lodged which was for damages which we had 100% sound evidence that was bollocks.

 

I then had a nasty letter from his solictor stating that we had no chance of winning and all the previous cases have been ruled in favour of the landlord, and that his counterclaim had every chance of success. I think because we were acting without representation and I think he thought he could bully us.

 

I think got a solicitor involved and a barrister , both on a no win on fee basis.

 

Given the 50:50 nature of the case, with the Judge being able to rule that the deposit has fully been returned, so therefore, no award, we could have ended up down the tube for the LL's court fees, which we were advised would have been along the lines of £5-10k.

 

We settled of court for close to £3k out of a possible £7k.

 

Not the best outcome, but still not the worst, and without the risk of legal fees.

 

The point I would like to make that if the LL gets a lawyer involved, chances are these will never go to court for the risk at stake. I really wanted to, just to see the outcome, but in the end of day, sense prevailed and we settled.

 

So thanks to everyones help. This site is fantastic with some really knowledgable people.

[kiptower]

good news,

 

take it your happy with the 3K even though you MAY have got £7 but it could have been risky

[DisgruntledTenant]

good news,

 

take it your happy with the 3K even though you MAY have got £7 but it could have been risky

 

Agreed.

 

Have to say though, for the stresses it puts you through, I think I would have rather just lost £150 and gotten on with my life, rather than having 9 months of having this over my head.