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Hoping for some advice on here. Below is a summary of what has happened to-date, that I have included in the Allocation Questionairre that I have received after the landlords solicitor counterclaimed against me. ( we have not submitted it yet as its due on 30th Dec). The landlord has no grounds as to why he has witheld our deposit apart from wanting to refresh the house, and has no inventory. We started on moneyclaim, but now costs seems to be going up and as the counterclaim is for £12,000, might be allocated to the fast track for which we could be liable for costs. Note that this was a high value tenancy and not eligable for the TDS when we started renting in November 2008.

Any advice or comments would be gratefully received.

 

Also, I have set out my own draft directions and wonder if there is anyone here that might be able to take a look at them to see if they are acceptable.

 

I also wonder if we should be getting our own lawyer or if I counld continue to represent..I am not legally trained at all , hence the need for advice.

 

" a) On 21/10/10, prior to end of tenancy or property inspection, Defendant (landlord), notified Claimant (tenants) of intention to withhold deposit of £5,412.50 for refreshment of the property. Breeching the tenancy agreement clauses 2.3.1, 3.5, 3.7, 3.8 "..subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy..".

b) On 31/10/10 Claimants tenancy terminates per the tenancy agreement and Defendant refuses to inspect property with Claimant or enter into discussions citing that refreshment is tenants liability. On 10/11/10 Defendant produces a prejudiced 'inspection report' detailing £10,515 (+ VAT) of alleged dilapidation and damages to the property without an inventory or other supporting evidence. Defendant does not pursue these charges but uses the report as defence for withholding the deposit.

c) Defendant refuses to engage in meaningful dialogue which may have facilitated an amicable & fair settlement, pursues betterment and does not acknowledge concept of 'fair wear and tear' at any point.

d) On 12/11/10 Claimant issues a 'letter before action' requesting the return of deposit, or evidence of the alleged damages. No evidence was provided within the requested 14 days resulting in court filing on 29/11/10.

e) On 30/11/10 Defendant returns £2,200 allocating a charge of £3,212.50 for 'incurred' cost of refreshment.

f) Claimant lawfully requests remaining deposit (£3,212.50) withheld by the defendant plus interest and costs.

g) On 13/12/10 Defendant counterclaims for £12,618 (+ legal fees).

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the overriding objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim and counterclaiming at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. "

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Why are they counterclaiming?

 

Did you take photos of the property before you left?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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