Small Claims Deposit Dispute Against LL

[deeprules]

Appreciate some help here. I was on a 6 month AST with non-maintenance by LL. Moved out after completing min term and paid rent after agreeing a 30% abatement. Have emails from LL to confirm. Also have the entire history of the reported issues ( leaking sanitation/damp) from day 1 till the end of the tenancy.

 

****ed off as rent fully paid and no missing goods. However LL has gone back on his agreement.

 

Monthly rent 795, deposit 1350. I have claimed full deposit plus costs totalling 1450.

 

Questions: In small claims court, LL defending witholding full deposit for missing goods and outstanding rent. He has not clarified the actual value in the defence form. Is he allowed to go back on the 30% rent abatement which we agreed? Secondly, can he claim missing goods (worth 200 pounds) if there was no inventory?

 

Questions: Foolishly I named the defendant as LL C/O Agent and could not request default judgement when I had the opportunity to. Been advised by court clerk to submit form 244 with 45 pound fee to change the name of the defendant. Does my case have any implications due to this error?

 

Evidence available: No check in/check out inventory, damp investigation report identifying remedial actions by his handyman company - note no remedial maintenance done by LL, took plenty of photos and also emailed to LL & agent throughout the tenancy.

Edited February 3, 2012 by deeprules

[deeprules]

Bump

[Ed999]

My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

In small claims court, LL defending witholding full deposit for missing goods and outstanding rent. He has not clarified the actual value in the defence form. Is he allowed to go back on the 30% rent abatement which we agreed?

 

The law of full and final settlement is explained at:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

 

An agreement to accept a lesser amount in satisfaction of a debt is, just like any other type of agreement, only legally binding if all of the legal requirements for creating a valid contract are complied with.

 

Those requirements include an offer, setting out the terms and conditions; an acceptance of that offer, agreeing the proposed conditions; and payment of the settlement amount, and compliance with any other conditions.

 

Also, it is essential that the words 'full and final settlement' are used.

 

In practice, if not in law, it is normally essential to also obtain written evidence of the creditor's agreement to accept the lesser amount.

 

 

Secondly, can he claim missing goods (worth 200 pounds) if there was no inventory?

 

Only a Court can decide what the legal effect of your tenancy agreement is.

 

If the landlord alleges damage, or loss, he must prove it. So if there is no check-in inventory, the landlord often doesn't have a leg to stand on; so the tenant is in a stronger position where there is no check-in inventory.

 

Only the court can decide, depending on the strength, i.e. credibility, of the evidence given by the witnesses, at a hearing; but you have a greater chance of winning that point if there was no check-in inventory. It will also depend on what other evidence might be put before the court though.

Edited March 8, 2012 by Ed999

[deeprules]

Thanks ED999. I agreed to the rent abatement, got confirmation from the landlord via email and paid the money.

 

In hindsight perhaps a written, signed letter wouldhave been preferable. Any views if emails count as evidence of this agreement?