Landlady refusing to return deposit **WON in court **

[sassij]

This is complicated so I will try and make it as simple as possible.

 

My landlady is holding my deposit and every time I answer her questions she changes the reason for withholding it.

 

Firstly I have had confirmation from all 3 schemes that she did not protect my deposit. And my issue may come down to this in the end but I need some advice as I am taking her to small claims court and don't want any surprises once there.

 

She gave me 2 months notice but after 1 week was pressuring me for a date as she wanted to move back into the property. I found somewhere quickly and moved out after 1 month. She claims I owe her that last month's rent as I am contracted to pay it even though she moved in. In effect she expects me to pay for her to live there for a month.

 

Then she changed her reason due to bad cleaning, decoration and damage. Even though she told me not to worry about getting it professionally cleaned, that she was going to decorate throughout any way and all items she claims were damaged are either lies or not on the inventory. I have text evidence for all of this!

 

Now she is saying she needs proof that ALL utilities and loans I had at that address are paid up to date before reconsidering.

 

I told her all utilities are my responsibility and that she cannot withhold my deposit for those reasons and she has now gone back to damage and cleaning/decorating.

 

I have sent her a letter before action for the full amount of my deposit but I dont think she has the money! My next step is to prepare a case to take to court. Do I need to worry about any of this or is the fact she didn't protect it enough?

 

I should also say that we inspected the property together and she raised no issue. She gave me NO opportunity to correct the alleged cleaning issues etc and sent me a fake invoice ( or at least a highly dodgy one) for works she claims she had to carry out. The first I heard of any problem was 11 days after I moved out and after I asked her what scheme my deposit was in.

 

Any advice would be more than welcome.I hope this isn't too complicated there are many many more issues but I condensed it down as much as possible! Thank you!

[sequenci]

Hello there.

 

This guide from Shelter is really good, it'll help you through the process:

 

http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/deposit_protection_and_tenancy_deposit_schemes

 

Let us know how you get on!

[sassij]

Thank you. It was their template letter before action I used. But now I have got to this stage I am losing confidence. Is relying on the fact she did not protect my deposit enough? I cant prove I didnt damage the things she claims I did even though I know I didnt. I am only agreeing to a few minor items, like a shaving mirror that I had genuinely forgotten to replace. she is claiming I did a lot of major damage. I know these to be lies. But I will go back to the shelter website to see what else I can find.

[sequenci]

Give the guys at Shelter a call, they're very good.

 

Was there an itinery?

[sassij]

yes there was but it was never used for any inspection or at the end of the tenancy. It was 11 days after the final inspection that I messages her about the deposit scheme and it was only then she claimed damage etc. It has been a very stressful few months.

[raydetinu]

If deposit is not protected it must be returned in full. she can however counterclaim for damages etc. but doubt judge will entertain it under those circumstances.

In fact you should point out to her that you could go to court for the non- protection and this could see her paying an extra 1 to 3 times the deposit amount. ( cant do through SCC though and is expensive ).

Just point out the legislation to her.

[sassij]

Thank you, that was my understanding but wasn't entirely sure. I have pointed out legislation throughout my correspondence with her and she keeps bringing things up that arn't relevant. In my letter before action it stated that she may be fines between 1 and 3 times the amount of the deposit. I am hoping this wil lbe enough to make her pay up but by the letters I have had from her I dont think she will and I can see this going all the way to court.

[sassij]

If deposit is not protected it must be returned in full. she can however counterclaim for damages etc. but doubt judge will entertain it under those circumstances.

In fact you should point out to her that you could go to court for the non- protection and this could see her paying an extra 1 to 3 times the deposit amount. ( cant do through SCC though and is expensive ).

Just point out the legislation to her.

 

Just re-read this,it was my understanding that she could pay compensation of between 1 and 3 times the amount if I go through scc? Is that not the case then? CAB seem sure that she could.

[raydetinu]

No, as I understand it has to be heard by a judge in the County court fast track to impose that sort of compensation, also you may need a Barrister to put this point of law. untried as far I am aware on this new legislation. It would be up to judge to rule on the amount of compensation if any!

The costs are about 1K plus up front. No matter how straight forward these things appear you never know which way it will go as was the case under the previous rules.

speak to shelter they have more recent knowledge or a solicitor.

[sassij]

Just a quick question. when I signed my last contract my landlady took it away to sign and get her signature witnessed. I did not receive this contract until after my tenancy ended. we are now in dispute over the deposit and she is using the contract as her evidence that I was in breach of it.

 

When I received it I noticed there was a witness signature against my name. However, I did not sign it in the presence of anybody. I know that a tenancy agreement does not HAVE to be witnessed,but does the presence of a false witness now invalidate that contract?

 

My deposit was not protected so it may be a mute point but wish to clarify this point as she seems to using the contract to prove I was a bad tenant and withholding my deposit on those grounds. ( plus many many more)

[dx100uk]

sri replied to wrong thread

 

dx

[raydetinu]

Contract exists even if not signed as you paid rent etc.

You will have to take LL to court (SCC ) to get deposit back, have you got proof it was paid?

If deposit not protected then you will get it back in full, however LL can counterclaim for deductions, but will have to be fair and doubt judge will be sympathetic as deposit no protected as required.

[slick132]

Hi Sassij,

 

Two threads merged - please stick to one thread per case, thanks.

 

[sassij]

Just to update you all. I went to court today after a very long drawn out process. I won!!! I got my deposit AND compensation. So you can get the compensation if you go through small claims route Its been a very stressful year but worth it in the end...well providing she pays up

[raydetinu]

Well done. That's good news about getting the compo at SCC.

can you tell us the basic summing up or link to judgement.

How much compo won.

[mariner51]

How much compensation did Judge award, in addition to return of deposit?

How much was orig deposit?

Any deductions for T damage?

SCC route for non-protection is fairly recent decision, from time when max claim value was last increased, I think.

[slick132]

Hi Sassij,

 

Big Congratulations !!

 

Thread title amended to reflect your win.