TDS non compliance

[blimthepixie]

Hey guys,

 

I've been reading up on a few similar cases and I am just wanting come clarification and some questions answered. Firstly I will try and give you the situation I am in.

 

My partner and I rented a small flat off an Agency who made us sign all the paper work and an annex to the original letting agreement stating that the deposit is to be secured. They then said that the LL wanted to do all the maintenance work on the property themselves.

 

Ok contract signed, moved in. There was no inventory to be signed, no dated photographs to sign either (I have had to do this before) and after we moved in there was a very bad case of damp in three rooms of the house. It was so bad we had to move the bed from the bedroom into the living room to avoid breathing in spores. To be fair we did complain and it did get sorted.

 

Anyway, trying to get back on track. Our tenancy was up, the LL was in Peru and was unavailable to come round for a walkthrough and to discuss any damages. She got back and informed me that the floor was damaged, the kitchen worktop was also damaged and swollen from dampness and there were black hand prints on the walls.

 

Now I will say this now, the handprints were my fault (I work on my car) and they were around light switches and doors - I have admitted to doing this and I forgot to paint over them before I moved out (they are only three spots of muck). She is claiming the property will need a full repaint which I feel is unrealistic as the property was not freshly painted when we moved in. Can this be wear and tear? I was thinking of offering a goodwill gesture as I know this was my fault.

 

Moving on to the kitchen worktop and floor. I have asked for photographic evidence, I have not received any of the floor yet, but the kitchen worktop she sent me is filthy, but upon closer inspection I can see plaster dust and white hand prints and smears on the surface. The LL had the builders in to extend the bedroom into an en-suite so I am guessing this is dust arising from the removal of plaster boards. The LL has no previous photographic evidence and only anecdotal evidence from friends, the handyman and relatives.

 

The handyman has been round several times and has not said anything regarding the state of the flat, and we had the LL show a new tenant round and inspect the property and nothing was said then either.

 

I want to know where I stand, from what I have read on here I can sue the LL for non-compliance but what about her withholding the deposit? Would this stand in court? surely there is not enough evidence on her part?

 

I have been keeping all emails as proof but she did ring me up and pretty much beg me not to take her to court as she did not want to end the relationship on a "sour note"

 

Any help would be greatly appreciated, and if you guys need any more info, or think that I have missed something out then please let me know

 

Cheers

 

T

[raydetinu]

expensive to go to court for non-compliance so just use that to get deposit back in full.

Deposit not protected then must be returned in full; Now not when you leave.

If no record when you moved in, then she cant do anything.

[blimthepixie]

Thanks,

 

I have been told this by a few people, I guess I was just worried about going forward.

 

I am currently claiming benefits (JSA) which is a great thing to do straight after graduating, but lets not get carried away. I checked on the gov.uk website and apprently I do not have to pay court costs if I am receiving JSA, as long as I can prove it, which I will be able to...

 

So seeing as I will not have to pay for court costs, I might as well go ahead if the LL does not back down within the 14 days.

 

One final question, I briefly tried to look for an answer on the site but I could not find any - It was a shared tenancy, can I put both names on the N208, or will I need two copies? How does this work for court fees? Does one payment cover all tenants in the property?

 

Thanks

 

T

[raydetinu]

You cant sue for non-compliance though the SCC procedure; its through the County court fast/multi track system; you will need a solicitor/barrister.

you can sue for deposit in SCC though, no problem.

[Lea_HTH]

You also can't sue by yourself - you have to have the other tenant sue alongside you.

 

And court fees are the least of your worries - it's the cost of the lawyer that'll hit you hardest.

[blimthepixie]

You also can't sue by yourself - you have to have the other tenant sue alongside you.

 

And court fees are the least of your worries - it's the cost of the lawyer that'll hit you hardest.

 

Thanks for that. So is it two forms and one court fee?

 

Is there any way to reduce legal fees? I'm totally new to this..

[Lea_HTH]

It's one court fee - two claimants.

 

I would not suggest attempting to claim for non-compliance - there are no precedents as yet and it seems most district judges are reluctant to rule on it, though they will happily rule on returning an unprotected deposit.

 

Look to your contents insurance to see if you have legal cover - they may assist with this type of claim. The only sure-fire way I know of reducing legal fees is not to get involved in litigation that is unnecessary.

[blimthepixie]

Thanks again,

 

So are you saying that if I do go ahead and claim for non-compliance then there is a risk I will lose the case? Or that I will only receive the original deposit and not the compensation?

 

I don't have contents insurance so that is a dead end.

 

If the claims for non-compliance are unprecedented then surely more people need to start claiming?

 

I was hoping sending the LBA and a copy of the N208 would be enough for the LL to back down, but what happens if 14 days pass? It would have to go to court then surely?

 

Cheers,

 

T

[ericsbrother]

You are on JSA so there will be a remission of fees so you wont have to pay a penny. Speak to your local Citizens Advice about free pro bono legal help. Many CA centres offer this. If you lose you risk having to pay the other sides full costs so it is worth getting legal advice on the merits of progressing via a friendly lawyer but you dont need a lawyer to make a claim.

[Lea_HTH]

Thanks again,

 

So are you saying that if I do go ahead and claim for non-compliance then there is a risk I will lose the case? Or that I will only receive the original deposit and not the compensation?

 

I don't have contents insurance so that is a dead end.

 

If the claims for non-compliance are unprecedented then surely more people need to start claiming?

 

I was hoping sending the LBA and a copy of the N208 would be enough for the LL to back down, but what happens if 14 days pass? It would have to go to court then surely?

 

Cheers,

 

T

 

I am saying that with any court case there is always a side that loses.

 

If you claim for non-compliance, the fees are higher, there is a very good chance that even if you win at first instance that there will be an appeal, in which case you WILL need a lawyer and costs will begin to rack up. Sure, someone needs to claim and take it through the appeal courts, but someone with money to pay the fees when things start going wrong or they lose.

 

I doubt that any lawyers will give pro bono assistance on a case like this (though some might) - with the cuts to legal aid, there are far more deserving issues to spend our time on.

 

My view is that your LBA will result in the LL paying you the deposit back in full with no deductions, as that is his only logical course of action. You will have six years to claim for non-compliance, so if you want to make a point, you can wait until you have some money behind you to pay those legal fees.

 

If it doesn't result in him paying up, then you can go to the small claims court for the return of your deposit - cheaper than fast track, no exposure to huge costs, and will definitely result in a win. Though to be honest, winning doesn't mean you'll get your money - that may require enforcement action.

[raydetinu]

I don't think you can get reduced fees to sue someone?? other than SCC for money owed.

[blimthepixie]

OK, I think I am starting to get my head around this.

 

I will send the LBA with relevant forms and then I will keep you guys updated.

 

Appreciate the help in this confusing topic.

 

T