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Thankfully found this thread which is closest to my case and I am seeking some advice urgently. Request your advices ASAP.

 

Nature of issue: I have overpaid rent to my landlord. Had mailed to landlord soon after realising the mistake. In 3 separate mails, LL has accepted that rent has been indeed overpaid. However he is maintaining stand that he will not refund this until our dispute over damages at the end of tenancy is concluded. He had claimed horrendous charges without any inventory reports. With multiple mails exchanges, he has lowered it. However i am fully convinced that the claims in lieu of a water leak that I had notified him on the day of taking the home on rent and had even mailed him that it hasnt been repaired adequately in my opinion arent chargeable to me.

 

While I am following the refund of deposit with DPS separately, the limbo is keeping my 1350 GBP overpaid rent un-refunded. I have lost patience with LL and wish to recover the money back ASAP

 

Amount disputed: 1350 GBP

 

Dates: The tenancy commenced in July 2015, ended at 14th March 2017. I had realised the mistake on 24th March and written to LL immediately. LL has accepted that the rent has been overpais on 25th March by e-mail. Later has been maintaining that it will be time inefficient for him to settle deeposit dispute and rent overpayment refund separately.

 

Advice needed:

I am a non EU citizen who worked on work permit in UK. I am back in my country of citizenship (commonwealth) My UK visa has now expired. The landlord is UK national working in Qatar and our rental contract was in UK with his UK address on it where his wife is residing currently.

 

Am I eligible for approaching UK small claims court for expedient recovery of overpaid rent which has not been refunded for over 3 months now and reasons for the same are unreasonable as well as kind of putting pressure on me to accept his proposed damages.

 

In the while process, do I have to come to UK personally. If so, can I laim this money from him. Also I think since he has held the money I wish to claim token compensation (is it 8%, if allowed) from him.

 

The total dispute now on the damages claim is for 786 GBP, the holy number. For the 786 GBP I am not getting my 1350 GBP overpaid rent and some 3500 -786 GBP of deposit held. Is it worth the hassle to go to thecourt for the former and take DPS dispute route for thebigger.

 

I do not mind loosing 2-300 GBP in the process but need to understand if there is any refund of the court fees if the case result is from my side.

 

Awaiting expert guidance.

 

Yours Thankfully.

Edited by sindabad

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Hello and welcome to CAG. I've started a new thread for you, please continue to post on this one.

 

The forum guys should be along over the course of the day, but as it's the weekend things will be a little quieter here, please bear with us until they're able to get here.

 

HB


Illegitimi non carborundum

 

 

 

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Who is holding the deposit, sinbad, is it with one of the schemes set up for this?

 

HB


Illegitimi non carborundum

 

 

 

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Yes you can apply to the County Court. It is likely your claim would go into the Small Claims track.

 

You can claim interest at 8%, but in my one experience the judge awarded only 4% on the basis that interest rates are very low.

 

It is best to attend court if the landlord refuses to accept your claim. You can claim reasonable travelling expenses to court, but I personally would not bet on getting the costs of an international flight recovered! That said, there is no harm in telling the landlord that he will be liable for your travel costs.

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international travel costs have been awarded in th epast if it can be shown that there can be no mitigation fo these costs so usually it would be the defendant who would have to travel to get the money back, a claimant would normally expect to arrange their business so the claim is heard when they are in the country for other business and then claim a days living expenses for hotel and train travel etc The other thing you can do is pay a solicitor to attend on your behelf. If your paperwork is up to scratch the cost will only be about £100 or so and you claim that from the defendant anyway

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Thanks you guys. Your comments gave me some boost.

 

The deposit is held with DPS under Custodial scheme. thanks Honeybee for asking.

 

thanks Steve_M and ericsbrother.

 

My multiple searches online in the mean time led me to moneyclaimonline.gov.uk. Not sure if this is the one that leads to small claims track.

 

Further reading through the links, came across a paragraph on pre-action conduct where court expects that claimant should have tried to settle it out of court as first option.

 

Since we have no dispute on amount or if the overpayment happened (landlord agreed by mail 3 times, now 4th) I guess the last mail landlord sent me as reply to my warning of not extending refund unreasonably, whereby he has clearly written about not scaring him of law and in fact suggested that I shouldn't even wait till deadline given by me and rather approach the courts same day, should be adequate to satisfy pre-action conduct?

 

Just am trying to avoid a situation where the judge refuses to admit my case sighting inadequacies in pre-action conduct.

 

The details of pre-action are

'

Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

 

(a) understand each other’s position;

which we have. he is firm on not returning the overpaid rent until damages are resolved through DPS. My position is that the DPS is holding deposit nearly 5 times the value of damages contested and hence no point holding the overpaid rent for ransom.

 

(b) make decisions about how to proceed;

We agreed to resort to ADR for the dispute on damages claimed against deposit by mail but he didn't complete the process with DPS. This in turn is giving him undue advantage of delaying the overpaid rent which can't be held back in my opinion

 

© try to settle the issues without proceedings;

In my multiple e-mails to him he is reapeating the same stand. I tried to fasten the damages dispute resolution through DPS but his actions are slowing the process.

 

 

(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;

 

(e) support the efficient management of those proceedings; and

 

(f) reduce the costs of resolving the dispute.

'

I need an advice if this is adequate pre-action from my end. Again to clarify he is mixing overpaid rent with deposit against which the damages should be adjusted depending upon what ADR of DPS would award. He is just leveraging his advantage and kind of pressurising me into accepting the damages lest he is holding overpaid rent.

 

Other doubt is basis below table

 

18. The table sets out the protocols currently in force and from which date.

Protocol

Came into force

Personal Injury 6 April 2015

Resolution of Clinical Disputes 6 April 2015

Construction and Engineering 9 November 2016 2nd Edition

Defamation 02 October 2000

Professional Negligence 16 July 2000

Judicial Review 6 April 2015

Disease and Illness 8 December 2003

Housing Disrepair 6 April 2015

Possession Claims by Social Landlords 6 April 2015

Possession Claims for Mortgage Arrears 6 April 2015

Dilapidation of Commercial Property 1 January 2012

Low Value Personal Injury Road Traffic Accident Claims 30 April 2010 extended from 31 July 2013

Low Value Personal Injury Employers’ and Public Liability Claims 31 July 2013

 

Updated: Friday, 17 February 2017. It doesn't seem to contain the scenario that I am in.

Just wondering if I am thinking too much into a process that has been setup as people friendly.

 

In my country, it is an adage that only fools go to court. Despite this I have won 2 cases without solicitors in consumer courts that run more or less similar to the small claims process, albeit may be a bit slow. During my 3 years of stay in UK however, I realised that people do take their rights very seriously and are well supported by administration and hence I am thinking of taking it further. Just trying to be careful in unknown waters and hence highly appreciate whatever guidance/suggestions that may come my way. Thanking you all in anticipation.

 

Rgds.

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Which Country?

Your mistake for overpayment of rent, which is not part of deposit, but could offset T debt.

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Which Country?

Your mistake for overpayment of rent, which is not part of deposit, but could offset T debt.

 

Overpayment was indeed my mistake.

 

Are you suggesting that he can hold the overpayment and try to recover his desired damages from it instead of from deposit with DPS? That not how I understand the process should work.

 

Had his claimed damages been over and above deposit held then there would have been a point holding the overpayment refund.

 

In my case, the deposit is nealry 5 times the contested amount. I am convinced that on mails he is accepting to go to ADR but is not doing his part with DPS that would trigger the ADR process, in effect, restricting speedy resolution of the matter.

 

Also if I decide to wait until ADR is complete and in case he looses it, DPS will refund the deposit in full and then he will again create troubles refunding the overpayment in full which might need a legal process anyways. Hence was wondering what is the harm in being pre-emptive and was trying to understand if actions so far seem to comply with pre-action expected.

 

Rgds.

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My multiple searches online in the mean time led me to moneyclaimonline.gov.uk. Not sure if this is the one that leads to small claimslink3.gif track.

 

Yes, use moneyclaimonline. It is likely that you will be allocated to the small claims track.

 

I use DPS custodial. My understanding was that the DPS should repay you the uncontested money straight away.

 

I have been involved in precisely one small claims court claim. It is easy and straightforward to do this without solicitors, and your experience in similar situations will help.

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There is no evidence the rent overpayment could be regarded as part of deposit by DPS

LL can allocate it to next rent on due date, serve s8/s21 when permitted & still sue for T damage at end of T, or OP can instigate MCoL claim for it's return.

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