Claiming £1500 deposit from landlord

[ku_pat001]

Hi All,

 

We are stuck in a situation here where landlord isnt releasing our deposit of £1500.

 

he has kept it all since last 2 & half months (we left property in mid june-07) for the reason that we didnt manage his property very well and therefore he has charged us for following breakup:

 

Cleaning = £400 (we already did our professional cleaning which cost us £120 for which we have invoices)

 

Repairs to bathroom, kitchen, bedroom and drawing room furniture= £1100

 

Firstly, he did the check out inventory himself even though we asked him to call us for it and then he hasn't provided any invoices as yet. secondly, the things he is repairing, as per my observation, were already quite old like couch and furniture, so i dont think we should pay for his refurbishments.

 

We have been in touch with him but he says he will prove in court that we did the damage by getting repairing people to testify for him. We have also sent him letter of action b4 going to court but he isn't coming back to us with any explanation or proof whatsoever.

 

Now we have also secured references from earlier landlord who returned full deposit to us.

 

Any advice on this situation is much appreciated.

 

thanks

 

ku_pat001

[ku_pat001]

Hi All,

 

Actually I'm gonna start legal procedure this week.

 

Could anyone with similar experience suggest if its worth it?

as i already stand to lose £1500 and dont wanna loose more.

 

I really appreciate your suggestions

Ku_pat001

[GuidoT]

In your position I would commence. Sounds like the landlord needs to be stood up to. £400 for cleaning seems to be a nonsense.

 

There is a general no costs rule as your claim should be allocated to the small claims track, so if you loose, you only stand to loose the court fee and AQ fee, £120.00 + £100.00 and of course you own time.

 

In case you have missed it, there is an LBA here:

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/74170-unfair-deposit-deductions.html

[Planner]

I suggest you dont claim the full amount, but an amount your comfatable with paying. If you can keep it under £1500, then you can avoid the £100 fee at the allocations stage.

 

Best of luck.

[ku_pat001]

thx a lot GuidoT,

 

I know i need to start asap but heres the thing, I have always contacted landlord via emails to letting agency (which now i have come to realise that i should have contacted landlord directly as my contract was with him).

 

But since contacting him directly, I've just sent 2 letters giving him 3 weeks in last letter and 1 week in current one. Till date its been 2.5 months and I just recived a letter from him saying "bear with him ans he is still collating all invoices".

 

I Just want to be sure that whether my 100's of emails would be admissible in court or not for trying to settle this outside court coz i dont wont to end up paying landlord's legal costs and for people testifying for him.

 

many thx in advance..

 

ku_pat001

[GuidoT]

Just to add, in the event you are successful you will recover the AQ fee from the landlord.

[ku_pat001]

thx a lot planner.

 

I dont mind paying £120 but the costs i am worried about are to do with landlord's layer expenses(which he has threatened me of that he's gonna get a barrister). he also says that he's gonna get atleats 10 people to testify which would cost me lot if i end up paying their travelling and day expenses.

 

thanks

 

Ku_pat001

[GuidoT]

thx a lot GuidoT,

 

I know i need to start asap but heres the thing, I have always contacted landlord via emails to letting agency (which now i have come to realise that i should have contacted landlord directly as my contract was with him).

 

But since contacting him directly, I've just sent 2 letters giving him 3 weeks in last letter and 1 week in current one. Till date its been 2.5 months and I just recived a letter from him saying "bear with him ans he is still collating all invoices".

 

I Just want to be sure that whether my 100's of emails would be admissible in court or not for trying to settle this outside court coz i dont wont to end up paying landlord's legal costs and for people testifying for him.

 

many thx in advance..

 

ku_pat001

 

As long as you have given the landlord 28 days notice that you intend to commence, you can commence when you are ready - no rush.

 

However, do check in your tenancy agreement if there are any other dispute resolution mechanisms - these may suit you.

 

How long does it take to collate a few invoices? Certainly not a few months.

 

Nothing wrong with going through the letting agent, however as I think you have, ensure the LBA is addressed to the landlord (and the claim form).

 

Emails are good evidence, just make sure you print them off now, in case you have a computer crash.

 

As I said there is a general rule that you are not liable for legal costs given you are claiming

[GuidoT]

thx a lot planner.

 

I dont mind paying £120 but the costs i am worried about are to do with landlord's layer expenses(which he has threatened me of that he's gonna get a barrister). he also says that he's gonna get atleats 10 people to testify which would cost me lot if i end up paying their travelling and day expenses.

 

thanks

 

Ku_pat001

 

Scare / bully boy tactics, ignore it.

 

10 people to testify and counsel, he sounds like a right idiot.

[ku_pat001]

Thx a lot GuidoT,..gr8ly appreciate ur responses..

 

my claim is gonna be exactly £1450 as i have already agreed upon £50 deduction for un-usable chopping board, and few chipped bowls. (sounds silly but its true)

 

Thx to forums like these that we can remove our mis-apprehensions and become more educated about these circumstances.

 

cheers

ku_pat001

[ku_pat001]

Hi guys...

 

I cant help it if i sound naive but how does one fill in claim form if one doesnt even know what he exactly paid for and how much. the only thinng i know is cleaning costs and damages with $1050.

 

If i need to be exact in filling forms then should'nt landlord provide me with all invoices much earlier which in my case he hasnt. so should i wait for all invoices??

 

also I am only provided with check-out inventory(which was done in my absence) but no check-in inventory. I dunno if we were given one to sign and when i asked agency they say that landlord doesnt have it. Now i presume its quite crucial in proving landlord wrong altogether but if not so, should I have to wait for getting it b4 filling claim forms.

 

hope i am not confusing u guys..

 

thanks a lot

 

Ku_pat001

[GuidoT]

It is not for you to state the Landlord's case, (s)he has the opportunity to do so in their defence and counterclaim.

 

Therefore, for the purposes of completing the claim form, do not be concerned with the £1,050 or the invoices.

[GuidoT]

Have a look at these posts and the related threads for particulars of claim:

 

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/91941-landlord-being-git.html?highlight=deposit+particulars+of+claim#post995485

 

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/74477-landlord-wont-return-my-2.html?highlight=deposit+particulars+of+claim#post787668

 

http://www.consumeractiongroup.co.uk/forum/landlords-tenants/51780-not-getting-425-deposit-3.html?highlight=deposit+particulars+of+claim#post494254

[ku_pat001]

ok!!cool!!

 

time for silly question!!with regards to breif details of claim, is it a good idea to attach a seperate sheet or do we really have to be brief in explaining claim??

 

what kind of details are they looking for anyway coz i may be wrong as i am not sure what i have paid for in 1st place??

 

thx again

 

ku_pat001

[ku_pat001]

aah u r really quick...thx a lot!!

[GuidoT]

I think I have answered in posts 12 and 13 above, if not just post up.

[ku_pat001]

yeah..actually u posted 13th while i was writing 14th ....but thx for that....i'm going through these!!

[ku_pat001]

my wife's name is also on the contract along with my name, does she have to fill in a separate claim form or can we put 2 names in same form?

 

thx again in advance!

 

ku_pat001

[GuidoT]

From my experience of joint account bank charge claims, I think either one of you can make the claim. On the particulars mention the tenancy agreement is in joint names and your wife's name.

 

The claim form can only have you one of your names on it though and certainly no need for a second claim form.

 

Someone else feel free to correct me here if I am incorrect.

[ku_pat001]

could anybody please confirm whether all tenants whose names are mentioned in the contract (with landlord) have to fill in separate claims or just 1 claim form goes for all.

 

this really should matter when landlord puts in counter-claim coz in that case it should be against all individuals separately.

 

 

ku_pat001

thx in advance for replies!!

[Planner]

just put one name on. If you put x2 ckaim forms in you will be charged for two claims!

[ku_pat001]

actually we have 4 beneficiaries of £1500 deposit we paid including my wife. I wonder if just 1 of us should file claim or all 4 of us could be mentioned in the claim. i dont really know how to work this out...and to be honest, if landlord makes counter claim, i dont want to be singled out in receiving grief from landlord ..hope u understand my situation...thx

[GuidoT]

Having done a little research it looks like you should name all the 4 claimants as paragraph 4.2 of that below:

http://www.justice.gov.uk/civil/procrules_fin/pdf/practice_directions/pd_part07.pdf

 

I do not know where this leaves you with the statement of truth, I will see what I can find out.

[ku_pat001]

thank you very much for this..with regard to signatures on statement of truth, my guess is all 4 of us can sign it..to tlk of this, do we need to have solicitors info on this coz i havent hired one yet and nor am planning for!!

 

i am also goona call local borough council to ask more about this ....will keep you guys updated!!cheers

[GuidoT]

I have checked here and cannot find any rules on who should sign, have a look yourself:

PART 22 - STATEMENTS OF TRUTH

 

No need for solicitors.

 

Local Council I do not think will be much use to you. Phone the Court Service they should be able to advise you, contact details here:

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/