Return of Deposit - going to court

silvercar

He has to prove that we caused damage and has to provide receipts showing how he spent our money.

Receipts are easy, as are witness statements by workmen that they have done work. Probable cost 1 pint of beer, possible saving £1350.

He can only do this be deceit.

By the sound of the landlord this is a possiblility.

LL: I offered to return £1100 which would have left me out of pocket, I got receipts for £450 work, I offered to split difference to be reasonable, seasonal good will etc.

T: no damage proved, we left place in better condition...

Judge: T could have avoided court on accepting £1100. Accept receipts. Tenant owed £900 and liable for own costs. case closed.

Not saying it would go like that, but it could. Its a risk you take.

Your money, your principles, your choice.

Parisien

Guys, sorry if I hijack this thread, but the landlord we dealt with in London, has failed to pay us back an overpayment of our sons last months rent. Its a sum of £175, we've phoned and e-mailed 6/7 times since June and 3 weeks ago sent a recorded delivery letter asking them to pay back the balance, but no reply.

Worthwhile taking him to the small claims court?

P

Lady_Annabel_Aardvark

silvercar wrote: »

Receipts are easy, as are witness statements by workmen that they have done work. Probable cost 1 pint of beer, possible saving £1350.



By the sound of the landlord this is a possiblility.

LL: I offered to return £1100 which would have left me out of pocket, I got receipts for £450 work, I offered to split difference to be reasonable, seasonal good will etc.

T: no damage proved, we left place in better condition...

Judge: T could have avoided court on accepting £1100. Accept receipts. Tenant owed £900 and liable for own costs. case closed.

Not saying it would go like that, but it could. Its a risk you take.

Your money, your principles, your choice.

So the judge would accept LL needed to replace a 15 year old carpet because we had 'damaged' it when on our checking in inventory it mentions wear and stains on the carpet?

Are you a LL by any chance silvercar?

silvercar

All I'm saying is that going to court is a risk, if everyone could foresee a court's ruling, no-one would end up in court.

Why hasn't your landlord given you the full deposit back? Presumeably because he thinks he has a chance of winning in court.

Gingernutmeg

silvercar wrote: »

Why hasn't your landlord given you the full deposit back? Presumeably because he thinks he has a chance of winning in court.

Not wanting to fight here but the way I've read it is that this seems to be an amount that he thinks he can get away with, not because he thinks he has a chance of winning but because it'd probably cost more for the OP to fight to get it back and he knows it. Seems like an easy way for a dodgy landlord to 'earn' themselves a couple of hundred pounds from every tenancy - give the tenants their deposit back minus an amount that you know most people won't have the time or confidence to fight for, then bully them a bit and hope that they'll shrug their shoulders and write off the £100/£200 for the sake of the hassle ... Nice.

Lady_Annabel_Aardvark

silvercar wrote: »

All I'm saying is that going to court is a risk, if everyone could foresee a court's ruling, no-one would end up in court.

Why hasn't your landlord given you the full deposit back? Presumeably because he thinks he has a chance of winning in court.

More or less exactly what gingernutmeg said above. We understand that the previous tenants of the house he owns next door didn't get any of their deposit back. Why do you think they charge a deposit of two months rent? Most LLs charge the equivalent of a month's rent or six weeks. The more there is of it, the easier it is to keep a larger part of it. They aren't used to anyone making a stand.

neverdespairgirl

silvercar wrote: »

Judge: T could have avoided court on accepting £1100. Accept receipts. Tenant owed £900 and liable for own costs. case closed.

[ /quote]

Offers to settle are usually "without prejudice", meaning they aren't evidence. The LL could admit the first £1.1k of the claim, though.

pinkkaz

I'd go to court if I were you. It's your money after all. I would also add on interest for the months he has taken to pay you back, cost of letters/phone calls etc.

Do you have a solicitor friend you can call (or the one you're seeing on Friday) to see whether banking the cheque means you can't claim the rest of it?

markelock

I'd consider paying someone to destroy the house.

after taking him to court and getting the money back. or the award of money back. whether he complies is something else.

although is it still about £750 that allows you to make someone bankrupt?

spuds_2

You can record outgoing telephone conversations using Rectel:

http://www.rectel.co.uk/

It's free, and as I understand it you are legally entitled to record your own 'phone calls, you don't have to tell the person they are being recorded, but they are not for any other use than your own (ie, cannot be used in court).

If you could get statements from other tennants who failed to get their deposits back, I am sure this would help in court.

The Consumer Action Group site has a good legal forum:

http://www.consumeractiongroup.co.uk/