no TDS - can I claim from abroad?

Tennmonkan

Hi

I would be grateful for opinions or advice from anyone regarding a little issue I currently have.

I started a tenancy in 2006 and renewed the agreement with the landlord in 2008 when my partner moved out.

I moved out of the property in July 2009 and I am now travelling overseas.

The landlord redecorated the house once I had left and he wants to take half of my deposit to pay for it. He had actually started decorating before I originally moved in, but never finished it. He had mentioned it at every inspection and I always said I was happy for him to leave it until I moved out. He always intended to decorate, but now he claims it was necessary as there were scuff marks on all of the walls. Most of these were already there when I moved in, but regardless are arguably excepted as reasonable wear and tear under the terms of the tenancy agreement.

Only then did I discover the tenancy deposit protection legislation that I was previously unaware of. I think because of the renewal of the tenancy in 2008, my deposit should have been protected. I have responses from all 3 schemes to say that it is not.

I completed form n208 and had someone back in England submit it to the court in person along with all of my evidence (scheme responses, tenancy agreements, deposit reciept). But the court staff informed that in order to submit the claim, I would need to be able to return to England to be present for the court hearing in a couple of months time, or I would need legal representation.

As I understand it, there is no legal defence for breaching the Housing act rules on tenancy deposit protection, so there should not actually be a court hearing, only a judges decision - is this correct?
Regardless, if there were a hearing I can't see any reason why, as the claimant, I would need to be present. The defendant may need to be, but would it affect the outcome for this specific case if I were not there? I can't provide anything more than the evidence in my initial claim.

Should I seek a solicitor anyway?
Would the solicitor's costs be covered by the defendant if I win?
Would I be able to have a friend/relative act as my legal representation, given that they would do little other than turn up at any court hearing?
Would it make any difference if I submitted a covering letter explaining why I cannot be present at a hearing?

The other option is for me to wait until I return to England before submitting the case. I don't know when I will be back, but I imagine it will be less than the 6 year deadline, but would it hurt my case in any way to delay submitting a claim for a year due to "backpacking"?

Any help, advice or useful opinion is much appreciated.

Thanks

Nick

clutton_2

how much was your rent and how much are the deductions ?

did you sign an inventory on move in and on move out ?

Tennmonkan

The rent was £695 a month unfurnished, the deposit was £795 and although he has verbally told me he is keeping £380 of the deposit for the paint and his own labour costs (that was an argument just to get him to admit he did it himself, as he originally said "I had to get a guy in to redecorate"), he still hasn't yet paid me the remainder of the deposit or given me any invoice or receipts for redecorating.
There was no inventory going in or going out. Just the standard tenancy agreement that the property would be left in it's original condition with exception of expected wear and tear, which I believe it was.
I found the house through an agent and originally paid the deposit through them and it was the agencies tenancy agreement legal jargon and headed paper, but that was the last involvement they had. It was an unmanaged tenaancy. The renewal was with the landlord on his own company headed paper although I don't think it is a registered company with a tax code, he is named on the agreement as the landlord.

Jowo_2

The representative doesn't have to be a solicitor. Guidance about when it is advisable is here. Remember you have to be able to demonstrate its a last resort and provide evidence you've tried to resolve it. Have you sent a letter before action to the landlord - Shelter or the HM Court or Moneyclaim online site should have sample letters.
http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm

Jowo_2

Tennmonkan wrote: »

The renewal was with the landlord on his own company headed paper although I don't think it is a registered company with a tax code, he is named on the agreement as the landlord.

To clarify, was the last AST with the landlord or his limited company?

Tennmonkan

Yes I have written to the landlord asking for the return of the full amount or "Write to me to explain exactly why you are withholding my deposit. Please detail any financial loss you feel that you have suffered and enclose receipts or quotations for any work that has been done." within 5 days or I would take legal action.

He agreed to buy a washing machine that I was leaving at the property, he responded to my letter about 10 days later, to send me a cheque for the washing machine and he demanded a receipt for the payment before he would provide me with anything else. I have sent him a receipt, but no response since. That was 2 weeks ago.

Tennmonkan

AST wording states that the agreement is between myself and:-
"John Smith. Bloggs property holdings (Landlord)"

Tennmonkan

Hi Clutton, Jowo,

was this line of questioning leading somewhere relating to my original questions?

Thanks

Nick

clutton_2

""There was no inventory going in or going out.""

if this is the case - then the LL cannot prove the condition of the property on move in or move out therefore he cannot prove whether you did or you did not do any damage other than wear and tear - therefore he cannot deduct anything from your deposit.

RE 3xtimes deposit - this legislation is so poorly worded that there have been several conflicting case judgements

if your LL does not know about this 3x - he may prefer to pay you now rather than risk going to court

i suggeste you do a full search on www.landlordzone.co.uk where there are seriously well qualified property lawyers answering posts.

i have issued court proceedings and not been able to attend - and have lost - i think you need to be there to argue your case -

a judge can, at his/her discretion, order a hearing, ask to hear witnesses in person, or award costs or not - its a gamble - so employing a solicitor may mean you are well out of pocket at the end of the day if you dont get costs.

if you are only away for a year, then write the letter before action stuff, give the LL every opportunity to pay back your deposit in full - PARTICULARLY as no inventory was done - then take it to court when you return.

I do not believe you can appoint someone who is not a solicitor to represent you in your absence.

re suing a LL - look up Eagerlearners thread on here (set aside 2-3 hours to read it) to find out the tricks her LL got up to when she lost her deposit on moveout