Advice needed: taking landlord to court to recover deposit

raywilson

Hi all

I'm in the process of taking my previous landlord to court to claim the deposit money we are owed.

We vacated the property, leaving it in a clean condition however the landlord as making what we consider unreasonable claims. We tried to follow the ADR process from the DPS but the landlord refused to use the service

His claim is for:-
Cleaner costs £151 + time to supervise clean £171
Clean outside decking £50
Clean all windows internal and external £50
Glazing cost repair glass on table £235 + time to supervise Glazier £171
New Mattress, include delivery and disposal £200
Microwave kit £65

Basically we dispute all the costs as there was nothing above general wear and tear and the flat was cleaned to the same standard as we moved in

We unfortunately didn't take any photos before moving out and don't really have any proof (our defence is that there is nothing that isn't general wear and tear)

What I want to know is
- does he have any chance of getting the £342 for taking a day off work to supervise cleaning / glaziers?
- he never actually gave us a receipt / proof that any extra cleaning was done to the flat and as he moved in on the same day we vacated then the cleaning would have been to clean after him - is there any advice on what to do if he somehow produces these months later on in court?
- so far we have had to pay £400 in court fees, will the landlord be responsible for paying these if we are successful (and what is the definition of being successful?)
- he hasn't released the undisputed money from the DPS yet, is there any advice on what do about this?

thanks in advance, any advice is appreciated having never been to court before!

N79

raywilson wrote: »

H
What I want to know is
- does he have any chance of getting the £342 for taking a day off work to supervise cleaning / glaziers?

With judges there is always a chance, but I would not rate it above 1 chance in hell here, unless you do something to seriously !!!! off the court.

raywilson wrote: »

- he never actually gave us a receipt / proof that any extra cleaning was done to the flat and as he moved in on the same day we vacated then the cleaning would have been to clean after him - is there any advice on what to do if he somehow produces these months later on in court?

He will need to prove that costs involved but he will not have to show that the actual work has been done. It is up to the LL to decide whether to actually rectify the damage or to pocket the money and accept an equivalent loss at a later date.

raywilson wrote: »

- so far we have had to pay £400 in court fees, will the landlord be responsible for paying these if we are successful (and what is the definition of being successful?)

That seems high, can you confirm that you are on the small claims track and the total value of your claim? If you win outright (you get all your deposit back) then your LL will also be instructed to pay you these costs. If you get most / some of your deposit back the it is very likely that you will get these costs awarded. If the court decides that the deductions are reasonable (and the LL has returned the outstanding deposit) then you will have to pay your LL's reasonable costs (which will be small so long as you stay in the small claims track).

raywilson wrote: »

- he hasn't released the undisputed money from the DPS yet, is there any advice on what do about this?

Apply to the DPS to have it repaid. Otherwise, claim it in court. Remember to have the DPS noted as a party on the judgment.

raywilson

N79 wrote: »

That seems high, can you confirm that you are on the small claims track and the total value of your claim?

So far we have paid the initial fee (100, the questionaire fee (30) and the court fee today (300) - I believe we are still on small claims but will have to double check this

N79 wrote: »

Apply to the DPS to have it repaid. Otherwise, claim it in court. Remember to have the DPS noted as a party on the judgment.

We have but the whole amount is now in dispute, the landlord has failed to release the undissputed amount so far. (although his last response stated that he believed he had released the undisputed amount)

*miaomiao*

Blimey, how high was your deposit? I'm guessing your overall amount claimed is under £5000? Have you kept the DPS up to speed that you have filed a claim and made sure that the deposit account is suspended?

raywilson

Deposit was £3060 - claim is for pretty much all of it (£3015) as we agreed on £45 of the costs and couldn't come to an agreement on anything else

DPS suspended the account pending a court order or written letter from both parties as the landlord failed to respond to indicate that he agreed to use the ADR service they offer

geoffky

good luck...to me you have a good chance...being polite and civil goes a long way for these idiot judges.

the court offered me a out of court resolution and we both excepted..i got all i asked for..ps it was argos..

gunge

raywilson wrote: »

So far we have paid the initial fee (100, the questionaire fee (30) and the court fee today (300) - I believe we are still on small claims but will have to double check this

When I used the small claims procedure it cost something like £40.

Unless things have changed. Like N79 said, it sounds like you are using the wrong route.

G.

N79

raywilson wrote: »

Deposit was £3060 - claim is for pretty much all of it (£3015) as we agreed on £45 of the costs and couldn't come to an agreement on anything else

DPS suspended the account pending a court order or written letter from both parties as the landlord failed to respond to indicate that he agreed to use the ADR service they offer

Out of interest, what was the monthly rent? That is a high deposit, which is why your claim fee is high.

raywilson wrote: »

So far we have paid the initial fee (100, the questionaire fee (30) and the court fee today (300) - I believe we are still on small claims but will have to double check this

For your claim, I make the fee 108, the questionnaire 35 and court fee 300 - you are definitely on the right track (in all senses!).

raywilson wrote: »

We have but the whole amount is now in dispute, the landlord has failed to release the undissputed amount so far. (although his last response stated that he believed he had released the undisputed amount)

Fair enough, you will have to wait for the court to rule.