Small Claims Court: Landlady

PennyCrayon_2

Hi All,

My landlady withheld my deposit as she believed that I had broken some bathroom tiles. But there had been several other tenants in the property since I had moved in, so I thought it unfair of her to blame me just because she thought I was a clumsy person and she also has no proof (I did not break it). Six months later she still hadn't replaced the tiles. Before parting the property I again asked for it back and she refused.

I have therefore lost £400.

I really want my money back and want to take her to small claims court as I have the receipt for the deposit.

Can anyone tell me the procedure for small claims court? What forms do I need?

Many thanks

Werdnal

Is property in England/Wales?
When did tenancy start/finish?
Was deposit protected? If so, which scheme?
You mention other tenants - Was it a shared property? Did Landlady also live on the premises?
Was an inventory done at the start and end of your tenancy?

PennyCrayon_2

Hi,

Property is in England.
Tenancy started April 2010 - April 2011
Deposit was not protected
Property was shared and landlady lived in house.
There was no inventory, I just rented a room.

G_M

You'll have to use the small claims court.

The fact that there was no inventory helps you. You simply tell the court the tiles were broken when you moved in and it is up to the landlady to prove they were not. Without an inventory, agreed and signed by you, she will struggle to prove you broke the tiles.

As you lived with your LL, you were a lodger, not a tenant. So she did not need to protect your deposit.

Her Majesty's Courts Service Money Claim Online

CAB small claims advice

Send her a final request - a letter, get proof of posting and/or recoded delivery - marked "letter before action" and giving her 5 working days to return your deposit.

PennyCrayon_2

This may sound like a silly question but where do I write "letter before action"? On the envelope or the letter itself?

I have drafted something like this:

Dear Mrs X,

I am writing to request that you return my deposit.

I hereby give you 5 working days to return my deposit before settling with the small claims court.

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I hope it doesn't sound like a threat!

G_M

Dear Mrs X,
LETTER BEFORE ACTION

Further to my letter(s) dated x/x/11 (or phone call of xx/xx/11 or whatever previous communication you've had - list them all), I am writing to give you one final opportunity to return my deposit in full.

The depost of £400 was paid to you on xx/xx/10 and I enclose a photocopy of your receipt.

On leaving the property on xx/xx/11 my rent was fully up to date.

During the course of the tenancy I have caused no damage, and the property was left in as good, if not better, condition as when I moved in.

Any damage which may be present in the property at the time I left was present when I moved in.

Since you have failed to prove any damage caused by myself, or any rent owed by myself, and have failed to provide an agreed check-in inventory showing the condition of any items which you consider to have been damaged during the tenancy, there is no justification for witholding the deposit.

Kindly ensure I receive the full £400 within 5 working days or I shall have no alternative but to commence proceedings in the Small Claims Court, which will, of course, involve you with additional costs.

Yours sincerely

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may be a bit long, but you get the idea!