Deposit advice

angrypirate

wilf3uk wrote: »

Thanks for the previous post. I didn't get any email notification of a reply, so am only reading it for the first time today.

Update - Progress is slow, but we are looking like we'll be in court within the next 4 months.

The LL has filed a counterclaim for damages to the property(totalling £333) and is sticking to the story about it being my responsibility to have claimed the deposit back from the TDS when our EA went bust.

I will be disputing both of these claims as there was no inventory completed and no TDS ever advised us to get ur bond back and then pay it directly to the LL.

Will update as and when I hear more, as it might be a good example for someone in a similar position who is also facing having to go to court to chase up their bond.

Good luck and stick to your guns. You only ever had a contract with the LL. The LA has a contract with the LL to find tenants and in some cases to manage the property, but ultimately the contract you have is still with the LL. It sounds like you have a very strong case.

BitterAndTwisted

GOOD LUCK!

I have every confidence that you will whip this a-hole's backside for him. Heres' hoping!

Judith_W

I would also add that without a signed inventory they have no basis to get money for the bed even if you did break it. Considering the amount of agro you have been through In would def reject this claim too.

wilf3uk

Small update.

The claim has now been moved back to Cardiff, so im going to have to get the train down.

If successful - what expenses could I be entitled to claim back of the LL?
I run a small t shirt printing business from home, so will need to get someone in for the day to man the phones and emails. Could I expect the LL to have to pay the days wages of the person I bring in?
Its also going to cost me between £20 and £70 for the train and around £10 for childcare. Would I be able to claim this back?

Will be an expensive day out if I have to fork all this out :eek: , but i'm committed to seeing this through.

edit - if I am able to claim expenses, should I declare them beforehand to the court, or do I wait and do it after the case has been heard?

Any help appreciated

wilf3uk

My court date is set for next wednesday(23rd of May), almost a year since we moved out of the property. Its been slow progress, but looking forward to finally seeing the back of it.

I don't know what evidence the LL is relying on, as I haven't recieved any documents from him.....could be interesting regarding his counterclaim for damages(£333), as I have never seen any receipts etc and we were supposed to provide each other with all documents on which we'll rely on in court. The court have also verified that they have not received any documents from him either(other than his initial counter claim statement).

Our LLs standing by his claim that he isn't responsible for the return of the deposit. He made claims that it was held by the The Dispute Service, but I have since proven that to not be the case. They had no record of our deposit and emailed me to confirm that, so that information was also passed onto the courts.

This will either be a very expensive week for me (£630 bond lost, £150 fees lost, £333 counter-claim, £150 for his fees and £50 drowning my sorrows), or I could be treating myself to an early summer holiday if I win(£630 bond + £150 fees - £30 on a bottle of bubbly)

I'll report back with the result of the case next week, but just want to say a quick thanks to everyone who has given me advice.....win or lose, it has been a massive help.

tbs624

Thanks for updating the thread. Good luck.

wilf3uk

Final update - went to court and the judge sided with me in regards to who was responsible for the deposits return. He granted me £630 + £150 costs.

The counter claim by the LL was a bit of a joke tho. The judge ruled with him on everything, so I ended up paying the whole cost for the sink(£150), £120 towards a £150 bed, whole costs of a replacement grill pan-£15(which I totally denied responsibility for as we did not take it), oven face -£30 because the dials had faded.

Had my LL sued for more minor things, I could have been extremely out of pocket, as the judge granted him damages towards every single receipt that he produced - very harsh imo, as I denied responsibility for a lot of the damages.

I walked out of court £470 better off than when I went it, but it left a sour taste in my mouth re. the damages I had to pay out. I'm left wondering whether a solicitor would have been cost effective......

As for anyone feeling nervous about going to court - don't be. It was a very relaxed environment and I actually found it to be a good experience. Just hold your nerve, be confident and you will be fine.

edit - he has 5 more days to pay, or he gets a CCJ against him. Not a good idea when you work for a bank..... Might still be some more to add to this tale, but hopefully not