courtcase/rent arrears/landlord withholding deposit

han182

not sure if this is the best place for this but just looking for some solid advice and there seems to be a lot of people in this forum who know what they're talking about!


rough background is that i got into rent arrears with a previous landlord. left the property at the end of my contract in may. Have been attempting to pay all owed monies since. He has been unhappy about the situation and to cut a long story short filed a case in the small claims court for the remainder of the rent which isn't a lot.

i have to respond to the case soon and i am now in a position to pay him the rest. it has been agreed that if this happens before a certain date that their will be no further action /hearing etc.

the problem lies in the fact that he wants remaining rent and court costs. but the figure he has given me includes the deposit i put down at the start of the rental.
Now i know there were things in the house that he could of potentially claimed some of the deposits to fix/clean whatever. it was a shared student house so wasnt left in perfect condition but was far from bad.

At the time he made no mention of taking the deposits but im not sure how to bring it up as he may then ask for extra on top of the deposit for genuine or potentially ficticous repairs.

My reason for saying this is that another tenant was in the house on a shorter lease and we have been lead to believe by him and by the landlord that he was intentionally charged over the odds for a repair in his room.

want to get this sorted asap. my idea was so mention the deposit and naturally ask for reciepts for anything he is claiming but as i said i am very worried he could exploit me. i cant afford a solicitor. very worried that i could anger him more and be in a worse situation in the end.
should i just suck it up and let him keep the deposit?

sparklysaver

Hiya :wave:

Sorry to hear about your troubles. I don't know the answer, but I think you might be more likely to find someone who does if you post this over in the House Buying, Renting and Selling forum - there are a few people there who seem very up-to-date on the legalities of deposits, leases, etc.

paulmapp8306

Same here, however court cost for small claims is not very high (not sure exactly, £40 or something similar).

Ask your landlord for a breakdown of the costs. How much is costs (then check them with the small claims court), how much is back rent, and a breakdown of what the deposit is being withheld for.

Ultimately if he doesnt do this then you can fight it in court. Just tell them you were willing to pay but wanted to be sure the figure was correct but the Landlord failed to produce a breakdown.

If he DOES give you a breakdown - pay the rent and court costs (if valid) as thats what hes taking you to court over. You can ask for receipts for any repairs. Anything you feel is not validated, affset against hwhat is owed.

For instance if hes claiming £40 court costs, £300 in rent and holding a £1000 deposit, but can only produce receipts for £700 worth of repairs - then you pay him £40. Break it down (ie repairs £700 + rent £300 + cost £40 = £1040. payments £1000 deposit. left to pay £40). Keep a copy, send a copy with your payments.

If hes not happy and still takes you to court you can proove what the valid duductions from your deposit were, and what hes claiming in costs/rent and that you have paid them from your initial deposit plus payments made since. My general feeling is the landlord wont get anything else from the court.

He may well be overcharging for repairs, or using your deposit to pay for stuff that needed doing anyway. Thats why its importnat to go over accommodation with a fine tooth comb and note anything needing doing when yo move in (documenting it sending a copy to the landlord and keeping one). He may have a "mate" in trade who can provide receipts. Still, check receipts with those carrying out repairs - and check there qualified to do those repairs (if their not the court will take d dim view). If he can do that you may have to pay even if its not valid, but at least your making him do some work.

Appraoch CAB with this as well. They may point you in a differnt direction.

paulmapp8306

oh - thought. If he hasnt left you enough time to do this (probably if hes trying it on), and you CAN pay him - then pay him what he wants and get a receipt saying all rent is cleared. THEN ask him for breakdown of where you deposit went. If he cant provide evidance then take HIM to the small claims court to get your deposit back