Court claim form (renting)

BitterAndTwisted

She'll get nowhere in court if she has no documentation. No-one in their right mind would expect a court to come to a decision based on "he said, she said". Which would the court believe in this sort of instance, the one with the most shiny shoes and the best-pressed shirt?

She's flying a bloody kite.

Olympic08

DVardysShadow wrote: »

Does she even have a reciept for the deposit???????

As you took £368, you would not be stoopid enough to issue a receipt for £400 - you would only give a reciept for £368. I hope. Although you were daft enough to give the deposit back as cash and not take a reciept - learn that lesson for the future ....

This false claim as to the amount of the deposit says to me that she is bluffing. And if you let it go to court, she will not be able to produce a receipt.

I forgot to give her receipt of £368 deposit when I received it so I didn't ask any receipt when I paid her back. She knew she didn't have any receipt but she claimed she had witness when she paid me which is not true. The only witness I can think of is her boy friend who was with her when she moved in but he was not there when she paid me.

G_M

But for your next lodger, and for benefit of any other readers of this thread considering taking in lodgers, please:

Do not treat business arrangements like this as 'amicable arrangements.
Do have clear, written, agreements, signed by both
Do consider all possible future scenarios - good and bad, and account for them in the agreement
Always give, and insist on receiving, receipts for money exchanged, (I would do this even where there is a bank trail from cheques, internet payments etc)
Read up on your obligations (eg rent book for weekly payments; gas certificate, blah blah)

LODGERS (Licencees)
A lodger (broadly) lives in the same property with their resident landlord, and shares facilities. Unlike tenants, lodgers have few rights.

The Housing Act 1988 provides definitions of 'Resident Landlord' and 'same property'.

There is advice for landlords considering taking in lodgers here:

LodgerLandlord (General information site)

Landlordzone (General advice on taking in lodgers)

Renting out rooms in your home (Government info)

Rent a Room Scheme (Government scheme for tax-free income from lodgers)

Olympic08

BitterAndTwisted wrote: »

Did you have any proof of what the deposit amount was that you received from her?

In the first instance, before you issue your counter-claim, I would write a nice letter to her. A nice letter which you would be happy to have the court see as part of your defence. Something along the lines of:

"When I advertised the room to rent I made it quite clear that a deposit of £368 (equivalent to x week's of rent) was payable and that I would require one month's notice for you to leave. When you viewed the room I reiterated those conditions so I quite reasonably believed that you were aware that I would need a month's notice and did not disagree with that condition. When you later signified your intention to leave you only gave me one week's notice so I felt it was perfectly reasonable to retain the equivalent of three week's rent in lieu from your deposit. You appeared to be content with that solution when I returned the balance of the deposit minus monies for the utility bills to you in cash on your last day. I am dismayed to find that you now appear to feel that I have acted unfairly and unreasonably and without further contact have issued a court summons. Which I fully intend to contest when I am given the opportunity to in court."

I suspect after a letter like that you will not hear another word from her. It doesn't cost much to issue a summons and she obviously feels that you can be intimidated or beaten into submission.. Do not comply.

I'd love to write a letter to her however she didn't leave her current address on the Form but my address which she stayed before.

Olympic08

BitterAndTwisted wrote: »

She'll get nowhere in court if she has no documentation. No-one in their right mind would expect a court to come to a decision based on "he said, she said". Which would the court believe in this sort of instance, the one with the most shiny shoes and the best-pressed shirt?

She's flying a bloody kite.

Neither of us has any documents however the current disput is I don't have receipt of the money I returned to her.

Olympic08

Emmzi wrote: »

the fact she has spelled your name wrong is a trivial error and will not be grounds for the court to strike out the claim.

Even I want to defend myself, shall I put the name she claimed or my correctly name. I can't defend somebody else.

G_M

You put your ownname. Why would you knowingly put a wrong name on a court document - especially your own!?

Neither of us has any documents however the current disput is I don't have receipt of the money I returned to her.

And does she have a receipt for the £400 deposit she is claiming?......

Olympic08

G_M wrote: »

You put your ownname. Why would you knowingly put a wrong name on a court document - especially your own!?


And does she have a receipt for the £400 deposit she is claiming?......

No. She doesn't have a receipt. The name she put into the form is the name I created for my email.

DVardysShadow

BitterAndTwisted wrote: »

.... I suspect after a letter like that you will not hear another word from her. It doesn't cost much to issue a summons and she obviously feels that you can be intimidated or beaten into submission.. Do not comply.

B&T, while fully I agree with the thrust of your draft letter and in general with the idea of not complying with the ex lodger, now she has taken it to court, it would be a mistake to jump on a high horse and not to address the court papers. Which means that there is not much window for correspondence before the court defence needs to be in.

I believe that the ex lodger is in breach of Civil Procedure Rules, if she has not already written to make her complaint before going to court .....