Question regarding small claims court

BobbyBaggins

My former landlord has alleged that I caused damage over and above the amount of the deposit I lodged when I took on the property. He has subsequently done up the property to a much higher standard and is expecting me to pick up most of he tab.

He has stated that if I don't pay he will recover the money via the small claims court. I am happy to fight his in court, however I have concerns regarding future mortgages. I have just taken out a mortgage to buy my home, but will be looking to remortgage in just under 2 years.

If we go o court and I lose, will it count as a County Court judgement on my credit record (like an unpaid debt)?

If this is the case, it may be cheaper to just pay even though I know I am in the right!

Any advice would be gratefully received.

Thrugelmir

Best posted on house buying, selling and renting board.

BobbyBaggins

If thats the best place for it can somone move the thread please?

Yorkie1

No, it will not count as a CCJ.

For a CCJ you have to fail to pay up in the time allowed for payment after you lose the case (assuming you will indeed lose the case).

Go ahead and fight the case without fear of a CCJ. Just make sure you meet any court deadlines for filing defences etc, and get all your paper evidence together - plus research the law on betterment.

dimbo61

Did the LL do a proper inventory when you moved in with very good quality photos or even video taken by an independent company? Were you given a copy or link to the video website?
Did they do a check out inventory?
Did you take any photos when you left?
How long did you live in the house ?
Has he claimed the deposit ? Have you agreed to forgo the deposit because of any damage ?

BobbyBaggins

The LL had an inventory completed prior to moving in with pics and possibly a video. We have not seen these.

We were there for 3 years. Another inventory was done at the end of our time but there were discrepancies with this such as a claim that we stole the felt from the roof of a shed (bizzare I know) when this is clearly visible in the final pictures.

During our stay tere was a fault with the bathroom which the landlord admitted liability for and patched up. When this reoccurred we again reported it but he took no action. After we moved out he installed a several thousand pound bathroom and has stated that we caused the original damage so we are liable for the new cost. The damage was caused by a faulty shower unit which he admitted liability for.

He was in breech of the tenancy, visited only a couple of times at our request and never checked the property, additionally he Did not conduct safety checks such as the mandatory gas inspection.

We foolishly did not take pictures when we left.

He has claimed the deposit but is claiming money on top as well.

I believe that the most you can lose in the small claims court is the amount claimed plus court fees (approx £150). Neither side can claim for legal expenses? Is that correct?

unclebulgaria

BobbyBaggins wrote: »

The LL had an inventory completed prior to moving in with pics and possibly a video. We have not seen these.

We were there for 3 years. Another inventory was done at the end of our time but there were discrepancies with this such as a claim that we stole the felt from the roof of a shed (bizzare I know) when this is clearly visible in the final pictures.

During our stay tere was a fault with the bathroom which the landlord admitted liability for and patched up. When this reoccurred we again reported it but he took no action. After we moved out he installed a several thousand pound bathroom and has stated that we caused the original damage so we are liable for the new cost. The damage was caused by a faulty shower unit which he admitted liability for.

He was in breech of the tenancy, visited only a couple of times at our request and never checked the property, additionally he Did not conduct safety checks such as the mandatory gas inspection.

We foolishly did not take pictures when we left.

He has claimed the deposit but is claiming money on top as well.

I believe that the most you can lose in the small claims court is the amount claimed plus court fees (approx £150). Neither side can claim for legal expenses? Is that correct?

I'm no legal expert and I suggest you seek some pro bono advice from a solicitor who understands tenancy law but, I've just won a small claim. You have an obligation to mitigate any future losses that you may incur chasing this deposit (wasn't it kept in an independent account?) as far as I'm aware that doesn't stop you from employing a solicitor to fight your case. Also, if you take the LL to court the onus of proof lies with you not him so make sure you have a water tight case or you'll lose and he may well ask for costs from you. You have to prove only 51%, as I understood it, that he has ripped you off and you win, its called the balance of probability.
Anyway, ask a qualified legal advisor.

harvey115

I am also renting and all the faults we see are reported are sent through an email.

If you have a dated letter/email evidence notification of the issue that would be very good indeed.

geoffky

No costs are usually awarded in fastrack small claims but have been known to because of wasting courts time with Vexatious litigation.Make sure you have three copies of all your docs..one for you, one for them and one for the judge...Go and nail the buffoon.

BobbyBaggins

Many thanks to all who offered advice. I wroite to the agent acting on behalf of the Landlord and after several exchanges of letters during which he threatened legal action, the Landlord has now decided to accept a small offer we originally made.

This has saved me several thousand pounds and without the initial advice offered here (and some research on my behalf) I would be much worse off.

Many thanks.

Fuzzyness

nice one. well done and i bet a wieght of your mind.