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Deposit return - small claims
Bagandpuss
Posts: 2 Newbie
Hi there,
I am hoping that someone can put my mind at rest. I have just been through a Small Claims hearing as I am trying to claim my deposit back from a landlord in Scotland - the Sheriff has "reserved judgment" and will let us know within 28 days, but I'm still panicking!
Basically, our landlord did not return the deposit and then actually raised a counter claim for various reasons. He did not ever produce an inventory, and is claiming that we left the gardens in an awful state. He is also claiming that we left several of our possessions behind, and wants to claim rent for storage and disposal of them.
He also claimed for cleaning the property, again saying it was in a worse state.
There were several other claims, regarding work he had to have done - including for removal of a satellite dish that he only gave verbal agreement for. My point with this is that his daughter now lives in the property, and she confirmed that they still have the dish working there eight months later - and that the work that he has quoted for has yet to take place.
The landlord let himself in to the property on the last day of the tenancy - and took photos of possessions still in there, claiming again that we had abandoned them and we should have been out before the final day.
I feel pretty confident, just shaken by how convincing he appeared to be about the property being in a worse state - I had a few before and after photos, he only had "after" photos.
Am I worrying unduly? Or should I worrying that the sheriff only reserved judgment at this point? I was under the impression that a landlord had to prove that damage was done, or the house/gardens were in a worse state - or indeed prove that supposedly abandoned possessions were ours rather than his?
I can't help worrying that he laid it on so thick that the sheriff may believe him and ignore the lack of deposit?
Many thanks in advance.
I am hoping that someone can put my mind at rest. I have just been through a Small Claims hearing as I am trying to claim my deposit back from a landlord in Scotland - the Sheriff has "reserved judgment" and will let us know within 28 days, but I'm still panicking!
Basically, our landlord did not return the deposit and then actually raised a counter claim for various reasons. He did not ever produce an inventory, and is claiming that we left the gardens in an awful state. He is also claiming that we left several of our possessions behind, and wants to claim rent for storage and disposal of them.
He also claimed for cleaning the property, again saying it was in a worse state.
There were several other claims, regarding work he had to have done - including for removal of a satellite dish that he only gave verbal agreement for. My point with this is that his daughter now lives in the property, and she confirmed that they still have the dish working there eight months later - and that the work that he has quoted for has yet to take place.
The landlord let himself in to the property on the last day of the tenancy - and took photos of possessions still in there, claiming again that we had abandoned them and we should have been out before the final day.
I feel pretty confident, just shaken by how convincing he appeared to be about the property being in a worse state - I had a few before and after photos, he only had "after" photos.
Am I worrying unduly? Or should I worrying that the sheriff only reserved judgment at this point? I was under the impression that a landlord had to prove that damage was done, or the house/gardens were in a worse state - or indeed prove that supposedly abandoned possessions were ours rather than his?
I can't help worrying that he laid it on so thick that the sheriff may believe him and ignore the lack of deposit?
Many thanks in advance.
0
Comments
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Hi OP I'm afraid no one on here is likely to be able to tell you what the outcome will be. You've said yourself that the sheriff has decided that he needs more time to make a decision. But good luck!0
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Thanks, I was just curious as to how much weight courts usually lend to inventories etc!0
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Alot to be honest, the landlord has to prove he is right, as he is in essence taking your money0
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