Landlord taking deposit dispute to County Court

princeofpounds

Since you refused to resolve it without the need for them to take you to court, you may be stuck with the court costs.

I can see what you are saying, but the arbitration process is designed specifically to be the out-of-court process for resolution.

I would argue pretty strongly that if the LL has refused independent arbitration there shouldn't be a strong duty on behalf of the T to pursue mediation.

Split costs or bearing own costs perhaps, but I'd be surprised if it was heaped on the T alone.

MagnumBI

That's interesting. When it comes to it, I will be sure to note that I formally requested adjudication via ADR and it was refused.

Perhaps I should have sat down with the letting agent, however his wording of that offer, stating that I was being "naive" in disputing via DPS and then only granting a 3 day window to visit his office before court action, just made me think "sod them, I'd rather go to court and let a judge see their evidence!" :-)

My plan at the moment then, before all that, is to draft a CPR 31.14 (as advised on CAG foums - cant link as I'm a newbie) asking for a breakdown of the amount claimed. Then I can start properly putting together a defence.

angrypirate

thesaint wrote: »

Since you refused to resolve it without the need for them to take you to court, you may be stuck with the court costs.

I disagree with you on this. It is pretty obvious that the LL chose not to try and resolve this without court, refusing to use the deposit dispute service and as he did not send a letter before action. If the former tenant makes it clear to the court he attempted to use the dispute service and has tried to negotiate and its the LL who has force the courts, the court will look favourably on the tenant.

The fact of the matter is, as there is no schedule of condition signed by the tenant before and after there will be increasing difficulty for the LL to prove his case.

spacey2012

You should mark defend whole claim.
File defence that:
Plaintiff has failed to serve any notice of court action or provide any proof of claim to substantiate any claimed losses .
That the claim is denied as no inventory was produced at the time of the letting or there after in making the claim.
That the house was a rented property and wear and tare and normal usage should be expected as should any cleaning required prior to re-letting.
The defendant requests that the case is struck out as failure to serve any notice before action has removed the opportunity to mediate any dispute that the landlord alledges to have occurred with regards to the property.

ValHaller

MagnumBI wrote: »

As to the embarrassed defence, that is tempting, however my thinking in county court, in that informal setting is that I'd look more sympathetic if I at least appear to explore every avenue and write to the landlord for a detailed breakdown of charges. I dont think itd be in their interests to ignore me but I expect it to be pretty flimsy regardless.

You are right to want to explore all avenues. Very right.

But in your circumstances, I would still be using the embarrassed defence, although sending a letter to the LL and mentioning that you have written to ask for a complete breakdown of alleged losses.

Essentially, you are entitled not to be ambushed in court.

thesaint

angrypirate wrote: »

I disagree with you on this. It is pretty obvious that the LL chose not to try and resolve this without court,

Read again. The agent offered mediation. The tenant refused.

DRP

thesaint wrote: »

Read again. The agent offered mediation. The tenant refused.

The tenant also (first?) offered mediation via the official/recommended channels). The LL refused.

MagnumBI wrote: »

snip//
I moved in around 6 months after the apartments became available. I'd never thought I was the first tenant, due to letters we received under somebody elses name, a name which appears on the electoral roll still for the address. The landlord insists that's a mistake though.

A name appears on the electoral roll and you're receiving post for that same person, yet it is a 'mistake' ?

Sounds legit. :rotfl:

Make sure you get evidence of this.

45002

MagnumBI wrote: »

Hello,

After moving out of a property I rented for 3 years 6 months, the letting agency acting on behalf of my landlord has refused return of my deposit £475, claiming damage to the property and has refused to allow for DPS adjudication, instead electing to take me straight to County Court,

Today i received a County Court claim form for £1122.60 plus £70 Court Fees, which from previous conversation with the letting agent, I believe to be for the replacement of carpets, repainting of walls, a "deep clean" and other assorted cleaning costs. The letting agent has not provided an exact breakdown of these costs, nor receipts at this point, just the total amount.

The landlord does have what could be seen as compelling photographic evidence (the carpet was white, after 3 and a half years it is genuinely in poor condition). They do not however, have a fully completed inventory or schedule of condition, just one which was never seen or signed by me, which does not include some of the items I believe they are claiming for, while other items (such as the carpets) do not have their condition at move-in noted,

It is my belief, that the landlord will attempt to claim I was the first tenant in a new build property and thus a signed schedule of condition is unneeded.

My options are to within 14 days (or 28 if I wish to delay) either admit the full amount, admit part of the amount or admit nothing.

Although I think it'd be reasonable to admit part of the amount, I have nothing to really base an offer on, with no detailed breakdown of the £1122.60.

If I were to write to the letting agency, are they under any obligation to provide me a full breakdown to assist my response to the courts claim form? Further to that, are they under any obligation to provide me receipts at this point? Or is my best option to admit nothing and let it come out in court?

Never understand why people have to use 2 different forums on same topic

http://www.consumeractiongroup.co.uk/forum/showthread.php?395928-Landlord-taking-deposit-dispute-to-County-Court

MagnumBI

Yes, to clarify, it was they who announced they were starting the DPS claim procedure. I wrote back and advised that was equally my will and I was happy to abide by the DPS decision.

When the DPS declaration arrived, the landlord was claiming full collection of the deposit, which I refused, stating they were entitled to nothing and ticked the box asking for it to proceed to adjudication.

They in turn refused adjudication and wrote to me stating that because they did not wish to enter DPS dispute resolution, they had to give me a chance to "self resolute", giving me 3 days to attend their office, or they'd commence Court Action. That's when I refused and asked instead that any offers were kept in writing......and then I got the court papers.

MagnumBI

45002 wrote: »

Never understand why people have to use 2 different forums on same topic

I wondered if that would be frowned upon, however as responses had been very slow (but helpful) over there until yesterday, I brought my query here.

Nothing wrong with seeking advice from multiple avenues, I'd hope.