Advice required ref my landlord and my deposit

Morrisminor07

Hi,
I'm not the most clued up person about my current situation, so any advice would be gratefully received.
My landlord is suing me through county court for not paying my final months rent.
I withheld it because on the day I gave notice, she informed me that my deposit wasn't in her possession or control.
I originally rented the house through a letting agent and although I got a receipt for my deposit, I didn't receive any information regarding the protection scheme they placed it in. This was a 6 month agreement, the end of which came and went. The landlady then asked if I'd bypass the letting agent and sign an agreement directly with her to avoid needless expense. I do this in aug 2012.
My landlady said shed take care of the deposit they held with them, but my agreement makes no mention of deposit and I've never received any paperwork about it.
On the evening she came round to offer me a further agreement, she said that I had to sign a waiver as she'd not collected the deposit from the letting agent still and needed my authority to do it, if I didn't sign then it could never be reclaimed.
I decided against signing a further agreement, predominantly because she'd proposed a price hike, but also because she has been unbearable as a landlord. Constantly referring to everything needing to be perfect when I leave or else it would need paying for. Ranting at my partner for taking 20 minutes to return home to let a plumber in when no specific appointment had been made. (She threatened to sue for an hour of his time!). I could go on but how she is is irrelevant.
Anyway, I phoned her, gave my notice and did so in writing also. I sought clarification of the position of my deposit and was told that I'd get what I was due minus deductions as she'd now claimed it back.
I told her I would be withholding my final months rent as I didn't trust her but would leave the house in an immaculate state.
I leave next week but she had claimed my rent plus £15 a day in an application to the court.
She has also sent me a certificate from my deposit protection from the original letting agent (my signature on it is badly forged) and a certificate dated from the beginning of my tenancy with her, obviously no signature of mine on it as my assumption is she arranged this online this week to protect herself from a potential 3x deposit penalty.
Any advice? I can't tell u how detestable and controlling this odious woman is and would dearly love to counter her claim.

Lokolo

Well for starters, even if she had put it in this week, you could still sue for upto 1-3x the deposit amount.

You haven't left yourself in a good position by withholding the rent in the first place.

spacey2012

What have you received and from who with regards to this court,

tim123456789

I don't see how the LL forging a deposit certificate is going to help her.

The records at the DPS wont match this forgery

G_M

Her court action forthe last months rent will be successful,since clearly you owe this rent.

However, you can counter-claim for
a) your deposit and
b) the 3 times penalty

I suggest you logonto the DPS swebsite and locate the registration of the deposit (if it exists there).

Obtain proof either that it was never registered or if itwas, then the date of registration.

Iit was never registered, or the date of registration was more than 30 days from the date you paid the deposit (you have an original receipt from the agent yes?), then your counter-claim will be successful.

ValHaller

G_M wrote: »

Her court action forthe last months rent will be successful,since clearly you owe this rent.

However, you can counter-claim for
a) your deposit and
b) the 3 times penalty

I suggest you logonto the DPS swebsite and locate the registration of the deposit (if it exists there).

Obtain proof either that it was never registered or if itwas, then the date of registration.

Iit was never registered, or the date of registration was more than 30 days from the date you paid the deposit (you have an original receipt from the agent yes?), then your counter-claim will be successful.

I agree with the above.

Do the court papers bear the court stamp? Did you receive a Letter Before Action warning that the matter would go to court? If you did not, you should add to your defence that no such letter was received.

As for the last month's rent, you should admit the claim and defend on the basis that the LL claimed your deposit was outwith her control and you wished to offset your losses.

Do you have entry and exit inventories?

Morrisminor07

Thank you, sorry for the delay in my reply I forgot my log in details!
I spoke to the deposit company today who confirmed that she only protected it 2 weeks ago. As she sent me a letter along with the 2 certificates stating 'as I told you, your deposit was protected all along, the chap at the deposit company said that he thought she'd now compounded her wrongful position of not protecting it by using a pre dated certificate to hide her wrong doing. I have been advised that I can't counterclaim her online claim for 3x my deposit as it needs to be a part 8 claim and apparently that's different? My inclination is to counterclaim for 3x my deposit as 'compensation in line with the statutory fine for non protection'. Maybe that way the judge will excuse it not being dealt with through its correct channel?

tim123456789

Morrisminor07 wrote: »

Thank you, sorry for the delay in my reply I forgot my log in details!
I spoke to the deposit company today who confirmed that she only protected it 2 weeks ago. As she sent me a letter along with the 2 certificates stating 'as I told you, your deposit was protected all along, the chap at the deposit company said that he thought she'd now compounded her wrongful position of not protecting it by using a pre dated certificate to hide her wrong doing. I have been advised that I can't counterclaim her online claim for 3x my deposit as it needs to be a part 8 claim and apparently that's different? My inclination is to counterclaim for 3x my deposit as 'compensation in line with the statutory fine for non protection'. Maybe that way the judge will excuse it not being dealt with through its correct channel?

The judge has no discretion here. However sorry he may feel for you, he simply cannot do that.

tim