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No win no fee lawyers - the easiest way to get my deposit back?
BalsaMonolith
Posts: 3 Newbie
Hello, I have been browsing this forum for several weeks, and others, trying to find the best solution to deal with my problems with a previous landlord. I just want to say that I am not out to profit, or to punish, but I just want a stress free way to recover the money that belongs to me.
When I moved in to the property, I was encouraged to sign a vague inventory, in the ll's own property (not that which I was to be living in) saying 'all items in good order unless stated otherwise'. I know it is ridiculously naive, but I signed and agreed. I have rented numerous properties before and have never had any trouble with dishnoneslandlords, I have always been a good tenant, paying in a timely manner and leaving things in good order, and my landlords have always been good to me n return, so I had no reason to believe this seemingly nice person would try to screw me over so badly.
The ll did mention when looking round the property tha the furniture was 'antique' and to 'take care' which of course we did, but had no reason to presume it should not be used at all....
On moving out, the ll told us that there was scuffed varnish on the 'antiques', and that some of the decorative material was detached/unglued, and that there was a small stain on some upholstery.
Ll is saying that it will cost HUNDREDS in repairs to two dining room chairs. This claim is bogus, thin, not least because the furniture was not in pristine condition when we moved in, also there is no way it would cost hundreds to vanish two chairs and clean upholstery.
I am trying to get the landlord to use the ADR to resolve this, as I think it would be fair for them to show that we caused the damage, and show receipts for the work, rather than make arbitrary clams on our money to the tune of a few hundred pounds, just because they fancy it.
They have rejected the ADR procedure, and I have read on other forums that they can do this indefinitely until tenant takes them to small claims court.
The whole thing is pretty stressful, at the moment we have over a thousand pounds sitting in the dps because ll won't comply.
I realised that there is a legal technicality which means tenant would be entitled to 3x deposit if ll did not protect the deposit within a certain time frame. I also realise there are loads of no win no fee lawyers ready to take on such a case. My ll took months and lots of heavy persuasion to use the scheme, they were very hesitant to separate it from their own money!
As I mentioned at the top, I do not want 3x my deposit, I just want the deposit tha is owed to me. The fact that ll is making it so painful to extract, and is obstinate about providing any real evidence but will not agree to use ADR makes me feel I have no choice but to use such a method to recover my money without causing further stress.
If ll had made reasonable claims I would be less inclined to do so, but the fact so many ll (as far as I can tell by reading forums) just have they idea that they can help themselves to a chunk of a deposit because it is easy for them, AND tell the tenant that they deserve it really infuriates me.
I will add that the furniture is not of any great monetary worth, and we were certainly not negligent in its use. There was a large amount of dilaptidation in the flat when we moved in, some of which we have recorded as it made the flat unliveable, (broken windows, fixtures, broken furniture....) but small things like scuffs to varnish of course we did not record. Basically everything that we did not record at the start of the tenancy she is blaming us for, and is saying he is being a 'reasonable' ll by 'only' charging hundreds of pounds for these chairs he probably found on the tip!
So, sorry for the long post, but my questions are:
A. I would feel bad squeezing more than the value of the deposit out of the landlord, because I do not want to take advantage and profit from them. Am tempted to use this no win no fee to recover the cost of my deposit, then let ll keep whatever extra is awarded, less the high lawyers fee. Des this sound like a terrible idea
B. I have the impression these lawyers can be unscrupulous, and would be worried this could escalate into something that ends up worse for us and the ll. I just ant a fair and stress free resolution. Would using one of these lawyers be at odds with that?
When I moved in to the property, I was encouraged to sign a vague inventory, in the ll's own property (not that which I was to be living in) saying 'all items in good order unless stated otherwise'. I know it is ridiculously naive, but I signed and agreed. I have rented numerous properties before and have never had any trouble with dishnoneslandlords, I have always been a good tenant, paying in a timely manner and leaving things in good order, and my landlords have always been good to me n return, so I had no reason to believe this seemingly nice person would try to screw me over so badly.
The ll did mention when looking round the property tha the furniture was 'antique' and to 'take care' which of course we did, but had no reason to presume it should not be used at all....
On moving out, the ll told us that there was scuffed varnish on the 'antiques', and that some of the decorative material was detached/unglued, and that there was a small stain on some upholstery.
Ll is saying that it will cost HUNDREDS in repairs to two dining room chairs. This claim is bogus, thin, not least because the furniture was not in pristine condition when we moved in, also there is no way it would cost hundreds to vanish two chairs and clean upholstery.
I am trying to get the landlord to use the ADR to resolve this, as I think it would be fair for them to show that we caused the damage, and show receipts for the work, rather than make arbitrary clams on our money to the tune of a few hundred pounds, just because they fancy it.
They have rejected the ADR procedure, and I have read on other forums that they can do this indefinitely until tenant takes them to small claims court.
The whole thing is pretty stressful, at the moment we have over a thousand pounds sitting in the dps because ll won't comply.
I realised that there is a legal technicality which means tenant would be entitled to 3x deposit if ll did not protect the deposit within a certain time frame. I also realise there are loads of no win no fee lawyers ready to take on such a case. My ll took months and lots of heavy persuasion to use the scheme, they were very hesitant to separate it from their own money!
As I mentioned at the top, I do not want 3x my deposit, I just want the deposit tha is owed to me. The fact that ll is making it so painful to extract, and is obstinate about providing any real evidence but will not agree to use ADR makes me feel I have no choice but to use such a method to recover my money without causing further stress.
If ll had made reasonable claims I would be less inclined to do so, but the fact so many ll (as far as I can tell by reading forums) just have they idea that they can help themselves to a chunk of a deposit because it is easy for them, AND tell the tenant that they deserve it really infuriates me.
I will add that the furniture is not of any great monetary worth, and we were certainly not negligent in its use. There was a large amount of dilaptidation in the flat when we moved in, some of which we have recorded as it made the flat unliveable, (broken windows, fixtures, broken furniture....) but small things like scuffs to varnish of course we did not record. Basically everything that we did not record at the start of the tenancy she is blaming us for, and is saying he is being a 'reasonable' ll by 'only' charging hundreds of pounds for these chairs he probably found on the tip!
So, sorry for the long post, but my questions are:
A. I would feel bad squeezing more than the value of the deposit out of the landlord, because I do not want to take advantage and profit from them. Am tempted to use this no win no fee to recover the cost of my deposit, then let ll keep whatever extra is awarded, less the high lawyers fee. Des this sound like a terrible idea
B. I have the impression these lawyers can be unscrupulous, and would be worried this could escalate into something that ends up worse for us and the ll. I just ant a fair and stress free resolution. Would using one of these lawyers be at odds with that?
0
Comments
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You don't need a solicitor.
Either use the Small Claims Track to claim your deposit back (lawyer fees cannot be claimed by either side).
Or claim the 3 times penalty via the County Court (legal fees paid be loser).
Some courts may allow you to claim the penalty via the SCT, but ask first.0 -
Thank you for your response.
I am slightly worried that if they did show that we scuffed the varnish, or did any of the other 'damage' which they claim we did (neither party has proof either way, although it was dilapidated when we moved in) that the claim won't be valid? I understand it is pretty cut and dried when it comes to claiming the 3x the deposit if they haven't put the money away with 30 days, but is there any chance they could take ll side? I know it shouldn't cost hundreds, as they are claiming...I wouldn't mind paying a bit for rebar using to make them happy but asking for hundreds is greedy.0 -
Having not see the varnish, or heard whatever statements you each will make, or seen whatever documentation you may each produce, no one here can say whether a court would support your claim for the full deposit, or the LL's claim for an appropriate deduction.
As for what an 'appropriate' deduction would be, that depends on the age of the items, the costs to repair them, the reduction in value etc.
Are they as you say 'antiques'? In that case, I can see that professional repair could be expensive.
On the other hand, if they are just 'old', with a limited life left even undamaged, then the deduction should reflect that.0 -
As G_M says, use the Small Claims track
https://www.moneyclaim.gov.uk/web/mcol/welcome
If the inventory was 'vague' how is the LL going to be able to prove what state anything was in when you moved in? I doubt whether 'in good order' has any legal meaning.0 -
Many thanks both, for taking the time to respond to this post. I will check this out, if she does not give up and return the deposit less anything she can actually prove we owe.0
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Why not just write a letter explaining that due to late registration of the deposit, you are able to claim upto 3* in court, but that you will not pursue this if the deposit is returned in full within 7 days? If this fails then go to court.0
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