Landlord withholding my deposit - Not scheme protected

ManchegoMan

Hi, my situation has been going on a while now, but partly due to my circumstances getting in the way of dealing with this LL. We've recently had a baby and what with xmas it was a hectik period.

Right, I sent a final letter demanding the remaining 500 quid (end of November). He replied with a copy of a letter from his agent. The letter states that they felt the property was not left in the condition it was presented in, data plugs left in walls, garden unmaintained, plus some marks on the carpet.

The LL was managing the property and the agent simply found the tenant. There was no check out fee and all issues had to be dealt with the LL directly. I did think why has the LL gone to the trouble of getting a letter sent out to me (the date on the agent letter was a few days after my last demand letter so he must have made the request soon after receiving my letter). Why did he not just ignore it knowing he was never going to lose in court? Is the LL trying to disuade me from going to court by intimidation?

So, what do I do now? Do I still pursue my claim in court? I'm worried that the LL will bring his so called 'witnesses' into court with him. This means that if I do lose I will have to pay expenses incurred on their behalf won't I? I'm thinking lost wages, travelling expenses, food, drink, etc. It adds up to alot of money.

Any help appreciated because I've got the claim form in front of me, but I'm holding back at the moment.

Thanks.

clutton_2

`whether or not you were found or managed or found+managed by an agent - all disputes are legally the responsibility of the landlord.

The small claims court is one small room, with the judge in a suit, two tables - with you and the landlord sat at one the judge at another. I sued someone recently and
its not at all intimidating.

The only further contact you should have with the LA is to ask/insist on a copy of the final check-out inventory. Did you sign the check-in inventory ? Sit in their office till you get one. Take someone with you as a witness. If you did not sign both In and Out inventories at the same time as the person who did the check-in and check-out it will have a very low legal validity indeed. if they cannot produce a check out inventory, then, they will not have a legal leg to stand on if you take them to court.

A fully signed inventory is the only way a landlord can prove condition.

Go for it - he will either pay up before court, or be made to pay up and end up with a CCJ - but - he will lie in court - remember that.