My landlord dispute update

Viberduo

Ok, finally got LL to agree to return deposit but he claims he is now taking me to court for his losses as he still claims I rigged meter so the flat is unlettable, that my claims of having photos of a spotless flat(minus the junk the previous tenant left when I moved in) are lies, that even though he never protected the deposit I am using that as an excuse because that is not as important as me wrecking the property, he even says for the photos that if I have them how can I prove they were taken when I moved out!

I now have to wait to see if I get the deposit back, but if I do what happens if he tries to take me to court? This is Scotland

Pixie5740

I've just read your previous thread:

https://forums.moneysavingexpert.com/discussion/5060265

Let him try to take you to court. He can't just make things up, he has to present evidence which without proper check-in and check-out reports he doesn't have. Just call his bluff. He probably knows he hasn't got a leg to stand on.

Now you on the other hand do have a case for non-protection of your deposit. You have 3 months from the end of tenancy to take him to the Sheriff court to claim compensation for that.

theartfullodger

You take him to court (or scheme adjudication) for return of deposit. Bet he never takes you to court. And sue him for 3x deposit...

Call Shelter Scotland **free** helpline 0808 800 4444 for advice on any of these...

Viberduo

That is interesting thanks, what I was unsure about was if he returns full deposit I assume he does this so I do not take him to court for 3x the amount, and if he does I cannot them do so or if I can it will be seen in bad taste.

The only reason I would take him to court over 3x the amount is if I don't get the initial deposit back, or it stops him being able to take me to court for his alleged losses.

If he does try and take me to court for his alleged losses how would that work as he does not know my new address, just worried if he does so and I do not know and so do not turn up he will win, also would it be the town where I used to live(45 miles but 2 hours by bus as no direct route)

I am a fair person am not going to be greedy and ask for 3x the deposit plus the initial amount and only want to take him to court for 3x if he tries to take things further.

Viberduo

Anyway I just rang the utility company to check and they say no notes on file to say the meter has been tampered with for that address and the name on the account currently is not mine(couldnt tell me name obviously)

I also tried the police who told me that it is not something they get involved with its the utility companies themselves that deal with it.

happy_bunny_2

As per my previous post, complain to the council about him. They may consider him unfit to be a landlord. Does he have a reference number?

Write to him, tell him if he continues to be unreasonable you have been advised to take him to court for 3x deposit etc as unprotected.

And call shelter Scotland.

G_M

Are the rules in Scotland the same as England? Down south, if a deposit was not registered you can still take the LL to court for the penalty even if/when he has returned the deposit. It is a penalty for not complying with the law.

So. If he takes you to court, you
a) enter a defence for whatever damage he claims and
b) entera 'counter claim' for the penalty