Taking LL to court

koolkeith

Hi

Not sure if this is the right forum. Anyhow, I'll keep it short, basically my tenancy ended in December,I got a letter from my LL, saying he couldn't return my full deposit, in the letter he didnt say why exactly. It mentioned the flat wasn't professionally cleaned(which it was), there was a check out report done by a third party, which showed the flat was left in a good condition(he also said he wasn't happy with the report and got another one done). He said he would write to me and give me a full break down of the costs etc.

Anyway I spoke to shelter and they saidd to wait for his second letter and then make a dispute, I wrote back a few days after stating I had got the flat cleaned and could prove it and his second check out was invalid as I wasn't present and had moved out.
well the second letter never came and now I cant do the dispute via TDS, so I'm taking him to small claims

Basically I just wanted some advice, I was told I could possibly claim compensation, is this true? and how would I calculate it?

pmlindyloo

Why can't you do a dispute?

http://www.tds.gb.com/resources/files/The-progress-of-a-dispute.pdf

Is the landlord refusing to go through TDS?

koolkeith

There is 3month period, so when I tried I missed that window

agrinnall

What do you think you could claim compensation for? You can claim for what you are owed - the court would adjudicate on the disputed amount - but I don't see what basis you would have for claiming any more than that.

pmlindyloo

Just follow the procedure here:

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/court_action_to_get_a_tenancy_deposit_returned

G_M

No idea why you've done nothing for so long. So has tds returned the deposit to the LL?

Yes - when they contacted you did you a) agree b) disagree/raise a dispute or c) ignore them?

Or did tds not have your conatct details? Why not?

No - if tds still have the deposit then make a claim for it

Or as advised, use the Small Claim Court for the deposit if you think the LLs deductions are unjustified.


* Deposits: payment, protection and return

pmlindyloo

G_M wrote: »

No idea why you've done nothing for so long. So has tds returned the deposit to the LL?

Yes - when they contacted you did you a) agree b) disagree/raise a dispute or c) ignore them?

Or did tds not have your conatct details? Why not?

No - if tds still have the deposit then make a claim for it

Or as advised, use the Small Claim Court for the deposit if you think the LLs deductions are unjustified.


* Deposits: payment, protection and return

The TDS allows the landlord/letting agent to hold on to the deposit and only requests the deposit to be sent to them if the landlords agree to use their dispute process.

http://www.rla.org.uk/landlord/tenancy_deposits/

koolkeith

pmlindyloo wrote: »

Just follow the procedure here:

http://england.shelter.org.uk/get_advice/tenancy_deposits/getting_your_deposit_back/court_action_to_get_a_tenancy_deposit_returned

Thanks alot

koolkeith

My Landlord got back to me, in the reply, he said he sent me letters, and he enclosed them in his letter. But I never recieved any of them.

His finally laid out the deductions. Theres a scratch on the kitchen worktop, so his deducted £400 to replace it, I just wanna be clear, can a LL claim to replace something if its still functionally?

Pixie5740

Yes the landlord can charge you for any damage you caused (over and above fair wear & tear) even if the damaged item is still in a usable state.

What the landlord doesn't get is new for old. How old is the kitchen worktop? How many years use has the landlord had out of it already?

koolkeith

I'm not sure, he said it was brand new. There is some surface scratches, on the check out report the lady wrote "few light scratches"

I know I will have to compensate for the scratches. But wasnt sure on the guide line ie if I have to replace the whole thing