Letter before action- iv had a reply!

Stevie_Palimo

Guest101 wrote: »

Good for you.

So the LL breaks the law, risks the tenants money, but because shes returned it after a load of stres it's ok?

For me, screw that and screw the LL. Court, straight away.

The LL can have a list as long as they want, it's proveable damages. Which will be quite difficult.

Perhaps you do not understand the UK Court system then as all cases laid before any judge are weighed up on the balance of probabilities therefore meaning that a judge could favour either side here.


My point of getting the deposit back and moving on would be seen as a universal point from most people out there that would not want the hassle, expense and time consuming agro of a court case that there is no actual guarantee of winning outright.

Guest101

Stevie_Palimo wrote: »

Perhaps you do not understand the UK Court system then as all cases laid before any judge are weighed up on the balance of probabilities therefore meaning that a judge could favour either side here.


My point of getting the deposit back and moving on would be seen as a universal point from most people out there that would not want the hassle, expense and time consuming agro of a court case that there is no actual guarantee of winning outright.

Could there be a counter claim? - yes.

Can the LL defend against not protecting the deposit. - Absolutely not.

Perhaps you should work out the ligislation before you comment. Next you'll be telling me a tenant can defend a valid s.21 notice?! (i mean he can try to, but there's not defence in law)

King_Slayer

OP, has sent a letter which has been acknowledged and deposit will be repaid. How is the OP out of pocket? Why not take the money and move on? If there is the possibility that LL will counterclaim (which they most certainly will) Is it actually worth the risk?

Bottom line £500+ deposit paid, Deposit returned.

Guest101

King_Slayer wrote: »

OP, has sent a letter which has been acknowledged and deposit will be repaid. How is the OP out of pocket? Why not take the money and move on? If there is the possibility that LL will counterclaim (which they most certainly will) Is it actually worth the risk?

Bottom line £500+ deposit paid, Deposit returned.

The OP isnt out of pocket. Thats not what a penalty is about.

Mallotum_X

Small claims court frequently find against tenants for full replacement costs, many agents prefer to get straight to small claims rather than via any of the scheme negotiations as it's seen as fairer from the LL point of view.

The op has their money back and could gamble getting a penalty in their favour against the counter claim that will come from the landlord.

Not worth the risk of ending up out of pocket from this position.

Take the money and walk away.

TopQuark

If I were the tenant, I most certainly would pursue this. It sounds like the LL has flouted numerous laws and tried to threaten and intimidate to keep the deposit and thus needs to be taught that such behaviour is unacceptable. If there was no inventory taken, the LL has little chance of proving any damages whatsoever.


Not only would I pursue the penalty, I'd also notify the lender that the property is let, give HMRC a call, and let the relevant council departments know about the damp problems and lack of gas safety protection. Since the LL couldn't be bothered to protect the deposit or take an inventory, it's unlikely they obtained consent to let or have notified HMRC of their business activities, so I'd rectify this for them.


Good luck OP, don't be frightened into a corner by scaremongering - have a chat with Shelter who will be able to explain your options.


TQ (LL in France, tenant in Switzerland).

Guest101

Mallotum_X wrote: »

Small claims court frequently find against tenants for full replacement costs, many agents prefer to get straight to small claims rather than via any of the scheme negotiations as it's seen as fairer from the LL point of view.

The op has their money back and could gamble getting a penalty in their favour against the counter claim that will come from the landlord.

Not worth the risk of ending up out of pocket from this position.

Take the money and walk away.

A penalty claim for deposit isn't usually through the small claims court.

If the tenant doesn't do their homework, they get the trousers pulled down. That's nothing to do with court and everything to do with going unprepared.

Not using ADR is generally frowned upon by the court.

AdrianC

Another vote here for taking the deposit and saving your blood pressure.

Then, next time, make sure it's been protected and the PI issued within the 30 days.