taking a landlord through small claims court

thequant

G_M wrote: »

Sorry - to be clear, I wmeant not to include them in a court claim.

If wishing to include in a letter to the LL, as 'leverage', be careful how your word it. Blackmail is a crime.......

I'd avoid it at all, the reverse of using it as leverage is basically saying I will knowingly not report your offences if I get my money, which the judge will take a dim view of.

RobMolyneux

thequant wrote: »

I'd avoid it at all, the reverse of using it as leverage is basically saying I will knowingly not report your offences if I get my money, which the judge will take a dim view of.

my intent is to not mention it at all, but to use the term HMO in my summary of the situation.

based on the comments re the deposit scheme, its clear that i need him to be a landlord and me a tenant, rather than a lodger, so i want it to be clear that is my understanding.

I'll not mention his registration at all.

if it goes as far as court, I will probably mention both things as it will help put him in bad light, which can only assist my case i would have thought.

thequant

RobMolyneux wrote: »

my intent is to not mention it at all, but to use the term HMO in my summary of the situation.

based on the comments re the deposit scheme, its clear that i need him to be a landlord and me a tenant, rather than a lodger, so i want it to be clear that is my understanding.

I'll not mention his registration at all.

if it goes as far as court, I will probably mention both things as it will help put him in bad light, which can only assist my case i would have thought.

By all means, try to get him to declare his status. If he lies, it will come back to haunt him later during any subsequent court case.

Also should it go to court, almost certainly dish all the dirt you can on the LL in your witness statement.

Pixie5740

If it goes to court you can't start flinging mud about the other things the landlord should have done. You just need to stick to the facts i.e. you want your £200 back and that you were a tenant and not a lodger (if that's indeed what you were) therefore there's a penalty to be paid. I doubt you'll be calling witnesses either.

If you want to stick it to the landlord for the other things then start reporting him to HMRC, HSE and the council.

thequant

Pixie5740 wrote: »

If it goes to court you can't start flinging mud about the other things the landlord should have done. You just need to stick to the facts i.e. you want your £200 back and that you were a tenant and not a lodger (if that's indeed what you were) therefore there's a penalty to be paid. I doubt you'll be calling witnesses either.

If you want to stick it to the landlord for the other things then start reporting him to HMRC, HSE and the council.

These might not be a material facts in terms of the dispute, but no harm in mentioning them as an aside (i.e. dont go overboard or build your case around them) in the witness statement should it go to court.

I've taken people to court in the past, and including facts about the other party if they are relevant and provable but unrelated to the cases is allowed and can influence the judge as to which party is the most credible if it comes to someones word against someone elses.

dancingfairy

I think you have 2 cases. 1 for non-protection and 1 to get back the remainder of the deposit.
Df

csgohan4

Report for Tax evasion either way.


If we pay tax why shouldn't your landlord???

RobMolyneux

@ G_M

I've just been reading through the informative post that you have written about the deposit protection scheme, and went via the shelter england link to read more.

I found their template letter before action, which is great, as it states specific clauses and is clearly more official than my own effort, but their template is set out on the basis that the full deposit has not been returned, and the deposit not registered.

clearly my position, where he feels he has a right to retain a part of the deposit is a different story.


so, my question, which i feel you're well placed to give your thoughts on, is how much if any detail should i go into refuting his claim of excessive utility costs within this first letter?

I have a very strong expectation that i will get no response - and certainly not a worthwhile offer - back from him, so i really just want to make sure that this letter will set me up as well as possible for the expected court hearing.

would this be a case of less is more, or more is more?

thanks in advance.

RobMolyneux

@ G_M

I actually found a better template letter (on the very next line!!) which is for partial retention of deposit and the deposit scheme, but my question re less or more is still open.



@ anyone

the template letter - as most formal letters would - has a placeholder for my address.

I dont want this guy to know my address if i can help it.

I appreciate that I'll have to include it in any claim details, and at that point, so be it, but would it be reasonable to only provide my email address and phone number (which my landlord has already) and not provide a return correspondence address?

G_M

Without reviewing Shelter's template, I would be inclied to keep it simple. Less is more.

Just dispute the deduction since the contract included all bills.

Ideally use your adress (as you say, you'll have to reveal it in court documents) but if reluctant substitute your email.