taking a landlord through small claims court

G_M

As I understand it you are claiming the penalty (3 times) for failure to register the deposit as required where a tenancy exists?
Thus the only 2 relevant issues are
* was it a tenancy?
* was the deposit registered?
Everything else is irrelevant and can be ignored

RobMolyneux wrote: »

As a summary to avoid re-reading the thread:

.....

So since my last posting in here, I submitted all the required documents to the courts at the end of last month, which included:

* My claim form setting out the one remaining issue relating to the failure to secure my deposit as above

* witness statements from 2 former housemates confirming that i lived there, that we were not provided any services which could make me a lodger, and a few other things did these statements include the fact that the LL was non-resident?

* proof that my landlord lived elsewhere - so not a live in landlord (i.e. i am not a lodger, etc.)
His utility bill elsewhere is an indication but not proof. He may have a 2nd/holiday home elsewhere....

* transcript of key text messages relevant to the claim (not sure if it will be accepted or not, but thought i might as well issue)
do you still have the originals?

* proof that my deposit wasnt held in any schemes good

* the advert for the property which states live out landlord, etc.
good

Today, I received a response from him (via the courts) saying that he's contesting it. I've not read all of the supporting docs yet, but have read a his response and a couple of witness statements he's included.

Essentially, he's claiming that I was a lodger - which by legal definition i wasn't.

He claims that he clearly explained my status as a lodger to me when i took on the room.
irrelevant what he explained. Ignore.
Now its my word against his, but he didnt, but i dont believe it matters as his definition is irrelevant. Is that right? If he said he was I was a martian, i wouldnt be.correct.

Beyond that, he's provided a lot of responses (in some cases true, some not, but all mud slinging) relating to reasons he may have withheld my deposit.All irrelevant. Ignore

I have text messages and emails from him giving me a wholly different reason for why he withheld the deposit, but ultimately I dont think any of it is relevant as that is not part of my claim.
correct
He settled the deposit issue by paying me the money back, and there is absolutely no reference to his withholding of my deposit within my claim or any of the supporting docs. correct

Ultimately, the advice i could do with relates to the following:

What happens now? What do i do next?

Should i counter (where i have evidence) the false claims he's made about me, or do i ignore it as it has nothing to do with my claim? Ignore. The judge will take no notice of irrelevant issues; in fact it will harm him as he'll come over as desperate

Is mud that he's flung (and supported by witness statements that are wholly untrue, but that i can only counter by my word) going to go against me, or do i rise above it and will a judge ignore it if it's not relevant? as above

thanks in advance for your help.

Make sure when you go to court and present your case that you stick to the relevant facts. Ignore his irrelevant defence points. Just explain point by point why you had a tenancy, as opposed to being an Excluded Occupier' (lodger), and then confirm the deposit was not registered as required by the Housing Act.

RobMolyneux

G_M wrote: »

As I understand it you are claiming the penalty (3 times) for failure to register the deposit as required where a tenancy exists?
Thus the only 2 relevant issues are
* was it a tenancy?
* was the deposit registered?
Everything else is irrelevant and can be ignored

Make sure when you go to court and present your case that you stick to the relevant facts. Ignore his irrelevant defence points. Just explain point by point why you had a tenancy, as opposed to being an Excluded Occupier' (lodger), and then confirm the deposit was not registered as required by the Housing Act.

thanks again for coming back and giving your thoughts. As before, it is much appreciated.


* witness statements from 2 former housemates confirming that i lived there, that we were not provided any services which could make me a lodger, and a few other things did these statements include the fact that the LL was non-resident? Yes, i included the statement "at no time during the period did the defendant stay in the property overnight" or something similar in the signed witness statements

* proof that my landlord lived elsewhere - so not a live in landlord (i.e. i am not a lodger, etc.)
His utility bill elsewhere is an indication but not proof. He may have a 2nd/holiday home elsewhere.... in his response he's claimed that his girlfriend managed the financial side of things and this is her address - so your point stands i guess

* transcript of key text messages relevant to the claim (not sure if it will be accepted or not, but thought i might as well issue)
do you still have the originals? yes, everything still exists on my phone

* proof that my deposit wasnt held in any schemes good in his response he's accepted he's not protected the deposit

* the advert for the property which states live out landlord, etc.
good in his response he's included a copy of the advert with a change which show's "live in landlord" - there's no date on it though. Mine is dated, but dated after i moved out, as i didnt think i needed to keep a copy when i moved in. I still think mine should have more weight.

Today, I received a response from him (via the courts) saying that he's contesting it. I've not read all of the supporting docs yet, but have read a his response and a couple of witness statements he's included.

Essentially, he's claiming that I was a lodger - which by legal definition i wasn't.

He claims that he clearly explained my status as a lodger to me when i took on the room.
irrelevant what he explained. Ignore. My thoughts, too. Thanks.
Now its my word against his, but he didnt, but i dont believe it matters as his definition is irrelevant. Is that right? If he said he was I was a martian, i wouldnt be.correct. Thanks.

Beyond that, he's provided a lot of responses (in some cases true, some not, but all mud slinging) relating to reasons he may have withheld my deposit.All irrelevant. Ignore Thanks.

I have text messages and emails from him giving me a wholly different reason for why he withheld the deposit, but ultimately I dont think any of it is relevant as that is not part of my claim.
correct. Thanks.

He settled the deposit issue by paying me the money back, and there is absolutely no reference to his withholding of my deposit within my claim or any of the supporting docs. correct. Thanks.

Ultimately, the advice i could do with relates to the following:

What happens now? What do i do next?

Should i counter (where i have evidence) the false claims he's made about me, or do i ignore it as it has nothing to do with my claim? Ignore. The judge will take no notice of irrelevant issues; in fact it will harm him as he'll come over as desperate Thanks.

Is mud that he's flung (and supported by witness statements that are wholly untrue, but that i can only counter by my word) going to go against me, or do i rise above it and will a judge ignore it if it's not relevant? as above Thanks.


Thanks again for your comments. There is nothing in the paperwork that has come through saying what happens next. It's obviously going to court, and he's stated in his response that he will make submissions 14 days before the hearing, but i have no idea when the hearing will be. Have you experience of this yourself? Should I be expecting a separate letter from the courts giving me a date?

I could approach a 3rd witness who would be more independent (the two i've used were both disgruntled housemates that he ripped off, and he's said in his response that their disgruntlement will be the reason they signed statements) - our next door neighbour at the property could confirm that they saw nothing to suggest that he ever stayed at the property overnight during that time. Should i ask them for a statement, or is it too late to submit anything else?

Guest101

Its only a minor point, but the LL is a respondent, not a defendant.

RobMolyneux

Guest101 wrote: »

Its only a minor point, but the LL is a respondent, not a defendant.

Of all the words I'd like to use about him, defendant and respondent are nowhere near the top of the list!

thanks, though.

RobMolyneux

bump for G_M...

RobMolyneux

Well, the time is almost here and I go to court on Friday on this matter.

I would ideally like to get one more piece of evidence - a witness statement from my former next door neighbour.

As I'd not have time to submit it before trial, is it likely to be accepted by the judge, or will it be dismissed out of hand?

Is there any harm it taking it along on the off chance.

thanks in advance.

G_M

Well the worst that can happen is the judge refuses to allow it, so you'd be no worse off.

Small Claims hearings are fairly informal: no lawyers; held in a side room, not the main courtroom; informal procedures etc so judges often dispense with strict procedures and allow some leeway in the interests of justice.

Take the witness statement with you - or better still, take the witness!

(I assume the witness statement is along the lines of "I've never seen the owner/landlord staying/living in the property next to mine." - yes?)