Small claims court compensation

snapple

When I completed all of the paperwork I put in a claim for compensation but was told by various people that the totally amount I would recieve would be decided by the court, therefore the amount on the claim should be the amount of deposit owed and the compensation would be awarded once we attended court ( advise received from citizens advise). Because she ignored the paperwork we did not attend court and she was only issued with the initial claim with no option for me to argue for compensation. Many of you have said I should just stick with what I have got however, I currently have received nothing from her! I also feel that she has behaved appalling and should be held accountable in some way!! I should maybe also point out I was provided with fake documents about my deposit being protected and was spun a hole web of lies regarding why paperwork couldn't be provided including dying children ( social media quickly saw through that one!)

wrightk

snapple wrote: »

When I completed all of the paperwork I put in a claim for compensation but was told by various people that the totally amount I would recieve would be decided by the court, therefore the amount on the claim should be the amount of deposit owed and the compensation would be awarded once we attended court ( advise received from citizens advise). Because she ignored the paperwork we did not attend court and she was only issued with the initial claim with no option for me to argue for compensation. Many of you have said I should just stick with what I have got however, I currently have received nothing from her! I also feel that she has behaved appalling and should be held accountable in some way!! I should maybe also point out I was provided with fake documents about my deposit being protected and was spun a hole web of lies regarding why paperwork couldn't be provided including dying children ( social media quickly saw through that one!)

Call me cynical but i just dont buy this. From you, or your LL. It is remarkably easy to check with the 3 main deposit protection schemes if your deposit is held or not.

Your LL is being held to account as your are taking her to court. You should be receiving your deposit back, court costs and interest (if you've opted for it)
Fair enough if you didn't realise at the time what the DPS is for and what this meant/is your first rental and similarly the same goes for what you should have been claiming when you first issued the claim (should have gone for 3x), I would just chalk this one down to experience and move on

naedanger

snapple wrote: »

I also feel that she has behaved appalling ...

I also feel she has behaved appallingly.

... and should be held accountable in some way!!

I believe it is up to you to hold her to account.

Fortunately the laws/regulations in this area offer good redress. Tenants whose deposits are not protected within 30 days can, I believe, claim a penalty of 3 times the deposit and recover the deposit itself. Therefore the law allows for tenants to claim good levels of redress (unlike in most other areas where only losses and damages can be claimed).

Unfortunately you did not claim the penalty. I suggest you consult someone who knows about this area of law to see if it is now too late or not.

If you win any case in the civil court, if you are not paid, the onus is on you to instigate enforcement action. As the landlord owns the property you should (unless the landlord has insufficient equity in the property) have a reasonable chance of recovering your claim plus costs of recovery.