Late deposit protection of my deposit by my landlady... Small Claims Court?

Jerome_TFB

I just don't understand why people here are so against tenants.

I totally understand that some tenants are bad. But in our case, we are clean, respectful, helpful and pay on time (what all tenants should be).
But I feel that bad landlords should be penalised.
I am not against landlords. I have had many, and they have all been great, bar one.

Guest101

Jerome_TFB wrote: »

it is in the region of £300 / £500

That's the initial fee, but as this is a county court claim, you need professional witness statement, which is atleast £200


Then there's costs such as time off work etc

Guest101

Voyager2002 wrote: »

Taking someone to court is not daunting, at least not with the small claims track. It is, however, expensive. So get hold of the booklet about exemption from court fees and study it carefully to see whether you can reduce these costs.

My experience: I did once send a formal 'letter before action' to a landlord (through the letting agency) and as a result they substantially reduced the amount they were deducting from my deposit. This result was interesting since the landlord (a relative of the agent) just happened to be a judge! - Makes no sense, as you are refusing ADR which would mean that the court would be unlikely to pay any costs to you. The judge may have decided that given their own limited costs claim and therefore the loss of pay, the cheaper option was to reduce. When you say judge do you mean an legally unqualified magistrate?

In this situation I think it will be obvious to the judge that you have brought the case in order to seek revenge against your landlady rather than about the time when the deposit was protected, so that would be seen as an abuse of the court process. You might still win, but in court anything can happen, and that is particularly true of the 'small claims' track, where judges are supposed to make decisions that are fair and reasonable rather than being bound by all technical details.

Onto the meat of what you wrote:


1: This is not claimed via small claims track.
2: It would not be seen as abuse of the court process, as the law requires court action
3: The OP is almost certain to win, by default the position is in their favour.

Guest101

Jerome_TFB wrote: »

In the small claims, the fees depend on how much you are asking to be compensated. In my case it is in the region of £300 / £500 - This isn't claimed via small claims


If things can be sorted out of court, that's great.
If not, I'll add my court costs to my claim (which I am allowed to do)
- You are allowed to claim costs, but you need them initially.

It will not be considered as abuse of the court process, because the landlady remains in the wrong. She has had previous tenants (which she did not have any address for and had no contact details, meaning that it didn't go great), and should know better. - Not relevant.
The law states 30 days. It is as simple as that. This value is not "negotiable" or flexible. it is what it is. She paid late, she is at fault. There is no abuse here.- Agreed
If you read the links I posted, you will see that there is no "exception" to that rule. So my motives are irrelevant anyway. Had she played by the rules, we would not be here. She has been a bad landlady, and has sought revenge on us with our deposit.
I am sure if a judge see my "vengeful" attitude, they would note hers too. - Irrelevant

Their playfield is on the amount of penalty they charge. The minimum is 1x deposit, max 3x.
If we end up going to court, I will ask for 3x, and get whatever I get (which should be minimum 1x)

I'd say you'll get 1x the value, it's very (VERY) rare to get 3x

Jerome_TFB

Guest101 wrote: »

I'd say you'll get 1x the value, it's very (VERY) rare to get 3x

1x is fine by me. I do not expect 3x, but if I go to court, I'll try for the max.
From shelter:
"You don't have to use a solicitor to make an application to the court for a tenancy deposit claim. You can ask a housing adviser for advice if you need further advice or help with the process.
Apply to your local county court using Form N208 from HM Courts and Tribunal Service.
Pay court fees
You have to pay a court fee of £308 to start your claim, but can claim it back from your landlord if you win your case. You lose the court fee if you don't win."

Guest101

Jerome_TFB wrote: »

Shelter explains that it is via the small claims court etc. No need for attorney witness etc.

I'm afraid (unless things have drastically changed) - shelter is incorrect, can you send the link?

Jerome_TFB

Guest101 wrote: »

I'm afraid (unless things have drastically changed) - shelter is incorrect, can you send the link?

Sorry I corrected, I saw I was wrong.
But should I have to pay £500+, I will pay whatever to get what I am owed, plus I will get this back paid from the Landlord.

Guest101

Jerome_TFB wrote: »

Sorry I corrected, I saw I was wrong.
But should I have to pay £500+, I will pay whatever to get what I am owed, plus I will get this back paid from the Landlord.

Filing he is (approx. as it changes every year) £215. Then there is a hearing fee on top. EDIT: £308 - crazy it's jumped £90 in 2 years


You'll want a proper case (with document, case law, appendices and witness statement ) £3-400


+ your costs initially (time off work, travel, etc.)


You will (likely) get it all back. Costs are always at judges discretion, but in the majority of cases the fees are repayable.

Jerome_TFB

Guest101 wrote: »

Filing he is (approx. as it changes every year) £215. Then there is a hearing fee on top. EDIT: £308 - crazy it's jumped £90 in 2 years
You'll want a proper case (with document, case law, appendices and witness statement ) £3-400

+ your costs initially (time off work, travel, etc.)

You will (likely) get it all back. Costs are always at judges discretion, but in the majority of cases the fees are repayable.

From Shelter's website:
http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

They do not mention witness statements etc. They say it is fairly straight forward...
I will speak with a housing adviser if it comes to this. But by the sound of it, you do not need to go to a hearing if your landlord replies to the case. If they do not reply or want to challenge it in court..
So it might not even get to this.

Have you sued a landlord yourself and gone through the process?

Guest101

Jerome_TFB wrote: »

From Shelter's website:
http://england.shelter.org.uk/housing_advice/tenancy_deposits/tenancy_deposit_compensation_claims

They do not mention witness statements etc. They say it is fairly straight forward...
I will speak with a housing adviser if it comes to this. But by the sound of it, you do not need to go to a hearing if your landlord replies to the case. If they do not reply or want to challenge it in court..
So it might not even get to this.

Have you sued a landlord yourself and gone through the process?

Just generally when going to court, you must supply all evidence to both the court and the respondent prior to the hearing. (sometimes known as your 'bundle').


It is fairly straight forward, by court standards. But it's not you turning up on the day with some papers. You need to have a clear case, with evidence and the evidence be accessible:


E.g. My tenancy agreement (Apendix 1.A) confirms by deposit.

Print outs (Apendix 1.B,C,D) from the 3 recognised protection schemes show....

Etc. Etc.


If you don't file a discontinuance, then you must go to court.


- No I have never sued a LL, but I have been to court on other matters. I produced my own witness statement, my solicitor tidied this up, including putting it court format. (mine was sufficient so as to not get charged extra on top of a hearing fee - the solicitor was impressed with what I had done) - it took me 4 hours and I have a reasonable working knowledge.