Removed for privacy

tom9980

Just to show why it is always important for Landlords and tenants to have evidence of any damage before and after the tenancy.

https://www.tenancydepositscheme.com/resources/files/Adjudication%20Digest%20September%202019.pdf

The landlord claimed £442.49 for a replacement kitchen sink including the fitting charge. The landlord
said that the sink had cracked during the tenancy and therefore a replacement was required at the
tenant’s expense.
The tenant disputed the claim arguing the landlord was aware of the crack to the left-hand side of the
sink at the start of the tenancy and chose not to repair it resulting in the crack appearing to the righthand side of the sink during the tenancy.
The adjudicator was provided with check-in and check-out reports which were compiled at the
start and end of the tenancy. The sink was recorded in good, although not new condition, at checkin. At check-out the sink was heavily cracked and was noted by the inventory clerk as requiring
replacement.
The landlord had submitted an invoice to support the claim which was based on a site visit by a thirdparty contractor. The contractor confirmed that a repair was not possible, and replacement was the
only remedy.
The tenant was obligated by the terms of the tenancy agreement to return the landlord’s fixtures and
fittings in good condition, subject to any fair wear and tear. The adjudicator concluded that the sink
had deteriorated beyond reasonable use and therefore an award to the landlord was justified, but
not the full replacement cost. The adjudicator awarded a contribution of £200.00 to the landlord for
replacement including a contribution towards the fitting charge.

So what are the key points here?
It is essential that a landlord provides objective evidence showing the condition of the item at the start
and end of the tenancy. For replacement to be considered as a remedy it is important to ensure that
a third-party contractor’s report is provided to support both the fact that the damage was irreparable,
and that replacement is the only option. Without such a report it is unlikely that the adjudicator would
have been able to justify replacement and find that a contribution towards repair may have been more
suitable. Similarly, a tenant is required to provide evidence to support any statements upon which
they wish to rely. For example, a photograph to show the sink had a pre-existing crack or that this
was reported to the landlord/agent shortly after the start of the tenancy.
When an award for replacement is justified, the landlord is not entitled to charge the tenant the full
cost of returning items to the condition at the start of the tenancy, or to replace items on a ‘new for
old’ basis, as this would be betterment. Allowance must be made for fair wear and tear during the
tenancy and the age and condition of the item at the start of the tenancy.

This is why you should always include ALL evidence.

tom9980

You don't need to submit evidence for mediation. It will do you no harm ticking the box for mediation which normally occurs where the court have someone ring you up at a set time. Hopefully the mediator will point out the mistake the Landlord is making and he will pay up without you having to go to court.

If mediation fails then the court ask that you exchange evidence packs and send them a copy as well before court. Mediation is not pointless if it works and saves the courts time for something more important. The judge in my case was happy that i tried mediation and annoyed the defendant had not participated in our arranged phone call or indeed turn up for our court date.

tom9980

GloriousEuropa wrote: »

So opt to mediate but also include the images of the property, date stamps, and a cover letter countering his damage claims, and send it all back in one neat package to the court?

You don't need to do that yet just send the form back and follow the instructions. At this point it may be better to send the Landlord info on the law regarding deposits directly and that irrespective of him being friendly with the other tenant compensation is due because he broke the law.

steampowered

Op, you started a "Part 8" claim which has a slightly different procedure to the "Part 7" procedure which applies to most small claims (but not this one).

Please read the court rules of procedure which apply to your claim at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part08.

Please take note of the following which is self-explanatory. The long and short of it is that you do now need to provide your evidence.

Just your evidence - you don't need to engage in a pointless tit-for-tat letter tennis arguing the toss over your landlord's defence. Save that for court. Details of anything you want to claim for should already be in your initial claim so there shouldn't be any need to repeat it now.

--
Filing and serving written evidence
8.5

(1) The claimant must file any written evidence on which he intends to rely when he files his claim form.
(2) The claimant’s evidence must be served on the defendant with the claim form.
(3) A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service.
(4) If he does so, he must also, at the same time, serve a copy of his evidence on the other parties.
(5) The claimant may, within 14 days of service of the defendant’s evidence on him, file further written evidence in reply.
(6) If he does so, he must also, within the same time limit, serve a copy of his evidence on the other parties.
(7) The claimant may rely on the matters set out in his claim form as evidence under this rule if the claim form is verified by a statement of truth.

Evidence – general
8.6
(1) No written evidence may be relied on at the hearing of the claim unless –
(a) it has been served in accordance with rule 8.5; or
(b) the court gives permission.
(2) The court may require or permit a party to give oral evidence at the hearing.
(3) The court may give directions requiring the attendance for cross-examination of a witness who has given written evidence.

da_rule

If you are looking to do a reply to defence you need to file and serve it within 14 days of the defence having been served on you.

CPR 8.5(5) sets this out (as these types of claims fall under the Part 8 claim procedure). If you don’t, then CPR 8.6 sets out that you’d need the Courts permission to rely on the evidence.

babyblade41

da-rule is correct. I've just finished a SC although I was bringing the action.

The defendant had 14 days to respond to my claim when notified and explain what evidence they have

I sent all my evidence later on when asked, probably slightly different as a claimant

Keep things relevant without waffle and bullet pointed



The courts explain what you must do

I think you will be fine as it appears the LL is unsure of his contractural duties

da_rule

babyblade41 wrote: »

da-rule is correct. I've just finished a SC although I was bringing the action.

The defendant had 14 days to respond to my claim when notified and explain what evidence they have

I sent all my evidence later on when asked, probably slightly different as a claimant

Keep things relevant without waffle and bullet pointed



The courts explain what you must do

I think you will be fine as it appears the LL is unsure of his contractural duties

I’m talking about something different, a reply to defence. This is the claimants opportunity to respond to the defendants defence.