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GloriousEuropa

Removed for privacy

tom9980

I have accepted property back in worse state than this and deducted nothing but being fair you don't show us all the pictures. Is there a check-in and check-out inventory?

Looks like you have a bit of an idiot who really doesn't know what their obligations are as a Landlord. Lets be honest he chanced his arm deducting deposit and now has found out he made a massive mistake not protecting it.

So what is your question? just answer the court and continue is the only one we can really give you.

da_rule

When you do your reply to defence I would just point out that the debt is a statutory one, due to his breach of the Housing Act and you are therefore not obliged to show any loss.

sillyhilly

Any of these photos timestamped?

Do you have proof that you took them on check-out?

Where's his photos?

tom9980

GloriousEuropa wrote: »

I have the originals whose EXIF data will verify they were taken on leaving.

I’ll upload his later. Are they really needed though? You can see from mine the property was left pristine.

One glance at the kitchen pic and how it’s at odds with his defence should show you his fundamental dishonesty.

You should include all your evidence in the evidence pack stage. Be guided by the notes of the questionnaire always ticking the mediation boxes so you can show you were reasonable at all times.

If you get offered the deposit in full + x1 the deposit i suggest you take it rather than do court. It is stressful, time consuming and frankly getting paid is difficult.

G_M

If the landlord did not protect the deposit in a scheme, then there is no defense. Certainly his defense is irrelevant to any claim for the penalty for non registration.


As for the deposit deductions, you simply respond as you have here by presenting your evidence and leave it to the court to decide.


But the fact that there is a dispute over the deductions is likely to make the judge award a higher penalty for the failure to protect - closer to 3 times the deposit than 1 times.

sammyjammy

In addition to all of the above even if he had protected the deposit you have grounds, he cannot claim for the carpet on a like for like basis, the carpets look really cheap for starters so probable reasonable cost £100.

tom9980

If you don't counter his claims about deductions from the deposit you run the risk a judge finds in his favour on that part of the case and reduces what you are owed.

The case is pretty straight forward and you are likely to win. You are also likely to get paid given the landlord has assets you can claim against but don't be flippant about how much time and stress the whole thing can cause.

Wanderingpomm

Just tell him if you don’t get it all back you are taking him to court. Who are you mediating with if it’s not in a scheme?

Even if a judge does find in his favour for damage it will be far less than the 1-3x deposit you are guaranteed to get for the non-protection

sillyhilly

GloriousEuropa wrote: »

I have the originals whose EXIF data will verify they were taken on leaving.

I’ll upload his later. Are they really needed though? You can see from mine the property was left pristine.

One glance at the kitchen pic and how it’s at odds with his defence should show you his fundamental dishonesty.

Agreed, and from looking at that, you've left it immaculately. Personally, if I were a LL and came back to that oven, I'd be delighted!

His photos may show other things though. For example, you may have been selective in the photos that you have shared (I'm not saying that this is the case, just playing devils advocate). It is odd, for example, how he is saying there's a crack in the freezer draw but this can't be seen from your photos.

G_M

Go to court.


Claim for the failure to register the deposit - there is no defense.


When making a claim for the penalty (and/or the deposit) via the courts, you will need Form N208 ( see guidance Form 208A )

* Deposits: payment, protection and return


As for the deposit itself, respond to his defense by explaining, as briefly and succinctly as possible, with whatever evidence you have, why you contest the deductions.


The two matters are separate. The first is a foregone clonclusion as it is a matter of fact and the judge has discretiononly as to the amount of the the penalty. The second depends on who/what the judge believes.