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[Deleted User]

GloriousEuropa wrote: »

Thank you. So in your view I should not worry this has been allocated to small claims track?

And if I included a claim for court fees, will the judge order them paid back by the landlord if they rule that the DPS law was breached, but the landlord successfully counterclaims the damages?

And is the counterclaim likely to be successful if the landlord billed me the full amount of a brand new carpet instead of accounting for 3 1/2 years of use of the original?

If you win then your court costs can be awarded against the landlord.

I honestly don't know about the counterclaim. It very much depends on what evidence he supplies. If you have claimed the full amount of the deposit back as part of your claim and he can prove there was damage over and above fair wear and tear then I wouldn't expect you to get the full £500 of the original deposit awarded to you.

AdrianC

GloriousEuropa wrote: »

So you don't think it's a little unsavoury to receive the house back with wear and tear and go through it with a microscope, after 3 1/2 years of tenancy?

Fair wear and tear is one thing.

Broken freezer drawers, burnt carpets, and stained worksurfaces are not fair wear and tear. They're avoidable damage.

rosieflowers

Good luck OP, really hope that you win here. Let us know.

G_M

The claim for the penalty may fail as it is the wrong process. The penalty claim should go via Form N208 as detailed by Shelter here:

How to make a tenancy deposit compensation claim

However some courts have accepted penalty claims via small claims. It's their discretion.

The claim for the deposit is separate but can be included alongside. Even if (when) the penalty claim succeeds, the deposit is not automatically returned. Since much of the LL's claim for damages is justified, and is likely to be counter-claimed by the LL, the return of the full deposit is unlikely.


I've not read every post in the thread, but some of the replies have been misleading - you will need to decide which posts have provided accurate or inaccurate information........

[Deleted User]

G_M wrote: »

The claim for the penalty may fail as it is the wrong process. The penalty claim should go via Form N208 as detailed by Shelter here:

How to make a tenancy deposit compensation claim

However some courts have accepted penalty claims via small claims. It's their discretion.

The claim for the deposit is separate but can be included alongside. Even if (when) the penalty claim succeeds, the deposit is not automatically returned. Since much of the LL's claim for damages is justified, and is likely to be counter-claimed by the LL, the return of the full deposit is unlikely.


I've not read every post in the thread, but some of the replies have been misleading - you will need to decide which posts have provided accurate or inaccurate information........

The OP used form N208 and the questionnaire suggested the small claims track was probably the best one so how can the correct process not have been followed?

G_M

Lover_of_Lycra wrote: »

The OP used form N208 and the questionnaire suggested the small claims track was probably the best one so how can the correct process not have been followed?

Ah! I admit I skim read. My mistake. But as I said:

you will need to decide which posts have provided accurate or inaccurate information.......

!!!!!. :rotfl:

G_M

GloriousEuropa wrote: »

As per another thread, I used the N208 form, and stated on the form I am making a Part 8 claim.

In my defense I read post 7 and jumped to a conclusion
I

did claim the penalty and the original deposit. And yeah I opted for the small claims track as on the questionnaire it didn't really give me any other choice.

Mind you, not sure what 'questionaire'.

G_M

Yes go to court.


Since the deposit was not protected (I assume you checked all 3 schemes?) you will win this and reive the penalty. Minimum 1 times the deposit.


Whether you will win the full deposit itself is up to the court - they may agree some of the deductions, they may not.

G_M

GloriousEuropa wrote: »

Thanks. And yes the three schemes responded that they have no records, which I didn’t even need as the landlord admitted he didn’t protect it in his defence.
then you are guaranteed at least 1x the deposit as penalty, and maybe 3x.


If they agree with a deduction for the carpet will they agree to the 100% cost of new carpet that he took despite 3 1/2 years wear and tear on the original? No. But you should make sure you raise the issu of 'betterment'.

Btw he didn’t even refund the £63 remainder he claimed I had left out of the £500 deposit. I sent the court Bankstatement showing it never arrived in my account, and he didn’t address that in his defence.

Then as it's on your claim, it should be resolved by the court.

G_M

'Betterment' is explained in my post here:


* Deposits: payment, protection and return