Landlord withholding deposit for false charges

poolcha

I recently moved out of an HMO property where I was renting with friends. The landlord is unfairly and falsely claiming almost double the value of the deposit because we would let a nurse from the next door care-home park on our drive throughout the pandemic (so she wouldn't have to get public transport and risk catching the virus), LL claims this is proof of extra tenants residing in the property, despite us sending a photo of the car's registration document showing the nurse's car registered address elsewhere. LL is claiming £10k in damages for lost rent + some extra exaggerated damages. The deposit is fortunately held within the DPS scheme. We have rejected her claims via the DPS scheme, however she has chosen to avoid the DPS dispute process and claims she is going through the courts instead.
We have tried and failed to reason with her; now it's been over a month since we moved out, and we're just waiting for the court claim to come. Is there anything we can do to speed the process up or put pressure on her to drop the false charges? Thanks

fishpond

Turn up in court and state your case.
The LL either has a case for you to answer or you may not hear anymore.
We need the full, unabridged story as £10000 is a lot for what you initially suggest.
How can a claim be partway through the DPS process and then be taken to court.
It would only go to court if the money involved was for more than the DPS deposit after the DPS ruling or bypass the DPS from the start.

greatcrested

The LL has no case. The judge will find in your favour.

However, I wonder if the LL is actually going to make an application to the court or simply donothing and hang onto your deposit? You might have to make the claim for the deposit to be returned yourself.

I would send a 'Letter Before Action'.

moneysavinghero

LL is probably trying it on. Knows the DPS will never award in her favour, so hopes threatening you with court action will make you cough up. Also knows shes is unlikely to win in court, so most likely will never make it to court. Won't be going to court anytime soon even if she does.

pphillips

Wait for the court claim to arrive in the post and put in your reply, keep in contact with the nurse or their employer as you may need to obtain a witness statement to support your defence.

AdrianC

poolcha said:

I recently moved out of an HMO property where I was renting with friends. The landlord is unfairly and falsely claiming almost double the value of the deposit because we would let a nurse from the next door care-home park on our drive throughout the pandemic (so she wouldn't have to get public transport and risk catching the virus), LL claims this is proof of extra tenants residing in the property, despite us sending a photo of the car's registration document showing the nurse's car registered address elsewhere.

The V5C is not proof of non-occupancy, any more than the car on the drive is proof of occupancy.

LL is claiming £10k in damages for lost rent + some extra exaggerated damages. The deposit is fortunately held within the DPS scheme. We have rejected her claims via the DPS scheme, however she has chosen to avoid the DPS dispute process

You mean the DPS have returned your deposit?

...and claims she is going through the courts instead.
We have tried and failed to reason with her; now it's been over a month since we moved out, and we're just waiting for the court claim to come. Is there anything we can do to speed the process up or put pressure on her to drop the false charges?

Ignore her completely.

In the unlikely event a court claim is lodged, simply lodge a factual defence - that the person was not resident (and even if they were, you are not liable for their rent), and that the damages are exaggerated and she chose not to provide proof to the DPS arbitrators, instead allowing them to return the deposit.

The court will throw it straight out.

saajan_12

Nawt as queer as folk, but to check, is the LL claiming agreed, contractual rent or damages due to a breach of contract?
a) The former would be if the rent was agreed as £x per person, you paid for 2x but if you had 3 people living there you should have paid 3x. Practically unheard of unless bills were included..
b) The latter would be if you had a fixed rent for the whole property (including parking) and agreed there would be only 2 people. IF you in fact had 3 people, and the extra person caused the LL to suffer actual increased costs / damages. This could be eg more wear & tear, more utilities usage if bills were included, licencing fees if  they had to get a HMO licence. They can't just make up a rent giving them a profit. 

Both are pretty ludicrous and difficult to prove, but just trying to explore and understand the argument and hence direct your response if / when they actually engage in court / DPS. Until it gets to that point, just put in a single claim for the deposit via the deposit scheme. 

dimbo61

Have you got the full deposit back ?
If you have wait for the court letter then come back to this forum.

greatcrested

My reading was that the LL has not returned the deposit and has opted (as his his right) for the dispute to be settled by the courts, not the deposit scheme.

Hence my advice to send a Letter Before Action to reclaim the deposit, since like moneysavinghero above, I doubt the LL will go to court.

So the OP must.