Landlord demanding deposit after Deposit Scheme have returned it to me

AnnBoo

thank you everyone for your help and advice, I really appreciate it

AnnBoo

Hi all, sorry, hopefully a final request for advice on this - he has now emailed asking me for my new address so he can serve court papers - given what people have said about CCJs (and the fact that my last address is the rental house, although there is a mail redirect in place), should I give him this or ignore him?
thanks again 

Grizebeck

AnnBoo said:

Hi all, sorry, hopefully a final request for advice on this - he has now emailed asking me for my new address so he can serve court papers - given what people have said about CCJs (and the fact that my last address is the rental house, although there is a mail redirect in place), should I give him this or ignore him?
thanks again 

I ve sent you a pm

Jude57

Grizebeck said:

AnnBoo said:

Hi all, sorry, hopefully a final request for advice on this - he has now emailed asking me for my new address so he can serve court papers - given what people have said about CCJs (and the fact that my last address is the rental house, although there is a mail redirect in place), should I give him this or ignore him?
thanks again 

I ve sent you a pm

Why? Why not just provide the advice on the open forum? Others could then benefit or comment if they have anything to add.

Herzlos

AnnBoo said:

Hi all, sorry, hopefully a final request for advice on this - he has now emailed asking me for my new address so he can serve court papers - given what people have said about CCJs (and the fact that my last address is the rental house, although there is a mail redirect in place), should I give him this or ignore him?
thanks again 

You've got mail forwarding on, right? So he can use your previous address.

DO NOT GIVE HIM YOUR NEW ADDRESS. Because what'll stop him showing up?

If you do need to update an address, then get a PO box or something, it just has to be servicable and reach you.

FlorayG

Let him serve court papers ( if he actually does and isn't just trying to scare you) to the address he has already. Then, if he actually does, start looking into the legalities of the father/son ownership/landlord agreement...I suspect you will find something dodgy ( and possibly unintentionally, many landlords are ignorant of the law) which you might want to advise him of - but only in extremis, please just ignore him until you absolutely HAVE to respond
Do you have written evidence of the potential increase in rent? Would that have put the rent well above market rate? If so then that would also be evidence in your favour

RAS

He's probably hoping to get a judgement because you don't defend the case. So come back re the timescales. Might be a bit tight if the paperwork is posted just after the Christmas deadline. You need to acknowledge promptly. Then you've got time to put your defence together.

saajan_12

AnnBoo said:

Hi all
I'd really like some advice on this if possible!
The situation is that I left my rental house a couple of months ago. I applied for the return of the deposit via the deposit protection scheme. The landlord didn't engage with this process at all, to the point I had to put in a statutory declaration. Again, no response from him, and the DPS notified me that they would now return the deposit.
On the same day, I had an email from the landlord saying I had 'prematurely claimed back the deposit', with a list of things wrong with the house 

While it would have been easier all around if the LL responded in time for the DPS, there's no actual obligation to do so. The DPS has served its purpose in returning the deposit to you so the LL doesnt' run off with it. The LL is perfectly entitled to claim legitimate property damages within 6 years of finding them, its just now he has to go via court instead of just deducting from money he holds. 

AnnBoo said:

On the same day, I had an email from the landlord saying I had 'prematurely claimed back the deposit', with a list of things wrong with the house and attached invoices, for things like replacing the ensuite shower (a leak in the pipe that had, according to the plumber, been leaking for years), fixing the fences and gate (they were in no worse state than when I started renting the property), painting the whole property - now in one room the paint was damaged as my son had used tape on the walls - I expected a deduction for this and would have paid it. I took videos of the property when I left it, but I dont have any of it when I moved in. 

If there are legitimate damages in that list which the LL can prove are more likely that not, then you'll likely end up paying them one way or another. Letting it go to court may mean more time / hassle for you to be fully prepared and show your side of the evidence, while a settlement might be quicker. So I WOULD recommend engaging at least to see if you can offer up part of the costs 'in full and final settlement'. If it doesn't work after a couple of back and forths then pay nothing and let it go to court. 

AnnBoo said:

Today I have had another email, threatening legal action to recover the deposit and the 'loss of rent for 3 months', as they have had to do work to repair the house before renting it out again, as well as his legal costs. 

Well the deposit is now irrelevant, its an arbitrary figure which is now returned. The loss of rent (while I think unfair for a severely damaged property) is the LLs' problem; I don't think there's any presedent for awarding this. The legal costs are up to a judge but I think its unlikely since the LL chose not to use the free option via the deposit scheme arbitration. 

AnnBoo said:

Is he likely to get anywhere with this in the claims courts, given that he didn't engage with the deposit protection scheme?
Is the onus on him to demonstrate that the repairs needed were due to damage I caused (which I would absolutely refute)

Q1 - Yes for the damages part, not the other threats. He doesn't actually have to engage with the deposit scheme, but he can't end up claiming more because he didn't. 
Q2 - Yes, its up to him to prove on the balance of probabilities. There might still be a grey area where your proof would tip the scales back though. 

penners324

AnnBoo said:

penners324 said:

Block his emails and phone number. If he's that desperate wait for the court paperwork.

Keep checking your credit file with Credit Karma, Clear Score & MSE Credit club though just in case he serves the notice at your old address

penners324 said:

Block his emails and phone number. If he's that desperate wait for the court paperwork.

Keep checking your credit file with Credit Karma, Clear Score & MSE Credit club though just in case he serves the notice at your old address

Im having my mail redirected from that address to my current one for the next year - does this cover this?

Checking your credit file is good practice anyway, the above providers are free to use and have apps.

Though Keeping checking for a spurious CCJ is definitely worth it.

m0bov

Just ignore, he is trying to change it.