Landlord and small claims court help

OpenToSuggestions · 7 Oct 2008 at 11:42

Hi, last year I had a student house and the landlord was utterly useless.
I made a thread but think I need a new one as now I need to proceed to court as I am not getting anywhere.

We left the house, he did an inspection, 4 weeks later he says the bath was broke.
1. We left the house a month before hand and he inspected it then
2. Other tennants were living there now

After many MANY voicemails left to him, a letter sent, and now a recorded letter sent threatening with court action, he has made no effort to respond to any of our calls/letters.

What can I claim??

I am not just after grabbing money, but he has owed me £250 since june, I have had to leave many voicemails, send letters, not to mention the huge inconvenience of all of this. Of course I expect him to pick up the court fees too.

Thing is, I honestly do not know a lot about the above, and need some opinions.

I will be seeing the student advice here when I can but got some projects on at the moment.

My landlord clearly doesnt give a **** and thinks he can steal our deposits (this is £250 per person btw!).

TIA

Freeman · 7 Oct 2008 at 11:50

Have you tried going round and asking in person rather than taking this to court too soon?

growse · 7 Oct 2008 at 11:55

From memory, small claims won't help you unless you can demonstrate that you've tried to settle it reasonably, with an arbitrator etc. So I'd try going round and seeing the guy in person. Failing that, fill out the paperwork, photocopy it, send it to him just to let him know you're taking him to court. Works wonders.

Marf · 7 Oct 2008 at 11:56

If the landlord himself is holding the deposit personally, then he is breaking the law straightaway. Deposits are supposed to be held by a third party.

Shadez · 7 Oct 2008 at 12:01

growse said:
From memory, small claims won't help you unless you can demonstrate that you've tried to settle it reasonably, with an arbitrator etc. So I'd try going round and seeing the guy in person. Failing that, fill out the paperwork, photocopy it, send it to him just to let him know you're taking him to court. Works wonders.

From the detail in his post he has tried to settle the matter outside of a court but the LL isnt even responding to attempts at communication.

Marf said:
If the landlord himself is holding the deposit personally, then he is breaking the law straightaway. Deposits are supposed to be held by a third party.

If he has done this expect 3x the deposit back

Jimmeh · 7 Oct 2008 at 12:01

Marf said:
If the landlord himself is holding the deposit personally, then he is breaking the law straightaway. Deposits are supposed to be held by a third party.

Yep, if the Tenancy agreement was drawn up after April 2007 and the deposit was not held in a tenancy deposit protection scheme, then he is liable to pay the you back 3 times the amount of the deposit.

The landlord ought to have given you confirmation within 14 days having signed the tenancy agreement that the deposit had been placed in such a scheme.
Ask for this conformation now (normally provided in the form of a signed document), if he can't provide it, you have a very good case.

Edit, beaten to it

OpenToSuggestions · 7 Oct 2008 at 12:30

It was signed for in nov06

He has the desposit (99% sure on that).

The landlord is not communicating.
I dont think going round to his house is a good idea as that could be seen as a threatening approach?

Amleto · 7 Oct 2008 at 12:58

There is no need to go to his house. Talk of needing an 'arbitrator' is nonsense. Just fill out the claim form and you can claim costs back if successful

Raymond Lin · 7 Oct 2008 at 13:10

Amleto said:
There is no need to go to his house. Talk of needing an 'arbitrator' is nonsense. Just fill out the claim form and you can claim costs back if successful

Remember to put that in the particulars of claim !

Fuzz · 7 Oct 2008 at 13:17

get on the internet, fill out the form, pay your fee (about £25 - £80 quid) and let the court process start.

Basically if you are threatening him with court action... FOLLOW IT UP!!

nikebee · 7 Oct 2008 at 13:18

Marf said:
If the landlord himself is holding the deposit personally, then he is breaking the law straightaway. Deposits are supposed to be held by a third party.

Only if he moved in after April 2007 though, any time before that and that law doesn't apply unfortunately.

To the OP, do you have any proof that the bath wasn't broken when you left?

What kind of state is he saying it's in? I mean I presume he's not implying it's snapped in half, but I can't see how he could with hold all of your deposit just for the bath?

How many people were living there, has he given them their deposits back?

WrathOfAchilles · 7 Oct 2008 at 13:21

It's only £250.... not worth the bother.

Send him some dog crap though the post or something and move on.

Apopcalyptic · 7 Oct 2008 at 13:29

martinweston said:
It's only £250.... not worth the bother.

Send him some dog crap though the post or something and move on.

250 pounds is quite a significant amount of money to some people, particularly a just graduated student who is no doubt up to his eyeballs in debt.

Surfer · 7 Oct 2008 at 13:31

http://www.moneyclaim.gov.uk/

if it comes to court they do expect evidence that you have tried to settle reasonably with him. Claim ALL your expenses though. Time, hassle, cost of stamps etc

interest rates etc

nikebee · 7 Oct 2008 at 13:38

martinweston said:
It's only £250.... not worth the bother.

Send him some dog crap though the post or something and move on.

£250 is a lot of money to a heck of a lot of people.

I was enraged when I moved out of my old flat and the company/landlord were trying to hold back £360.

Not everyone is fantastically financially well off, and I know that we were depending on getting our bond back when we moved out to pay off some debts.

Luckily we did, and got some extra for our troubles too

OpenToSuggestions · 7 Oct 2008 at 17:44

martinweston said:
It's only £250.... not worth the bother.

people like you are the reason landlords do this

to who asked me about the bath. No proof, yet he says some cleaning had to be done, which one tennant who hadnt done his share before we left, agreed to pay (£80). Landlord said there is a coke can (iirc) sized crack or something in the bath that the cleaner found (IE she broke it I bet!). I was last to shower in the house and the bath, whilst old and crappy, was NOT broken. He added the bath problem on an entire month after he inspected the house.

Landlord is simply taking the absolute ****. I bet he steals deposits every year. The bath problem aside, he still owes me money!!!

I dont need the money, but that is beside the point, its my £250. I went to work for it!

Surfer said:
Claim ALL your expenses though. Time, hassle, cost of stamps etc interest rates etc

Oh I will be.

nikebee said:
Only if he moved in after April 2007

How many people were living there, has he given them their deposits back?

He hasnt given other tennants theirs back.
We paid the deposit in nov06, yet tenancy was july07-june08.
So do I fit into the new laws?

When this issue is solved, I will be knocking on the door of the new tennants and telling them to withhold £250 from their last rent payment.
thanks for all the speedy replies