Tracey is a tenant who is having problems getting her tenancy deposit back. She has consulted the blog clinic. Here is her story:
I am a tenant going through this exact scenario at the moment. My landlord first claimed that I hadn’t paid a deposit then when I proved I had paid a deposit of £1,100 he went on to list things that were wrong at the house amounting to round about £1100. Most of these were fabricated.I have put in a claim against him as he didn’t protect my deposit, for £3300.
My ex-landlord then suddenly filled in the court papers with a claim amounting to £3900 worth of damages at the house. Unfortunately, as I was on very good terms with him when I lived in his property, I didn’t take any photos or anything before I left. This has cost me £140 so far.
Today I received documents from the court giving a court date in October and requesting another £325 to be paid by 12 July. The papers also state that documents such as photographs, invoices & estimates should be provided.
I am concerned that that the court is just going to fight out what actual damages were justified and make him pay me the balance of the original deposit of £1100, which, with the court fees, will probably leave me out of pocket. I’m now wondering if I should go ahead with this case?
Now you have started it you will need to carry on as if you pull out now, the counterclaim entered against you will continue anyway. Judges are generally very sympathetic to tenants in your situation and your landlord already has a black mark agaisnt him for failing to comply with the tenancy deposit regulations.
However I am afraid you are not going to get the award of three times the tenancy deposit sum as is explained in >> this post here.