Dear Members

I think I have a new angle here on a former tenant trying to claim back deposit not from the deposit protection scheme but the small claim court

In brief gave tenant notice to quit due to the fact he was subletting his room in a HMO to his brother. The brother had a party in the garden and I received a number of complaints.
I caught the brother parting and asked all to leave the property and next day issued notice to quit in writting and email to the tenant
I followed this by giving notice for a room inspection.
This was ignored and I entered the room 4 days later to inspect to find damage to a bed , wardrobe and plastered wall.
I compiled the above with photos and descriptions’ stating was only going to return half of the deposit due to damage and cost of repairs.
The tenant first response was wear and tear but then admitted damage to wall.
I then left the matter awaiting a response or acceptance of my offer then to be served with a country court claim
I did advise the tenant on the DPS and how they worked but I do feel he is now being just vindictive as he will know most landlords don`t want CCJ`a against them

What do I do ?

Regards
Keith

It seems that due process has been circumvented here, by the sounds of it.

When you checked the tenant out of the room, you should have undertaken an inventory to compare how the room was when you let it, to how the room was when he vacated.

The inventory would have provided the evidence and documentation so that there was no quibble.

If the tenant agreed to this, then you should have got him to sign the inventory and refunded half of his rent. End of story.

If the tenant did not agree with your deductions, and you could not come to terms, then the tenant should have raised a deposit dispute with the DPS.

I think the big question here is ... Did you have an inventory?

If not, you will be very hard pressed to justify your deductions imho.

Why did the tenant not raise a dispute at the time?

Whether he is being vindictive or not, if you do not have an inventory, he may have a strong case against you.

Many landlords seem to under-estimate the importance of an inventory.

(29-10-2012 01:12 AM)keith_belgrave Wrote:  Dear Members

I think I have a new angle here on a former tenant trying to claim back deposit not from the deposit protection scheme but the small claim court

In brief gave tenant notice to quit due to the fact he was subletting his room in a HMO to his brother. The brother had a party in the garden and I received a number of complaints.
I caught the brother parting and asked all to leave the property and next day issued notice to quit in writting and email to the tenant
I followed this by giving notice for a room inspection.
This was ignored and I entered the room 4 days later to inspect to find damage to a bed , wardrobe and plastered wall.
I compiled the above with photos and descriptions’ stating was only going to return half of the deposit due to damage and cost of repairs.
The tenant first response was wear and tear but then admitted damage to wall.
I then left the matter awaiting a response or acceptance of my offer then to be served with a country court claim
I did advise the tenant on the DPS and how they worked but I do feel he is now being just vindictive as he will know most landlords don`t want CCJ`a against them

What do I do ?

Regards
Keith

You either defend the claim or pay up. If a the court find against you and the claim is settled within 30 days I believe it will be removed from your record. Vindictive or not the county court is a legitimate option for a both a tenant or Landlord to refer if they don't wish to use the DPS.

I agree with John, there is no obligation on either party to accept the DPS arbitration/ADR service.

You won't get a CCJ if you
1) Settle before court; or
2) The court agrees you are right; or
3) Pay within 30 days of judgement and get a certificate of satisfaction

I disagree with Vanessa about due process being circumvented, ADR is in addition to the tenants right to pursue through the courts, though you may want to read up of the CPR overiding objective which essentailly states that parties should try to keep matters out of court. It won't result in the case being thrown out, but may favourably sway the judge if argued correctly.

Thanks for commenting Dave.

For clarification, I meant that if the check out process had been adhered to, then it is unlikely that this scenario would have arisen, as it would have been dealt with at the time of check out.

(29-10-2012 01:12 AM)keith_belgrave Wrote:  Dear Members

I think I have a new angle here on a former tenant trying to claim back deposit not from the deposit protection scheme but the small claim court

In brief gave tenant notice to quit due to the fact he was subletting his room in a HMO to his brother. The brother had a party in the garden and I received a number of complaints.
I caught the brother parting and asked all to leave the property and next day issued notice to quit in writting and email to the tenant
I followed this by giving notice for a room inspection.
This was ignored and I entered the room 4 days later to inspect to find damage to a bed , wardrobe and plastered wall.
I compiled the above with photos and descriptions’ stating was only going to return half of the deposit due to damage and cost of repairs.
The tenant first response was wear and tear but then admitted damage to wall.
I then left the matter awaiting a response or acceptance of my offer then to be served with a country court claim
I did advise the tenant on the DPS and how they worked but I do feel he is now being just vindictive as he will know most landlords don`t want CCJ`a against them

What do I do ?

Regards
Keith

Was the amount of the deposit you intended to deduct in your offer less than the damages or were the damages more than the deposit amount (accounting for wear and tear and whether items were new?

In both cases, by taking photos and noting down descriptions you have already built a good case for yourself. Also, if the tenants' admission was in writing it should be relatively straightforward.

However, if the damages were more than the initial deposit, you could also issue a counter claim for the full amount of the damages as the tenant didn't accept the offer.