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  • Landlords in Distress

    Taken to court for not using DPS!

    Hi,

    Apologies if this has previously been a topic.  New to the site and cannot see this topic1

    An ex-tenant that left my property a year ago has filed a court claim against me for not putting his deposit in a protection scheme but no deposit has changed hands!  He has amended the section that states 'bond' which I left blank on the tenancy agreement to say £650 .  In total he is claiming that I have taken 7 bonds in 5 years!  In short he is claiming £14,000 over 5 years plus expenses.  I've filed my defence using bank statements as evidence of the rental income he paid which was £520 pcm there's not one payment in for £650 over 5 years.

    The court case is due 10th April.  Any advice please????!!!!

    John

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    What a load of old nonsense.

    It's a tenant trying it on.

    If you can prove that you did not take a deposit, then you have nothing to fear.

    Make the tenant aware that you will be making a robust defence against his claims, and, that when you win, he will be liable for all the court costs.

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    Sounds like it is the tenant solicitor that's driving this.  One of the no win no fee ones.  I believe the tenant does not have any money to pay court costs!

    His rent was always in arrears or missed a few months then paid 2 months rent.  I have evidence of all the rent he has paid into my bank over the five

    year period which is lead than what he is saying on the original tenancy agreement copy he has which he can have only altered himself!  This lank

    tenancy agreement I downloaded in 2013 for free and is no longer available to download for free.........he can only have changed the monthly rental figure

    himself.  The deposit section of the form I left blank as I didn't take one.  Unfortunately as this was 5 years ago I don't have a copy of the tenancy agreement.

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    You should keep your tenancy agreements for 6 years (or 12 years if signed as a deed). https://www.landlordlawblog.co.uk/2018/05...d-tenancy/. I don't think the

    You should be prepared for your tenant to say he paid you the deposit in cash so your bank records are useless.

    Do you have a receipt book you used at the time? If you can show you issued numbered receipts and there wasn't one for hos deposit then that would look good with the judge.

    Otherwise you should be ready to ask him to produce a receipt for the money.

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    Relax, go to court with your evidence and, if he turns up, state your case and then when you win ask the judge to refer the matter to the police for fraud and apcj.  Your evidence will be key.

    Good example of why everything to tenants has to be in writing without ambiguous texts, undocumented phone calls, etc. Things will, imo, only get worse as the no win no fee boys jump on the unintended consequences of the h(fhh)a.

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    Andrew McCausland

    Hamilton Square Estates Ltd

    Wirral Property Group Ltd

    Sourcing and renovating investment property since 1994

    It's the tenants solicitor that is driving this.  One of the new win no fee ones?!  The evidence I have is all the payments the tenant has paid to my bank account over the last 5 years and a copy of the blank

    tenancy agreement that could only be downloaded in 2013 for free!  Tenant has submitted evidence of original tenancy agreement with monthly rent of £650 and deposit of £650.  I left the deposit section of the 

    agreement blank as I did not take one. My bank statements show the monthly rent of £520 which was often hit and miss and in arrears. Unfortunately I do not have the original tenancy agreement as it was 5 years ago!

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    As a rule it takes me longer to strike out and annotate , sections of forms that don’t apply as it does to fill the bits in you need, ( preprepared inventories are especially a pain)but you’ll have your copies of all the agreements you’ve both signed so the tenants alteration will be clearly visible. Scan and send him a copy of your original.

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    I don't have copies of the tenancy agreements as it was five years ago.  I have evidence of the payments the tenant made over the 5 years he was in the property which is less than the figure he is claiming.

    I also have copies of the blank tenancy agreement which could only be downloaded for free in 2013.  I believe the tenant has alterted the tenancy agreement.

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    Hi,

    I work in a solicitors and I strong suggest you seek legal advise. Find a solicitor's firm that offers legal advice against CCj's and fraud.

    If what you're saying is true, then the ex-tenant has no leg's to stand on. But you need a solicitor to portray your evidence for you. Please for the love of christ do not represent yourself in court. This could be the make or break factor in weather you with or not. A solicitor will be able to understand the situation and provide the court with the evidence in the correct manner which will win you the case.

    And as above, ask your solicitor to request that the judge passes the case onto the police for fraudulent purposes. DO NOT LET THIS SCUMBAG GET AWAY WITH IT.

    T

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    Hi,


    Thanks for your reply.  Already approached a few solicitors and the general reply from them has been the case is too far gone, will cost thosands to have representation and advice to represent myself

    and submit the evidence that I have got which is proof of his monthly payments over the last 5 years and a copy of the bank tenancy agreement which could be downloaded for free in 2013 but not now.

    I believe the tenant has filled in the deposit section of the tenancy agreement.

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    Just to be clear, you do have an original signed by the tenant without the deposit section filled in?

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