SMF - Just Installed!

Deposit and court case costs

Started by Jouria, March 10, 2025, 08:11:00 PM

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Jouria

Hello, I need some guidance, please.
I have been served S21 on 23rd of September 2024. Landlord is selling the house. I am single mother, Universal Credit, couldn't find landlord who would accept me. In November asked council for help (Barnet) to find the place. Nothing happened.
Last week received papers from the court.
I asked for advise lawyer, he checked documents and by his judgement all looks right from the Landlord's side.
Now, landlord warned me already that they will be claiming costs of the court case from my Deposit. I can't afford that.
Should I or should I not fill in Defence form?
I started to do that paperwork and put the information explaining my financial situation, but how does it look from the experience/law? If court will decide that I won't be paying costs - what is your experience on that, is that possible - can Landlord still try to take the money from my deposit?
Also, if I found new place, can I ask Landlord to withdraw the documents from the court? Will that still cost?
Any advise, please

jpkeates

If the case doesn't go to court, whether or not the landlord can claim the cost of the notice will depend on the wording of the contract and the deposit prescribed information. They can make the claim and you might be able to defend it. The answer is usually no.

If the claim goes to court, the court will decide who should pay the court costs, which would normally be the losing side (which sounds like it will be you) and then, again, depending on the wording of your tenancy agreement and deposit documentation the answer is likely to be yes.

Good luck finding somewhere.