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Dispute after leaving the property

Started by AI1989, May 20, 2017, 12:44:22 PM

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AI1989

Hi all,

A long time lurker to these forums, and any help to my query would be gratefully received.

I have recently moved out of a rented property into another one with a different landlord. Approximately four days before I left the previous property I discovered that the landlord hadn't protected my deposit or served the prescribed information in accordance with s.213 of the Housing Act 2004. Whilst I would have been happy to let this go, the landlord is now claiming for the full deposit amount owing to damage to the property etc.

As a result I sent her a letter before action stating that I would like the full return of the deposit and two times the deposit as allowed under the act in order to be fair and reasonable. I appreciate that existing landlords have quite strong views on this, but her behaviour at the end and immediately after my tenancy has ruined what was a quite amicable relationship up until the point she asked me to leave her property.

In response her solicitor has sent me a letter stating that they do not accept the claim, although they are willing to offer the full return of the deposit?! The solicitor's letter is riddled with mistakes, for example stating that there is no claim under s.214 of the act because failing to provide the prescribed information is not covered. This despite my citing case law through my very basic use of google e.g. Suurpere v Nice or Ayannuga v Swindell.

The claim of damage to the property is completely unfounded, and I am happy to argue that point in court if it ever got to that stage. For example she claims that she tried to contact me on multiple occasions to discuss this, but she can't provide any evidence to back that up. Indeed some of her claims are not only incorrect but outright lies. For example, she has said she has tried to contact me to resolve the dispute. Yet, the text message I sent to her three days after we moved out asking if there were any issues was read, but was never responded to - the joys of iMessage!

She is also claiming that because the rent was paid late on a few occasions, she reserves the right to counterclaim on that basis; for the number of days it was paid late at 8% above base rate. I freely admit that in certain months the rent was paid late, by no more than 2-3 days. However it was never in arrears i.e. a month behind, and at the time I left the property not a penny was owing. Throughout the tenancy she never exercised her right to add a late fee to the rent, she didn't even raise it saying she would. Her communications to me were a reminder that the rent wasn't in her account.

My question is, given that I was never in arrears, I left no monies outstanding to be paid and she didn't exercise her right to add a late fee during the tenancy, does she have any legal right to do so as a counterclaim? In your experience ladies and gents is there any case law which you have knowledge of which would make it clear for both parties as to where we stand on this issue, i.e. has a precedence been set which could be argued in court?

Thank you for your time!

A.

Simon Pambin

I think they're aware of the weakness of their case but they're desperately hoping you aren't! Section 214 of the Act is pretty clear on the subject: "Where a tenancy deposit has been paid in connection with a shorthold tenancy, the tenant or any relevant person (as defined by section 213(10)) may make an application to a county court on the grounds— a)that section 213(3) or (6) has not been complied with in relation to the deposit..." (where 213(3)  is the protection and (6) is the prescribed information.) http://www.legislation.gov.uk/ukpga/2004/34/section/214

If it goes to court they know they'll lose, so they're trying to make their position look stronger (or less weak!) before they start negotiating. What did your tenancy agreement say about the landlord's right to charge interest? If it's not in the contract, she can't retrospectively claim it. Even if it is, how much are we talking about? £50-£100 maybe? It'll cost her that much every time she gets her solicitor to write to you. You, on the other hand, can write back every time for little more than the cost of a stamp. Reject their offer, re-state your claim, lay down the law (literally!) and wait for them to come up with something more reasonable.