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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Last December, I verbally agreed to move into houseshare but

Customer Question

Last December, I verbally agreed to move into houseshare but no contract or any other paperwork was ever signed by myself or the landlord. I paid a month down and a deposit totalling £840.00. After only a couple of weeks, I phoned the landlord to let him know I was moving on, explained why & he then verbally agreed to give me my deposit back. On my day of departure, he arrived late, was nervy & agitated and declared that he didn't have have my deposit with him because of 'money issues'. I asked him to put it writing that he would return my deposit ASAP which he did and he duly dated & signed that document also. On that document, he was clever to put 'only if the room re-hires in January' but I believe/certain it did. Because of my fears & his behaviour that day, I started a Small Claims case against him immediately. After 6 months, time, effort & money, my case was dismissed by a judge in court last week. I feel let down by the whole process and I believe the very reason why I started the case in the first place was never taken into account i.e. the landlord never had any intention of returning my deposit & ultimately lied to steal my money + the only ever dated signed document was the one he wrote. The cost of appealing is £115.00 so please can you advise? It's not a massive amount of money I know but justice was not done & I'm willing persue this only if there's a real chance? Regards
Submitted: 4 years ago.
Category: Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones : Hello - my name is Leanne and it will be my pleasure to assist you today.
leanne-jones : On what basis was the claim dismisssed?
JACUSTOMER-8lou11sq- :

That there was an initial verbal agreement which there was because I moved in of course & the

leanne-jones : Yes. But why did the judge dismiss it, because he didn't believe you?
JACUSTOMER-8lou11sq- :

To sum it all up. I moved in, was given a contract with a one month notice after

JACUSTOMER-8lou11sq- :

the initial term of 2 months. I didn't sign that contract so there is no legally

JACUSTOMER-8lou11sq- :

To sum it all up. I moved in, was given a contract with a one month notice after

leanne-jones :

OK. You can appeal if:

leanne-jones :

1) There has been an error in law, or

leanne-jones :

2) There has been an error in procedure, or

leanne-jones :

3) The decision made was one which no reasonable Tribunal could have made

leanne-jones :

Here you want to appeal the discretion of a Judge which is very difficult.

leanne-jones :

I fear that the cost of the appeal together with if you lose (you would be responsible for legal costs of the other side) would mean this is expensive.

leanne-jones :

As such only if you have the above grounds should you appeal.

leanne-jones :

Does this answer your question or can I assist further today?

JACUSTOMER-8lou11sq- :

Yes thanks. So what you are saying here is essentially...drop it??? What about

leanne-jones :

I can not tell you what to do, the decision is yours. I can only give you grounds to appeal.

JACUSTOMER-8lou11sq- :

What about a complaint as I feel my case i.e. the landlord lied, deceived me etc???

leanne-jones :

I agree morally its wrong, but it is so very hard to win an appeal.

leanne-jones :

You can not appeal on the merits - there must be one of the errors above

leanne-jones :

I am sorry as I know this is not the answer you want, but I have a duty to give you an honest answer

leanne-jones :

However please remember to give my answer a good rating. You are not rating whether the answer is the one you want, but the quality of the service I have provided you with today. Thanks

Expert:  Nicola-mod replied 4 years ago.
Hello,

I'm very sorry but leanne-jones is no longer available to answer questions. I've been working hard to find another Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola