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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi Alex We have issued a County Court summons to our former

Resolved Question:

Hi Alex
We have issued a County Court summons to our former landlord because he did not protect the deposit we didn't know this until he tried to withhold £250 for painting that he claims needed doing........when we disputed this it then became apparent he had not protected the deposit and even though he has admitted This in writing he has now issued a defence and counter claim for over a £1000 of work he said needing doing, this is the first time I've heard of these claims and I am not worried about them because I have photographic evidence and a text from him thanking me for leaving the flat so nice!!! am I wrong or right to assume that my original summons was for NOT protecting my deposit as required by law and to leave my claim as this with no major explanations of who did what with regards ***** ***** flat cos it's the non registering of deposit that is the crime here nothing else ?
Would appreciate your comments and thank you very much in advance.
Casey
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hi Casey thanks for asking for me
Alex Watts : Do you still have those texts?
Customer: Hi Alex,
Alex Watts :

Hello

Customer: I have emails galore where landlord is asking for £200 of the deposit because he needed to touch up paintwork and because we didn't agree with even this small amount we said we wanted the Deposit Scheme Arbitrator to decide and that's when it became apparent the deposit was never put in a scheme, when asked about this the landlord eventually admitted that he hadn't used the scheme, I do gave a copy of that email........Now I thought that because he has failed to do this he had to now return all my deposit and on top of that a judge could award anything up to 3 times that original amount, end of story so to speak......Is this not the case ? also we had to supply a guarantor so why has the landlord never approached the guarantor for money that he claims we should pay?
Alex Watts :

If the deposit has since been protected you can't claim x3, but if it still continues to be unprotected then yes you can claim x3.

Alex Watts :

The fact the Landlord has never approached the guarantor is a non issue

Alex Watts :

Is there anything else you want to know?

Alex Watts :

Are you there?

Customer: All of this became apparent after we had moved out so from moving in to
Customer: the property to 6 months and us moving out he didn't protect it, and it's now a year down the road and he still
Customer: hasnt given us a penny of it back either.......hence the county court claim, which he has now paid £70 and issued a counter claim and we are getting worried cos we thought non protection of a deposit was in defendable really........ we aren't really worried about the x3 just want our £625 dep and court costs back......
Alex Watts :

Yes. You just want to issue proceedings for your deposit?

Alex Watts :

What is it you want to know about this now?

Customer: Hi
Customer: Hi again, sorry, We have issued the County Court Summons and he's now put in a counter
Alex Watts :

Yes, I understand that part

Customer: claim which has really thrown us, and quite naturally worried us but he has never ever mentioned wanting £1000 from us before and I have every single email we've sent each other where he offered us £435 or the £625 but once I found out that he hasn't registered the deposit I then decided not to accept anything and to take him to court for payment in full.......he wrote and withdrew his offer of £425 and said he'd see us in court........As far as I'm concerned his counter claim shouldn't even be an issue because not putting the deposit into a scheme is breaking the law and that should be that........Am I right in thinking this? that is what I want to know...... Many thanks
Alex Watts :

Yes you are right.

Alex Watts :

If he hasnt protected the deposit you can claim x3 against that

Alex Watts :

In any event it will be a small claim

Alex Watts :

Either party needs to file and serve documents 14 days before any small claims trial

Alex Watts :

So you need to gather all the evidence and prepare for any trial which will probably be months away

Alex Watts :

Does this help you?

Alex Watts :

The Landlord will need to show on balance that the sum is due from you

Alex Watts :

He brings that part of the claim so has to prove it

Alex Watts :

Does this help?

Customer: Thank you very much.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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