How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alex J. Your Own Question
Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3763
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I may have a tenant take me to court as due to an oversight

Customer Question

I may have a tenant take me to court as due to an oversight the deposit was not protected. If this happens what are the repercussions as well as costs involved in case of a court case?
Submitted: 16 days ago.
Category: Law
Expert:  Alex J. replied 16 days ago.

Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the tenant leaving the property - have you since bonded the deposit or returned it to the tenant? Kind regards AJ

Customer: replied 16 days ago.
The tenant has left the property and the deposit amount has been returned back already
Expert:  Alex J. replied 16 days ago.

Thank you. The rule under the Housing Act 2004 S.214 used to be that the court had to award damages of three times the deposit. The wording of the section has now been changed sightly - to say "The court must ... order the landlord to pay to the applicant a sum of money [ not less than the amount of the deposit and not more than ] three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order."

There is a risk that they can claim damages against you - and as this is done through the N1 Small Claims process the costs are fixed costs- so if they won you would be liable to pay roughly £100 of their costs. Have they issued proceedings against you? Kind regards AJ

Customer: replied 16 days ago.
thank you...
nothing yet has been done by them.
If this does land up in court, what are the expected court charges/expenses?
Expert:  Alex J. replied 16 days ago.

Thank you. You wont have to pay anything to defend the claim unless you engage a solicitor. They will have to pay the court fee etc.

Are they just threatening at the moment? Kind regards AJ

Customer: replied 16 days ago.
Expert:  Alex J. replied 16 days ago.

Thank you. Are they demanding any money from you? Ultimately they have their deposit bank so I am not sure there is any merit in corresponding with them further - they will either bring a claim or they wont (as is their prerogative). If they do bring a claim they have to be prepared to accept all the work and consequences accepted with that. Kind regards AJ