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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 7897
Experience:  Owner at James Bruce Solicitors
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I am just wondering whether it is worth taking my ex-tenant

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I am just wondering whether it is worth taking my ex-tenant to the small claims court. I have received the bond of £850 from the Deposit Protection Service after I stated my case. I am still out of pocket of at least £1,200 plus all my time cleaning the property. I did mention this to the ex-tenants and they have sent a legal type letter saying they will contest any claim (I think they have got a legal friend to write it). Is it worth the court fees for this amount? Kind regards
JA: Where are you? It matters because laws vary by location.
Customer: The property in question is in Barnsley but I live in Huddersfield.
JA: What steps have you taken so far?
Customer: I must admit to sending a text with photos of how dirty the property is. But I have now blocked their numbers and won't be contacting them again unless by letter, which is what their letter said they were doing.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The property is up for sale as I don't think I can go through this again. It has now been completely redecorated and carpeted. I rent out two other properties and have been a landlord for 10 years and never kept any of my tenants deposit before.
Customer: replied 6 days ago.
File attached (QP11S5M)
Customer: replied 6 days ago.
The attached is the limited 500 character per item submission I made to the Deposit Protection Service

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 6 days ago.
Their letter states 'In summary, we reiterate that we will strongly contest any claim brought by yourselves. We consider that we have already compromised in this matter by waiving our right to the return of our deposit, despite the basis of that waiver being unsupported by the facts. We regret that our highly satisfactory tenancy of your property for six years is concluding in this way, but trust that we have set out our position abundantly clearly.
Customer: replied 6 days ago.
I don't really want to spend any more money on this matter if I can help it.
Customer: replied 6 days ago.
Hi, are you still looking into this matter?

I can see what you mean,

Really the choose is yours .

The court may or may not find in your favour.

A claim of £1000 -£1500 will cost a court fee of £80

If you win you add that to you case and claim it back. If you loose then a further £80 down.

Only you can decide whether to let ot go and just move on.

Customer: replied 6 days ago.
thank you for your help. If I lose, is it only £80 or do I have to pay more. Their letter says they will request an in person hearing and claim for lost wages for attending
Customer: replied 6 days ago.
Hi, I am confident that I would win the case as I have all the evidence and all they have is that someone who looked around the property when it was originally for sale in January said it was nicely presented.
Customer: replied 6 days ago.
Should I write them a letter 'without prejudice' asking for what I think they owe me before I start proceedings?

Both sides pay their own legal costs.

The person bringing the action (you);can claim your court fee.

The winning side can Cali. Reasonable costs for travel loss of work

Customer: replied 6 days ago.
Thank you so much for your help. Should I write to them first before issuing proceedings and give them chance to settle out of court?
Customer: replied 6 days ago.
Hi, just wondered if the letter was a good idea or not? I was going to base it on the Tenancy Agreement conditions and how they have breached them.

Yes ypu would need to send them a formal letter before claim.

I have attached a template letter.

Customer: replied 6 days ago.
Thank you so much. You've been brilliant.

Can I assist or clarify anything further?

Customer: replied 6 days ago.
If I send this letter, do I have to go through with the claim?

No not at all, it just puts them on notice that you are willing to go this route. The letter is a requirement if you want to make the claim.

Customer: replied 6 days ago.
Thank you it doesn't seem entirely applicable in parts, do I just make it so that it applies?

Yes adapt as needed

Customer: replied 6 days ago.
Many thanks.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 6 days ago.
Thank you so much.

Your welcome.

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