Small claims court over deposit

6 replies

Italiannonna · 05/09/2018 19:27

Has anyone got any experience over small claims court? Our old landlady is taking us to court soon as she is claiming that we owe her the full cost of new carpet and redecorating her whole house after moving out.
We dispute this as the carpet is described as threadbare and stains and scuffs on the wall when we moved in and we lived there for four years.
I'm not sleeping very well over having to face this woman again who is a bit delusional over wear and tear issues.
I can't sleep though for worrying about it. Does anyone have any experience about it ?

OP posts:

RandomMess · 05/09/2018 19:27

Wasn't the deposit placed in the deposit scheme?

ButDoYouAvocado · 05/09/2018 19:31

If your deposit was protected she should be going through them in the first instance.

If it wasnt protected then she has broken the law and could be liable for up to 3 times the deposit amount.

Regardless, if the check in shows what you say it does then she is talking bollocks so relax.

Parisbun · 05/09/2018 19:32

I think all deposits now have to be in the deposit scheme and if they havent the landlord is in serious trouble.
But yes - we did have some problems years ago with an iffy age who tried it on to the tune of £400 . No way was I having that for a little bit of a scuff mark and a lawn that had grown by the time they inspected.
We were successful and they paid all costs. I was very anxious about this as I hated the thought of paying good money out with no guarantee but I was definitely in the right and did my research first before starting proceedings.

Mumof1DS · 05/09/2018 19:33

Was the deposit protected? Have you received the claim form from the court or has she sent you a letter of claim? Or verbally threatening to sue you? More info needed to advise.

pigsDOfly · 05/09/2018 19:35

I was going to ask the same question. Why is she going to the small claims court surely your deposit would cover this if she has a genuine claim or is she claiming additional money with the small claims court.

What's the position with your deposit? Are you aware that she can't just keep your deposit you have the right to dispute her claim on it and I'm pretty certain she can't claim for normal wear and tear.

If your deposit has not been placed in a deposit protection scheme then she can face a fine and possibly be liable to pay you up to three times the value of your deposit.

AskMeHow · 05/09/2018 19:46

Our old landlady is taking us to court soon as she is claiming that we owe her the full cost of new carpet and redecorating her whole house after moving out.
We dispute this as the carpet is described as threadbare and stains and scuffs on the wall when we moved in and we lived there for four years

Sounds like there was some sort of inventory which described the condition of the carpet, which is good news for you
Fair wear and tear cannot be claimed for, which after four years sounds like what this is
What she can claim for is damage - she will have to prove it (photos etc, descriptions from inventory)
Even if something is damaged, she cannot claim the full cost of a new item to replace a worn one. This is 'betterment' and it is specifically referenced in rental legislation to prevent landlords trying to get money out of their tenants.

Good luck, you've got this!

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