Retaining Tenants Deposit

[Rwhitaker]

One of my tenants left a property I own and is now taking me to court to claim back the £440 deposit I have retained to cover underpayment of rent (£110) plus, cleaning, replacement of oven, other repairs. I also lost 6 weeks rent having to delay new tenants entry due to the cleaning and repair work I had to undertake. The small claims court had to pass this to our local court and they have now transferred this to the court 'local' to the ex-tenant - due to a 'story' she told regarding her daughters inability to travel and her being a 'key' witness in disputing the way they left my property.

I tried to resolve this situation amicably and have a number of letters as evidence of this, however she has refused and dug her heels in - she wants all the money back. Out of principle and in view of the fact that the whole purpose of deposits is to protect the landlord from losses incurred (I have reciepts and photo's) I am not prepared to bow to her wishes and will travel the 180 mile round trip and defend my actions in court.

Can anyone provide me with any specific advice to help ensure I win and retain what I honestly know is legitimate? All I seem to read about is 'rogue' landlords holding deposits unfairly. On the basis that the court have already adhered to her demands to move the court hearing I am concerned that I will be 'tarred' with the same brush as some landlords and that I stand a good chance of losing the case.

The cleanliness of the property in my word against hers and she claims she never used the oven which I had to have condemed due to the dirtyness of it. I do however have a declaration from the previous tenant who has written a letter to state what a good landlord I was and that the property was in excellent condition when they left.

All help and ideas in terms of how I handle this in court would be much appreciated. Also, how do you rate my chances, have any of you been through this before as 'reputable' landlords? Would i be pushing my luck to make a counter claim against loss of earnings for the day I spend at court and the travel expenses I incur? Thanks

[kerbut]

I always take photos when they go in (including the interior of the oven),when I do an inspection and when they leave. Make sure you have the date on the photo, I also give the tenant a receipt for the photos (receipt dated) and they sign it also so I have a copy with their signature

[Rwhitaker]

Thanks for your advice, I've taken photo's pre the new tenancy and on other ocassions, but sod's law due to pressures I was under at the start of the tenancy I'm holding the deposit on, I never had the opportunity to take them this time around (Tenant was moving out on the day the next moved in!) Without dated photo's I only have references from other tenants and a letting agent validating my 'fairness' and 'standards' as a landlord. Has any landlord been to court and won the right to retain the bond?. Will the judge be unbiased or do they usually class the landlord as a 'rogue' and the tenant as the 'victim'?

[Webb]

I think you may be pushing your luck anyway. As a defendant, I guess you will have to prove to the Court with bills and receipts etc. for your costs why you have withheld that amount of what is the tenant's money. If your costs total less than deposit, you should at least pay back the difference and take it from there. If more, you may be in a better position and could make a money claim for the total you're owed, but don't expect to get it.

I don't think you are on the high ground here and even if you were, the best advice I've received is to put your losses behind you and get on with the business of the next tenant.

[Melboy]

Even if you don't win and I hope you do.....do what Tenants do to Landlords after winning their Court case....still refuse to re-imburse the Landlord!

I gave up after 2 years of trying of ever getting my £800 owed to me back.

[SPEEDTWIN]

I might be wrong but i`m sure i was told that if you are the defendant in a small claims court case you had the right to have the case held where you want so if that is the case and you are all ready prepared to travel 180 miles to her, change it to a court in the oppersit direction and make her travel 360 miles.

bet she wont turn up

[philipjm]

Not a good idea to ignore the court order and not repay the tenant. You will have a CCJ in your name if the balance remains unpaid after 14 days of the court order.

Without seeing all the documents and items in your possession I wouldnt like to comment on the win/lose situation but if you have a decent inventory prepared at the start of the tenancy and signed by the tenants this will help.

[GPEL]

Good luck Richard. You problem highlights the need for a schedule of condition of the property signed by both parties at the start of a tenancy. State in the text that any damage identifed at the start of the tenancy, and not already listed on the inventory, must be reported in 48 hours or the inventory will be taken as read.

[Rwhitaker]

Thanks for all your comments and advice, much appreciated. I do have the receipts for work required (more than the deposit) and photo's of the dirt/cobwebs and damage. Although she claims that the property was like this before she moved in I think I have a case in that the tenancy agreement states it is the tenants responsibility to report any problems/defects/repairs to the landlord - she didn't because there weren't any issues when she moved in.

The worry i have is that i've already challenged the transfer to a court of her 'choice' and the judge has responded by saying transferring back will delay matters and he has therefore decided it stays there, sounds to me like he's already taking sides perhaps?

Anway, it's all a learning exercise and although I'd have paid her half the money back if only she'd have been willing to discuss the issue I'm now adament I should stand my ground.

I can't believe that just because people have investment properties that others beleive they have a right to use us as a charity! The court hearing is towards the end of the month - I'll post the result and let you all know how I get on.

Regards, Richard

[Webb]

Good luck! If you can prove you're owed more than deposit and do as the court instructs, you should be in with a chance. But in my experience it would have been better to have got in first, as a plaintiff making a money claim.