scai Posted May 22, 2009 Report Share Posted May 22, 2009 I had a previous tenant who signed AST with me (paid a deposit) for one year from May 2006-April 2007. At the end of the contract, he received his deposit with cash from my new tenant. This was their private arrangement (both of them from Poland) while I was acting as a witness. In the end, I returned the deposit (a cheque) to the new tenant at the end of contract. During the period of these two contracts, one of first tenant friends continued to stay as a sub-tenant of the new principal tenant. Unfortunately they didn't getting on well; the sub-tenant had to give up the sharing and move out the house later. However, the new principal tenant possessed his deposit, but claimed he didn't receive the sub-tenant's deposit. Obviously, the principal tenant took an advantage of that there was no any record to show that the sub-tenant paid him any deposit. Last year, this sub-tenant went to the court, trying to claim his deposit from me instead. But his claim was dismissed by the court. After the court hearing, I then realized that he actually contributed half of the deposit to my previous tenant. Since then, he and his friend (my previous tenant) phoned me a few times, asking me to help them to claim back his deposit from my new principal tenant. I decided not to be involving their dispute as the deposit transfer in between was their private arrangement. However, I was surprisingly to receive a Claim Form from our county court again. This time the claimant is my previous tenant who claimed that the landlord (me) didn't want to give back his deposit when he moved out the house on 30 April 2007. He is just a liar. I am aware that he was trying to double claim the deposit as I don't have evidence to show how I gave back his deposit. Now I would like to defense myself and am intending to counterclaim. I think the only chance that I could win the case would be to use evidence from the last court hearing provided by the sub-tenant, who contributed half amount of the deposit. But previous tenant claimed full amount of the deposit. I also can only provide evidence to show I gave back a deposit to the new principal tenant. I should appreciate it very much if you could help as I am an inexperienced and temporally private landlord. Thanks. John Link to comment Share on other sites More sharing options...
heebs Posted July 8, 2009 Report Share Posted July 8, 2009 Hi John.. sorry to read of your stress and difficult situation. I firmly believe that any transactions involving assets should be written...when the new tenant paid the old tenants deposit, as you were a witness you should have asked the old tenant and new tenant to sign to say such a transaction happened and that the old tenant signs to say he had received £x amount back as his deposit for your property. Then court would have been no problem. Hopefully the Judge will be able to see through the fraud... all the best heebs Link to comment Share on other sites More sharing options...
scai Posted July 9, 2009 Author Report Share Posted July 9, 2009 Hi John.. sorry to read of your stress and difficult situation. I firmly believe that any transactions involving assets should be written...when the new tenant paid the old tenants deposit, as you were a witness you should have asked the old tenant and new tenant to sign to say such a transaction happened and that the old tenant signs to say he had received £x amount back as his deposit for your property. Then court would have been no problem. Hopefully the Judge will be able to see through the fraud... all the best heebs Thanks, Heebs. Actually, the claimant withdrew his claim sometime ago after receiving my defending letter. Best wishes John Link to comment Share on other sites More sharing options...
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