Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

[Staceface42]

Hey,

I'm looking for some advice on how to fill out a small claims form. I've looked at the notes etc and I understand the basics but there's a few things I'm unsure about.

In brief details of claim, it is obviously brief, is it just stating what the claim is and what I expect to gain? Is there anything particular I need to put in?

In value, the only value I have is my bond plus 3 times that amount however I wish to claim for damages also but I have no idea how much to say for that, would the court just not decide that?

In particulars of the claim, I have written a 4 page statement, however I think obviously this is too long and I think it need to be full of legal jargon.... :/

I really need help with this. I'm sorry for seeming so dim guys, I'm not honest, I have just never come across small claims before.

I have been to see a solicitor however the changes in legal aid mean that they cannot advise me in this area. I've also been to see CAB who have said I need specialist advice rather than them =/

Please help me. I can go into detail about the case if needed.

Thanks in advance.

[FlamingParrot]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

Hi and welcome!

You have to provide a little more information to be able to assist. Would be good if you could tell us the nature of your dispute with your landlord and why you want to claim your deposit plus 3 times the same amount. From 2007, deposits have to be protected under the official scheme. What sort of damages do you intend to claim for? A bit of history goes a long way! :typing:

There's a nice and very helpful landlady onboard :yo: who knows a lot about housing issues but you'd have to tell us a bit more.

[Staceface42]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

Hey =)
sorry, oh gosh the story is endless haha. I'll try and shorten it as much as I can.

Moved in April last year. Bond was never put into a tenancy deposit scheme. I fell behind with rent in October so she 'used the bond' as Octobers rent.

I was also late with payment in November and December. I'm a student you see and my student finance hadn't come through due to a fault on their part. However, I spoke to her all throughout this and emailed her contact that I had with them and dates etc. She seemed 100% fine about it, I even suggested to her that I'd understand if she had to evict me.

In December I came home and she was in the house and I was locked out. She demanded the money there and then which I obviously couldn't do. She had locked my puppy outside so I collected her and went to my boyfriends house. Tried ringing the police, wouldn't do anything because it was a civil matter. She was telling me that I had been served notice 60 days ago which was a lie (and she later admitted). she said all my things would be in the garage for collection at 6pm the next day.

I eventually persuaded her to let me back to collect some things, I had medication in there and I suffer from severe panic attacks at times. She wanted me to go alone but I told her I couldn't carry everything on my own. I took my boyfriend, his dad and my mum. I got there and she pulled me inside and locked me in with my family outside, they were banging on the door to let me out whilst her and her daughter were screaming wheres the money at me. My boyfriend started to ring the police and the landlady told me she'd seen the few Xmas presents under the tree (from charity shops) and food in my fridge and freezer (bought from my mum) and seen red. She eventually let my family in. My mum gave her £60 to bring me to under the 2 months overdue rent (if you include the bond). I informed her the security alarm trips the electric downstairs so not to use it, gave her my keys and left.

2 days later she rang me crying saying how sorry she was etc. She said that if I moved back she would waive the 3 months rent and give me my bond back, agree to repairs and give me a new 6 month tenancy agreement, with her address, payment details etc as the old one didn't have all of that. I stupidly agreed because i had nowhere to go, I was stressed enough as it was and it was close to Xmas. I asked for all this to be written up in a signed agreement. I got back to the house, the electrics were off, all my tropical fish were dead, all my food was off. She just said sorry and left. My cat also went missing due to all of this and hasn't come back as of yet.

She met me in a car park to sign the tenancy agreement, which was the wrong one yet again. She wanted me to pay on the 1st, I told her I get paid on the 7th, she was fine with this. February, she gave me a another new tenancy agreement, a correct one this time. I paid on the 25th, again which she was fine with, however I can't live in this house anymore, I've put deadbolts on the doors for when I'm in, and when I go out, I leave the key in the front door and go out of the back. I'm scared and I financially can't afford the house anymore and I can't let her down again. So I gave her 2 months notice, to end on 30th of April.

She got a solicitor to tell me I could leave if I pay April and March on time, now she knows I can't do this, I will pay her, I just can't before I leave. So apparently I have to stay, which I kind of understand because I have a 6 month agreement. However, she has been texting me and my mother sharing my personal business and harassing us both for money, she's not even a guarantor. I have tried to solve this amicable however the solicitor has told me that my 'version of events are not being accepted as true' and that I 'will not intimidate him the way I have tried to intimidate his client in the past'.

I understand that I am rent arrears but I believe that the 'bond' and the £60 my mum paid can be used towards this. I thought me moving out would be better for her too because like I say, right now I'm not in a good financial place. I even offered to advertise the property for her.

I've probably missed loads out lol. But I hope you get the picture, I'm not saying I'm 100% right but she's not even admitting her wrong doing.

[Staceface42]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

Oh, I've now been served with a section 8 eviction notice.

[PlanB]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

There's a nice and very helpful landlady onboard :yo: who knows a lot about housing issues.

Do you mean me :grin:

Hello Staceface I'm both a Landlord and a Mother so I hope I can help you with this sorry situation. My first reaction is that there seems to have been a terrible breakdown in communication which will only get worse if you issue court proceedings. I hope I'm not too late to help you mend fences with your Landlord so this can be sorted out amicably.

The mandatory financial penalty of "three times the deposit" for not placing it into a Government backed scheme was knocked on the head by the Supreme Court three years ago but the myth goes on. Don't count on it.

I'll be back in the morning with some positive suggestions, but in the meantime the stark fact is if you have two months' rent arrears and your Landlord has served you with a section 8 Notice then the court will grant possession of the property unless you can prove you've paid the rent by the time you walk into the court. You can possibly counterclaim for damages but usually only 'disrepair' is considered by the judge.

The most important question is do you want to stay in the property or do you want to move on to somewhere else so long as you're not out of pocket financially?

[wales01man]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

You seem so stressed out with this maybe its time to walk away,i cant understand what your boyfroend his father and your mother were doing when as you say you were dragged into the property with them locked outside i and many others on this forum would be fearfull for your safety would have kicked the door down,that said its obvious your dealing with a very nast evil land lady your decision but look after your self and get out quick

[FlamingParrot]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

Do you mean me :grin:

Of course! Who else?

I knew Plan B would come to the rescue! :yo:

[PlanB]

Re: Small Claims, Landlord/Tenant Dispute, I'm the Tenant, Help Please

I'm looking for some advice on how to fill out a small claims form. I've looked at the notes etc and I understand the basics but there's a few things I'm unsure about.

In brief details of claim, it is obviously brief, is it just stating what the claim is and what I expect to gain? Is there anything particular I need to put in?

In value, the only value I have is my bond plus 3 times that amount however I wish to claim for damages also but I have no idea how much to say for that.

I realize that you've not had your question answered. Before you issue proceedings in court there are certain steps you have to take. The most important one is sending a Letter Before Action (or LBC). You need to tell the person what they've done wrong, how you want them to put it right (and by what date), and what you intend to do if they don't put it right. Here is the information on the relevant Civil Procedure Rules:

http://www.justice.gov.uk/courts/pro...action_conduct

I'm not sure what your (not yet quantified) damages claim will be about but your posts suggest it's your Landlady's conduct during the tenancy. But in February you willingly signed a new tenancy agreement and I worry the court might think things can't have been that bad if you signed up for another six months.

Also be aware that you have entered into another six months contract in February so your Landlady may file a counterclaim for the whole lot if you serve her with a county court summons. At the moment you say she's willing to release you early from that contract with only two months' rent to pay.

Most tenancy agreements contain a clause which stipulates that the deposit can only be used for "dilapidations" and other breaches of contract at the end of the tenancy. Most also specify that the deposit cannot be used for rent. Check what your one says. The reasoning is that tenants can't expect a Landlord to use up the deposit as 'substitute rent' and then there could be nothing left to cover the cost of damage to the property.

I don't want to deter you from issuing legal proceedings if that's what you want to do, but you need to go into this with your eyes wide open to the fact that your Landlady may fight back with a substantial counterclaim which could be greater than your claim.