Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

[jr9355]

I shall try and be as brief as possible, and greatly appreciate your help.

I moved to Dundee in June 2013 to study and paid £450 on 3rd June 2013 then £450 on 9th June 2013. The first amount was a deposit, as far as I'm concerned and it's normal practice. I paid each and every month, in full and on time. I had a lease only for the first year, thereafter there was no active lease.

I was plagued by problems. The toilet has NEVER worked. I reported it on 30th June 2013 and a plumber attended on 9th August, but never fixed the toilet. I continued to report the problems but it never was resolved. To flush, I had to put my hand in the uncovered cistern and pull the mechanism up. The boiler failed after 3 months and it took 8 days to get hot water to the flat again.

These are by-the-by - my current problem is that I moved out on 30th June 2015 and agreed that the starting month payment would cover the end rent, however the landlord took an additional £450 in June. He apologised and after a week of chasing him, he placed a cheque in the account. On 1st July 2015, he stopped the cheque saying that the flat was in a poor state of repair. I had two friends who helped me clean it and so I know this is a lie.

I called Shelter Scotland for legal advice and they said to take out a small claims action. They said that the £450 WAS a deposit. It doesn't matter that the lease makes no mention of it - I have the bank statement to prove it was paid twice in June 2013 and I have texts and emails requesting the payments.

The vile, hateful emails that I have received from the landlord are upsetting. He says he is keeping the deposit for damage and will be taking his own court action for more money, as he claimed he would have to put in new carpets. The carpets were beige and already worn when I moved in - so I don't know what he expected. I suspect he's trying to use my cash to redecorate his home.

Legally, can I take small claims action? Does he have any legal leg to stand on? I'm worried that the tenancy agreement (short secured) that doesn't mention a deposit, but I do have proof of the payments. Is that sufficient? I've never taken small claims action before and I'm not sure what I should be claiming for.

Thank you for your time and help.
J

[ostell]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

Have you got a signed inventory for the flat? If not then the landlord is on dodgy ground. He cannot claim for a new carpet from you, that would be betterment.

You should be able to get statement from your firends about the state of the flat that should help a little.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

There was no inventory at all. I requested one, as I've had dodgy landlords in the past - but everything was very one sided; me chasing him and he ignoring me until it suited him. I'm afraid on the point of the inventory, more pressing matters came up (no hot water/no flushing toilet) which took higher priority.

[Crazy council]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

Not having a inventory is more in your favour than against.

Issue him a letter before claim and give them 14 days, see how he responds. Its very hard to claim damages from a tenant for exsesive wear and tear or direct damage, without an inventory done. LL would struggle.

As long as your rent was paid, he owes you everything you have overpaid. He probebly just refusing relying on you not proceeding,

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

Many thanks. I had worried because the tenancy agreement didn't specifically state the deposit, it was requested in cash, but I refused and transferred it by BACS so I have a record of it. I assume he was trying to dodge the responsibility of a deposit scheme and thought by omitting it from the tenancy agreement itself it meant he didn't have to follow the procedure.

I will keep this thread updated with action I take.

Many thanks for your input. I'm sure he will defend it. The email responses I've had have been spiteful, borderline harassing.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

I've just retrieved the lease, and am a bit worried.

The lease states "No deposit is payable for the tenancy of the property. The cost of any diapidations, damage or cleaning of the property at the termination of the lease shall be met by the tenants..."

There are a few things. I signed one lease, the first year. Subsequent leases were not signed because I was angry about the state of repair of the property and they never fixed it - so there was no lease after 30th June 2014.

In filling out the small claims form, should I put the amount I want to claim as the £450 plus 8% interest (plus expenses in bringing the action - or should it be £1350 (3 x the deposit) as per the deposit regulations?

I'm expecting they'll counterclaim for damage, but not only do they not have an inventory, but I took pictures of the state of the place when I first moved in and have these on back up. They said in their email that they will call the previous tenant as a witness (who is a family friend) and the new tenant who saw 'the state of the house'.

I would appreciate some guidance.

Many thanks again.

[Crazy council]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

hi

"No deposit is payable for the tenancy of the property. The cost of any diapidations, damage or cleaning of the property at the termination of the lease shall be met by the tenants..."

does it say he is allowed to tke it from any advance rent. ? Also, you probably paid an advance months rent at the start ( what you considered a deposit ),

Subsequent leases were not signed because I was angry about the state of repair of the property and they never fixed it - so there was no lease after 30th June 2014.

is it a lease or a tenacy agreement, if its a tenancy agrement, it makes no difference, you would be still under the terms of the original one you signed.

Its probebly worth you doing a full bank tally to check what rent you have paid, are you 2 months over paid or 1. You start action with a letter before claim, in that, its best to send him a rent account, showing what he owes you. Tell him if its not repaid in 14 days, you will commence proceedings, and tell him there will be further costs applied if it gets to that stage.

What you said about the boiler, 8 days is not unreasonable, it can be hard to get a plumber to attend inside a week, so i would forget that, the toilet flush thing is different, you will need any records of correspondence over them.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

It makes no reference at all to the amount I had to pay in the first month. It states simply that the rent was due in advance, which is fine. It's the fact he took payment additionally in June 2015. He said this was an administration problem which he had and that's when I chased him for a week to repay it before he deposited a cheque, which he then stopped the day after the tenancy came to an end (1st July 2015)

Tenancy/Lease - I'm confused by the wording on the paperwork. The very first section states "The tenants hereby offer to take...."
But section 1 (right below it) states "1. The Lease will commence on 1st July 2013..."

He knows full well he has taken and kept an extra month. He admits it in his emails, stating that the carpets were filthy etc. It is of course true, but he doesn't make mention of the fact they were well worn and filthy when I moved in! Again, there is no inventory. He said via email that he would bring the previous tenant to court to testify that the flat was left immaculately; again failing to mention that the past tenant is a family friend.

I should have made clear - it took 8 days to get an engineer out to investigate the boiler. It took well over a month to have it repaired. The toilet was never repaired. Those are matters I'll bring up if he wants to counterclaim, but for the time being I'm more concerned about how to get my £450 back. I'm not interested in making a claim for more or trying to financially gain from it - I just want the rent back.

Thanks.

- - - Updated - - -

To be absolutely clear:

I moved in on 1st July 2013. I paid £450 on 1st July 2013. I was then contacted and told to pay an additional £450, which was sent 8th July 2013.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

I've lodged a small claims action requesting 3 times deposit. I suspect they will counterclaim, but without an inventory to prove what was there, and knowing the state the property was in when I moved in, they will hopefully struggle to make it stick. I want to be absolutely clear: I left the property in a better condition than it was given to me. I've found that they've been taken to court no less than 3 times over the last 6 months - by individuals, who I suspect are tenants. I think they do this a lot.

[Rburns]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

I took took a nasty landlord to small claims court.
its really unlikely you'll get the 3 x deposit, because the deposit protection penalty legislation was basically destroyed by a Court of Appeal decision. The landlord could register a deposit before the hearing and get away with it. This was in England though, so it may be different in Scotland. But in any case this would not stop the rest of your claim. You have a good case and the judge in the case would tend to take a reasonable view. If you have evidence that the place was no worse when you left, then the landlord won't get anything for normal wear and tear of the contents. Let them bluster all they want, the judge will just calmly take a common sense view, in my experience.
I would concentrate on just getting your money back and don't spend too much time on justified feelings of annoyance or teaching them a lesson through the courts.
Good luck.

I've lodged a small claims action requesting 3 times deposit. I suspect they will counterclaim, but without an inventory to prove what was there, and knowing the state the property was in when I moved in, they will hopefully struggle to make it stick. I want to be absolutely clear: I left the property in a better condition than it was given to me. I've found that they've been taken to court no less than 3 times over the last 6 months - by individuals, who I suspect are tenants. I think they do this a lot.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

Just an update:

I scrapped the 3x claim and went for the held rent only. I suspect she will try and counterclaim, but I have a defence and proof of correspondence; including a text saying she had made the refund of the deposit (lie) then the returned cancelled cheque which was signed 3 days after she told me she had made the deposit.

The only thing I really regret is not taking pictures before I left, but I suppose it's up to her to prove the damage rather than I having to prove no damage.

I will be keeping the thread updated. 2nd September is the date for return and the second week in September is the hearing.

[jr9355]

Re: Taking Landlord to Small Claims Court - Deposit Scheme / Scotland

Update 2:

Called the Sheriff court today and they have not lodged a defence or counterclaim - no submissions have been received. They have until the 2nd September to make a submission in defence or I can apply for a minute of decree without the need to attend court.

I have a sneaking suspicion that they will wait until the very last minute to respond, but perhaps I'm being paranoid and they have realised their position is untenable. They have 4 working days....