Small claims dispute landlord - is the deposit a cost?

[MagMorris]

A small claims where the flat was uninhabitable and rent withheld. The tenant incurred 8,500 of costs but thinking of keeping it to 6,000 as with the deposit of 4,000 would then = 10,000 maximum for claims. But the deposit is held by the TDS who release it if the tenant wins the case so it is separate, i.e. not currently with the landlord. So can the tenant claim 8,500 of costs (offset against rent arrears of 7,000) and request the 4,000 deposit be returned or will the small claims court say it is 8,500+4,000=12,500 so too large for small claims court?

[efpom]

I found your writing and calculations difficult to understand. But it seems that the claimant claims his losses against his landlord for the period when he was prevented from living in his home, because the property was uninhabitable.

The claimant would have to prove that the premises were uninhabitable. If he can do that, then no rent is payable for the period when he could not occupy the property, and he has a claim for the money he spent of "putting a roof over his head" and a claim for distress and inconvenience. That sum is those sums, - minus rent that would have been payable, if the property not had been uninhabitable.

In my view, the statutory deposit holder, is not entitled to withhold payment pending the outcome of the case against the landlord.

The deposit is tenant money, held by the statutory deposit holder and is to be returned to the tenant at the end of the tenancy, less any deductions that the landlord can prove entitlement to. The claimant thus has a separate right of claim against the deposit holder.

Your usage of the word 'costs' to mean loss, is apt to cause confusion. costs in legal proceedings means a party's cost involved in making the claim, normally from preparing to issue proceedings, issue of proceedings and prosecuting the claim to judgment.

[2222]

I don't think you need to include the deposit in the claim at all. It's money held by TDS as stakeholder. If the court awards in favour of the landlord in the main claim, the deposit will go to meet what you owe him. Otherwise, it will go back to you.