Tenancy deposit claim

[Cadburry]

My house consist of a main house and an adjoining studio flat, which has a separate entrance and council tax but shares utilities (electric and water) with the main house.

In Jul 2021 We were going to Pakistan for 2 years. I Rented out my only residential property, which was subject to Consent to let condition from the bank.

Tenant was introduced through a friend, a few days before we were leaving. We negotiated the conditions and then I left for Pakistan. Tenant asked to pay the deposit in installments over two months and also to use that deposit in painting the house. I didn't not protect the deposit in any scheme.
At the end of tenancy period he refused to leave the property. I returned him his deposit then start the possession process.
My mortgage provider said if I don't get back into the property by the end of CTL period, they will hold me in breach of mortgage contract and this could lead to cancelling our mortgage product.
The fear of losing home made my partner very sick and was diagnosed with Seronegative Arthritis.

The tenant got infuriated on possession claim and he disconnected the electricity from the main house.
I involved friends and family to resolve this issue but he stays adamant.
I approached the police, fist they were amused that how come tenant can harass the landlord. And then they said if a landlord disconnect the electricity it's harassment but if a tenant does the same it's a civil matter and can be dealt by the court only.
I got the possession back after 10 months and he kept the electricity disconnected for the whole period. I lost £1000/month in rental income (10k in total).
Now the tenant made a court claim if £15000 for not securing his deposit.

I want to know if I can defend the claim on any grounds.
The tenant has already caused me so much financial loss, stress, anxiety. My partners is on lifelong medication. The damage he has done to the house, the amount of left over broken furniture in the house, in the garden, front yard full of rubbish they left, and also rent for the last month they spent in the house.
I know I didn't fulfil my obligation but it wasn't intentional. We were already struggling with finances and settling in Pakistan that securing deposit completely skipped my mind.


Any help would be greatly appreciated.

Many thanks

[atticus]

If you did not 'protect' the deposit by paying it into one of the deposit protection schemes then the court must order you to pay compensation of between 1 and 3 times the amount of the deposit.

My advice to you would be to counterclaim for all the unpaid rent and the damage to the house.

[islandgirl]

You will also need an entry and exit inventory to prove damages. Without this, making any claim for damage will be difficult...

[Cadburry]

Hi, Thanks for the suggestion and advice, we did recorded everything on the day when the bailiffs secured the property and gave us the keys. We had a neighbour with us as a witness. I hope that would help.

atticus, I didn't fill the counterclaim form unfortunately, instead i filled defence form but I did attached a defence statement and mentioned everything.

I now need help with filling the Direction Questionnaire and I would also like to know, If the court fined me lets say 3 times of the deposit, do i have to pay it in one go? What if I am jobless and already struggling with debt/loans, house running cost and paying rent at my current residence (i cant leave it before the contract ends, its not one year yet) and mortgage of my house (since i cant rent it out). In short I am struggling financially, I might be able to pay in instalments but not in one go.

[islandgirl]

Thank you for the reply - you recorded it when the baliffs secured the property but did you record the condition when the tenants moved in?

[Cadburry]

No we didn't. But then the house was only two years old. We re-build the house from the ground in 2018/19. When they moved in they only asked for the paint. Everything was practically new. The main damage is the water damage caused by bathroom leak in the room next to bathroom and downstairs in the living room ceiling.
Can I still argue about the loss of income caused by him disconnecting the electricity for 10 months, last month's rent, and the truck load of rubbish, discarded furniture, and other stuff that he left and i had to arrange people to clean it all up.
I am more worried about the fine, will I be able to pay it in instalments?
Also do I have to contact him to negotiate to settle the case before hearing? What shall I offer him?

Many Thanks

[islandgirl]

Please stick to this one thread - I have mistakenly answered on your other. You can counter claim I believe but the tenant has a right to claim 3 x the deposit. Have a look at the Landlordzone forum.