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Defending Tenancy deposit compensation claim
Summary:
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.
I know I didn't fulfill 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
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.
I know I didn't fulfill 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
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