Hi everyone, we have spent quite a lot of time carefully reading all the post we could find on similar cases here. We are new to the UK so not 100% up to speed on the Laws here and seek your help please! Our former landlady who was a resident landlord (hence no protection under any TDS and thus it was not an Assured Shorthold Tenancy) is we fell unfairly/unlawfully withholding part of our tenancy deposit. Her reasons for doing so have also changed a few times too and dispute numerous attempts to resolves this we are now at the point of sending a Letter Before Action along with a draft copy of the N1 form which will include the following Statement of Particulars which will hopefully give you a good insight to what has been happening. FYI, there was no check in or check out inventory done, nor are we aware of the stains which she claims were on this mattress. In fact we don't even think that the photos that she subsequently sent are of the same mattress that was in our room. (There are four other rented rooms in this house all which we think might need new beds too!) Our question is are there any Acts or Case Studies we should be reference to in this statement of particulars or is it just all done under common law? Plan to file this in the next few days so quick replies gratefully received Mike IN THE SOUTHEND COUNTY COURT BETWEEN XXXX, THE TENANT (CLAIMANT) AND XXXX, THE LANDLORD (DEFENDANT) PARTICULARS OF THE CLAIM I XXXX claim the sum of £150 plus interest, being the unlawfully withheld amount of the £250 security deposit which I paid in cash on 19th May 2012 under a tenancy agreement of premises at 24 XXX Leigh on Sea, SS9 XX. The tenancy was created verbally by an agreement made on 19th May 2012 made between XXXX, 24 XXX, Leigh on Sea, SS9 XX, the landlord, and XXXX, 28 XXXX, XXXX, CB11 XX, the tenant. The periodic tenancy on a month by month basis was commenced on 19th May 2012, at a rent of £450 per calendar month, payable monthly. The tenancy was amended verbally on or about the17th Nov 2012 when the landlord gave her permission for the tenant’s partner to also occupy the property. Additional compensation was offered by the tenant to address any additional cost but the offer was declined by the landlord and the monthly rent remained the same for a dual occupancy of the room. The tenancy was terminated on 26th July 2013, by notice given by the landlord via text stating that she required the room for her family due to the pending birth of her grandchild and that the room would be required to be vacated not later than the 19th August 2013. The Landlord also offered the opportunity to vacate the room earlier than the required 4 weeks’ notice with a suggested departure of two weeks which fell on the date of 9th August. On confirmation that in addition to the security deposit refund, the portion of the unused monthly rent, that being for the period 9 August until 19 August 2013 would also be refunded which equated to the sum of £150 the landlords offer was accepted with a mutually agreed termination date of 9th August 2013. On 31st July 2013 a further text was received by the landlord stating that she had a change of mind and would not be refunding the unused portion of the rent irrespective of an early departure. The landlord’s reasons for the termination of the tenancy at this point also changed as she now stated she needed the money due to the departure of another tenant. The tenants had some concerns over the deteriorating nature of the relationship with the landlord and her behaviour and in light of this the tenants considered that their private property including specialised work equipment and clothing to be at risk, they vacated the room on the 1st August 2013 advising the landlord of the same. One week later on the 8th August 2013 a refund of £250 was deposited into the tenant’s bank account by the landlord. This is shown on the tenant’s bank statement. On 9th August 2013 the tenant advised the landlord that the security deposit had been received in her bank account however the balance of the unused rent for the period 9th August to 19th August 2013, namely £150 was still owed. On 12th August 2013 the landlord advised that her position had changed again and that now she was withholding £150 against the security deposit claiming alleged stain damage to the mattress supplied in the room. This was queried by the tenant. On 19th August 2013 the landlord sent via mail, two digital photographs dated 9th August 2013 showing an image of a portion of a mattress with some staining. The tenant advised the landlord on 27th August 2013 that they have no knowledge of the stain shown in the photographs and has never seen them before and thus accepts no liability. The tenant questioned in any case the landlord’s position that the mattress was no longer operational or functional thus requiring replacement. Furthermore the tenant believes that given the considerable age of the mattress supplied in the room, the apportionment calculation proposed by the landlord which equalled the disputed £150 was in any case excessive and that the landlord was seeking unlawfully to use the tenancy deposit to effectively discount the purchase of a new item of furniture for the landlord’s betterment. The tenant has been chasing repayment of the full £150 from the landlord but without success. The tenant has sent a letter before claim to the landlord on XXth September 2013. AND the claimant claims: The outstanding tenancy security deposit being the sum of £150. Interest pursuant to section 69 of the County Court Act 1984 at an annual rate of 8%. Costs.