Hello All
I have a dispute with my former Landlord
where I had been renting on an Assured Shorthold Tenancy basis for the past 8 years and 5 months (from April 6 2005 to September 5 2013).
The dispute has arisen since I moved out, due to my deposit of £1000 being refunded less a deduction of £102.50
as the Landlord has claimed I caused damage to the Bathroom basin, which I dispute as
when I moved in there was already damage in the basin which was highlighted in a tenants inventory at the time we moved in.
The Landlord has via an email on September 4, 2013 written the following:
"If you feel it is unfair then you obviously have the right to apply to the courts for an application against the landlord/ourselves for unfairly withholding your deposit."
This situation is further complicated by the fact that the Landlord never registered my deposit with any of the Government backed tenancy deposit schemes.
His belief is because my last lease, (which ran from December 6 2006 until June 5, 2007 where it lapsed to a periodic tenancy until I moved out on September 5 2013)
began before the tenancy deposit rules came into effect that he was not obliged to protect the deposit.
I have since spoken on several occasions to to shelter.org about this situation,
who have advised me that I have a case against the Landlord for not protecting my deposit based on the case of Superstrike Ltd. vs Rodrigues 2013.
In this scenario do I have a case to make a claim in the small claims court for the return of my full deposit and compensation of up to 3 times the deposit for compensation due to non protection of the deposit, and if so can someone point me in the right direction?
Each time I spoke to shelter.org it was with a different adviser and I got a differing perspective
e.g. on the last call I was advised to send the Landlord an N208 form which had not been mentioned the previous times I had spoken to them
and from what I have read on this forum where an N208 is required the small claims track cannot be used.
I have read the various posts/sticky regarding TDS claims but my particular scenario seems to be unique and most of what I read seems to from several years ago.
Apologies for the long winded post as I have tried to be accurate and include all the facts. Any advice would be most appreciated.
Regards Scara