Advice on N208

[Mr Pipps]

Why on earth should your landlord offer you anything more than the original deposit, in full and final settlement? Do you think that he has a legal obligation to offer you more? I am at a loss as to why either you, or a Judge, would expect such a thing?

 

You now ask if your landlord can claim against you for repair costs, in response to your claim. To answer your question, I must ask you, has he at any point formally lodged a counter-claim in response to your original claim?

 

If he didn't ever lodge a counter-claim originally, then he can collect all the witness statements under the sun. It can amount to nothing, directly, if he has not made the requisite counter claim.

 

But please, if this proves to be the case, and it would appear that your landlord indeed has no direct recourse to claim for repair damages against you, then do not go blabbing this back to him in response when you next have the opportunity, as so many inexperienced litigants tend to do. You would only be giving your game away to him. Remember, silence is power. Instead, if this does turn out to be the case, as I suspect it probably will, then you should simply make a detailed note for your court file, and then remember to mention the point calmly and politely in your defence, should the matter ever be brought up at the final court hearing.

 

I would say wholeheartedly that your Judge's recommendation to settle the matter outside of court is entirely inappropriate. Why on earth would you do that, when the Housing Act provides for a punitive resolution, which the landlord is under no obligation to meet, outside of any official direction.

 

So in summary, on the basis of what you have so briefly described on this thread, it would seem that you would do best to simply ignore what both the Judge and the defendant are saying at this stage, and continue forthright with your original claim.

 

Also, it would be nice to know what the outcome of your previous online enquiries has been. Did you pursue the normal money claim route, rather than the possession claim route, after all?

[want to be a happy Tenant]

I have filed using the N208 few months ago. and my hearing is not far off. My LL has not made any counter claim yet but is saying that he will do one if I go to the court and do not accept his offer of original deposit only!!

Edited July 30, 2009 by want to be a happy Tenant

[Mr Pipps]

If I were in your position, I would be thinking to myself that the defendant probably doesn't even know what a proper counter-claim is.

[want to be a happy Tenant]

My LL has offered me the original deposit only. I have not accepted his offeres so now he is saying that he will submit counter claim and will claim for loss and damges I have made (which is completly untrue) during the tenancy, his time for attending the court etc.

 

Can he claim any money through counter claim.

 

Does he not have to submit separate claim for damages etc. if he wishes to ??? As this claim is for TDS non-compliance and it is submitted by me.

 

for info: I left the place in much better condition than what was given to me.

 

I am not worried that he is trying to counter claim but as he is untruly trying to claim damages and trying to scare me. So I wanted to know that is it that easy for him to do? Does not he also have to go through the new claim process if he wants me to scare!!!!

[DisgruntledTenant]

 

Does he not have to submit separate claim for damages etc. if he wishes to ??? As this claim is for TDS non-compliance and it is submitted by me.

 

 

My understanding is that he cant, and I believe his counterclaim will actually strengthen your position. Remember its just another consequence you as a good tenant has had to go through as a result of him not abiding by his statutory requirements as a LL.

 

See Stankova v Glassonbury (2008) | Deposits | Case Law

 

Note the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies.

 

In other words, why should a tenant have to pay for legal advice, spend time preparing etc when there is a perfectly good and free service provided by each of the TDS's and the only reason you cant use this free service is because the LL hasnt met his statutory obligations.

[want to be a happy Tenant]

Hi DisgruntledTenant,

 

thanks for the reply. Could you please reply to the PM I sent you,

 

regarding the details of 6 TDS cases that you have. plz reply soon.

 

My understanding is that he cant, and I believe his counterclaim will actually strengthen your position. Remember its just another consequence you as a good tenant has had to go through as a result of him not abiding by his statutory requirements as a LL.

 

See Stankova v Glassonbury (2008) | Deposits | Case Law

 

Note the judge accepted the tenant’s argument that the award was a strict liability penalty, and that consequently there was no provision for counterclaim for outstanding rent arrears or other arguments about the return or retention of the deposit on the basis that a statutory scheme included arbitration for disputed about returning or retaining deposit monies.

 

In other words, why should a tenant have to pay for legal advice, spend time preparing etc when there is a perfectly good and free service provided by each of the TDS's and the only reason you cant use this free service is because the LL hasnt met his statutory obligations.

[DisgruntledTenant]

Hi DisgruntledTenant,

 

thanks for the reply. Could you please reply to the PM I sent you,

 

regarding the details of 6 TDS cases that you have. plz reply soon.

 

Did you not get my email?

[Mr Pipps]

DisgruntledTenant is absolutely right.

 

Any counter-claim would be an entirely separate matter altogether, and could not be netted-off against the sums which you as tenant would stand to be awarded due to the landlord not meeting his TDS obligations under the Housing Act.

 

Furthermore, if I were a betting man, I would wager that this landlord would never actually go to the trouble of submitting and pursuing a counter-claim, following the court awarding you the TDS penalty. He will just cut his losses and move on to the next unsuspecting tenant, rather than try and wrangle any further with you. Base human nature.

 

Good luck!

[want to be a happy Tenant]

Thanks for the replies.

 

But I am suspecting from his e-mails to me that he is going to prepare a letter addressing to the judge mentioning all the untrue damages and losses etc. but with witness statement etc. even the though the matter he is making up is completely untrue but unfortunately there are people who would write and sign for him.

 

Is there any offcial rule that I can refer to point out the fact that he can not claim any money therough this cliam as it was submitted by me. And he will have to file a separate one if he wishes to..

Edited August 14, 2009 by want to be a happy Tenant

[want to be a happy Tenant]

Update: Its my hearing this week, to discuss and get advice I have created new forum for Hearing. Please find the link below.

 

http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/218621-advice-hearing.html