Took landlord to court for return of deposit, deposit returned but counterclaim ?

[london2]

I was in a tenancy that ended back in July. After repeated, failed attempts to get the landlord to use the dispute service offered by the deposit protection company I had to start a small court claim to recover my deposit. Once the court claim started the landlord then agreed to use the dispute service (without informing me!) offered by the deposit company. However also the landlord issued a counter claim blaming me because she couldn't let the flat for a few weeks after I left, it says I didn't give her enough access to the flat so she is claiming a few weeks rent. I send a defence to counterclaim disputing this. I now have most of my deposit recovered after the dispute service has given it's verdict.

 

Now from the court I have been given a court date and asked to pay £165 court fees. As my deposit is now returned I don't want to go to court as except for claiming costs there is nothing for me to gain and I will lose pay as self employed to attend court which will not be covered by any returned costs. Do I still have to go to court just to defend the counterlcaim even though the original claim is now resolved as I have received the deposit back ?

 

I had a look and the court website and it says I will be liable for any of the defendants fees if I do not pay court costs now. Surely it is not right that we will go to court on just a counterclaim and I have to pay for it ?

 

Thanks in advance....

[mariner51]

There is no indication in OP that deposit was not protected, just LL did not initially want to use ADR service, but later relented and eventually returned the amount determined.

London 2 should contact the Court clerk to say matter has been resolved by ADR, cancel the hearing and try to get Court fee refunded. If not continue with hearing, LLs U turn should guarantee a win and Court fee (+ £100 attendence exp) would be payable by LL.

[Guest rebeltenant]

You are right, my mistake! I interpreted it as if deposit had only been submitted to DPS once a dispute had occured!

[london2]

Thanks for the responses.

Mariner51 is right the deposit was held in the DPS from the beginning of the tenancy. I will write to the court clerk asking for the case to be dismissed. Do you know what happens with the counterclaim if I apply for the case to be dismissed should I refer to it when I write?