landlord seeking damages

[latecarrot]

Hello

 

I recently moved out of the flat i lived in for two years on the 10th of Jan 2014. The letting agent was closed when i was moving out but the landlord came over to do an inventory. We both agreed on the costs for damages and he removed it from my deposit and gave me the balance.

 

Today i received an email from the letting agent with some other damages and replacement of beds, sofa etc. Things we did not agree during the final checks.

 

I am worried they will apply for a CCJ under my name. All i have is a text from the landlord that says how much damages he was going to remove from my deposit.

 

I have been trying to talk to them all day but have not heard back.

 

Any advise will be welcome.

 

Thank you.

[latecarrot]

bump

[honeybee13]

bump

 

Hello and welcome to CAG. I'm sorry you haven't had any answers so far, but you've only been here for under an hour. This forum isn't all that busy, but I expect the guys will be along later.

 

Please bear with us and I expect they will be able to answer your questions.

 

My best, HB

[latecarrot]

Thanks a lot.

[andydd]

Your post seems to say that you agreed on the damages but then ther next line says you didnt.

 

The point is that when you leave, the depoist will be returned minus damages, if this was agreed he cant then claim there are extra damages.

 

No-one can apply for a CCJ, they first have to start and win a court case which you of course can defend.

 

I think we need more clearer info.

[The Carpet Cleaners]

what you need to do is get in touch with the deposit company yourself and claim back the whole deposit. Then wait and see what the LL tries to dispute. Any amount not in dispute will then be returned to you, and you can then work out the disputed money.

 

But the first thing to do is for YOU to claim back the deposit and not wait for anyone else to do it for you ie agent or LL.

[latecarrot]

Hi Andy

 

We both did an inventory after the tenancy ended and he returned some of my deposit back to me.

 

Two months later I received an email saying I owe £1600 for additional damages such as the cost of replacing the bed, sofa etc

 

I understand I can defend myself against the ccj but not looking forward to the hassle

 

All I have is a text message from him after the inventory which shows we had agreed on how much was to be returned to me.

[latecarrot]

I already got back some of my deposit, the case was closed already. Surely if he takes me to court I can sue him as well for harassment

 

 

what you need to do is get in touch with the deposit company yourself and claim back the whole deposit. Then wait and see what the LL tries to dispute. Any amount not in dispute will then be returned to you, and you can then work out the disputed money.

 

But the first thing to do is for YOU to claim back the deposit and not wait for anyone else to do it for you ie agent or LL.

[BazzaS]

I already got back some of my deposit, the case was closed already. Surely if he takes me to court I can sue him as well for harassment

 

Being taken to court isn't harassment : else no one would start a court case for fear of exposing themselves to action for such, and then the person being sued could counter sue, and counter counter sue .... And so on.

 

You'd need to establish in what way you have been harassed : a persistent course (2 or more distinct episodes) of unlawful behaviour that would cause fear , alarm or distress to a reasonable person.

 

Issuing a claim against someone MIGHT contribute to harassment (such as a vexatious claim ), but equally could be entirely lawful (especially if they succeed!)

[raydetinu]

As far you are concerned it was all finalised with the LL and the matter closed.

and you have proof of that; they cannot come back now and ask for more!

ignore until they actually start any court action. which I doubt.

[andydd]

Agreed..matter is effectively estopped, he cant agree to one thing and then later change his mind and want more money, talk of harresment is just silly though.

[latecarrot]

Okay thanks. I just don't understand how the LL can just make frivolous claims and just get away with it.

 

For example, he is asking for bed frames (£400) but when I moved in I didn't have any bed frames.

 

Sigh

[andydd]

Anyone can start a court claim for any amount and there is little that the defendant can do about it.

 

But there are options, start a strike out/summary judgement claim - this is to get hopeless claims thrown out early, the other side would also have to pay your costs, which could be a few hundred.

 

You can also get vexatious claims struck out and in extreme circumstances, get him marked as vexatious litigant, meaning he has to ask court first before making future claim.

 

In reality though, both parties often throw around claims of harrassment and being vexatious..I have been accussed, but my claims have been legal, non-vexatious and I have generally won.

[latecarrot]

Okay. Thanks for your advise. I honk I'll just ignore him and wait for any court summons.

 

Thanks

 

 

Anyone can start a court claim for any amount and there is little that the defendant can do about it.

 

But there are options, start a strike out/summary judgement claim - this is to get hopeless claims thrown out early, the other side would also have to pay your costs, which could be a few hundred.

 

You can also get vexatious claims struck out and in extreme circumstances, get him marked as vexatious litigant, meaning he has to ask court first before making future claim.

 

In reality though, both parties often throw around claims of harrassment and being vexatious..I have been accussed, but my claims have been legal, non-vexatious and I have generally won.