LL refusing to acknowledge deposit

[Huntlee]

Good afternoon,

 

I have served notice to my previous landlord that I intend to take legal action to recover my deposit and a penalty as decided by the courts. I gave him until 23rd June to respond, which was 16 days. I got a response today (24th) saying he has responded within time and that he is going to use a solicitor to defend this action.

 

I am concerned that if I take him to court and lose I may be liable for his legal fees on top of costs. How would I stand with this?

 

I don't have a receipt for the deposit but do have the following:

 

1. Deposit protection certificate showing it protected late

2. Letter from him offering to use the deposit in lieu of rent

3. Further letter from him saying I hadn't commented on 2.

4. Schedules of payment showing the deposit amount

5. Letter from him saying "this will negate the general cleaning requirement for which we are entitled to deduct sums from the deposit".

 

In total I have at least 9 documents detailing a deposit. I also have a large pile of correspondence from him denying we paid a deposit, Facebook posts calling me a tw@t, sod and idiot regarding the deposit and a letter saying he will deduct 50% of the deposit unless we agree to his offer.

 

We have tried to reason with the LL regarding the deposit and its return but just get arrogant responses to the effect of "sue me if you dare!"

 

Any advice gratefully received

[mariner51]

If SCC accepts the case, as plaintiff you are limited to ~£1-200 for defence costs if you lose. If it is referred to full County Court, losing will incur much higher defence costs

Has deposit been returned with or without deductions for alleged T damage?

Did you pay deposit in single lump sum or over what period of time after start of AST?

[stu007]

Hi

 

As you have a Deposit Protection Certificate showing your deposit was protected late, have you contacted them to confirm they have your deposit and to claim your deposit back from that scheme?