I absolutely agree with shiverkitten about the cleaning charges, the problem is that we live in a litigious society and going to court is seen as the best option settle it soon cut the cancer !!

vak

Someone more knowledgeable will be along with detailed correct information tomorrow morning (or earlier). In the meantime: the costs for claims under £1500 are capped at something in the order of £120 or £150. (For claims above £1500 the cap is 10%) The costs are the combination of court fees and litigants' expenses (the total for both sides*). So essentially the maximum that can be lost (or charged) (in addition to the £400 or £650 that is in dispute) is £150. (Court costs are typically about £50.)

As I said, these are ill-informed ball-park figures from my memory from a couple of years ago. The basic principle is sound but please await more accurate data from someone less anachronistic.

But as Vak said, remember that you have no guarantee that if victorious the defendant will pay the money back at more than a few pounds a month (if at all.) As is often illustrated on these forums, there are hideous numbers of ways for miscreants to avoid paying their debts. (Hang on. You're the ones with the money anyway.)

(BTW, where does your landlord live? I can clean a whole house for a lot less than £250! That's the sort of nonsensical claim from a landlord that creates this sort of bad situation in the first place. (Yes I know there are many evil tenants who trash and destroy properties. But that is not what you are claiming). Tidying and cleaning a property does not cost more than fifty quid, for goodness' sake.)

* Doh. Obviously it's just the winners' expenses that are charged. The losers have to pay their own way.

Hi

This is a civil dispute where the district judge has to decide on the balance of probability ie he needs 60% proof that the landlord withheld deposit so the claimant the ex tenant has the upper hand. However the respondent can make a counter claim and if the landlord wins the judge can award costs. As you are involved, try and negotiate an out of court settlement by acting as a mediator between the two parties. Try and settle matters using common sense, how about paying £500 to £550. Remember you got the house back which is more important and you can always cover your losses with future rental income and property appreciation. So tell your friend to cut his losses and settle promptly, do inform the court if a settlement is reached, don't quibble about a few hundred pounds, look at the larger picture. Even if your friend wins, he is not assured that the tenant will pay up then what, the whole thing will make him lose sleep and cause irritation. Never get into protracted legal disputes.

Hope the advice helps

vak

A friend of mine (landlord) is being taken to small claims court by his ex-tenant for not refunding their deposit. The landlord withheld the deposit £650 but offered £400 instead. This was because it cost him £250 to clean the house after the tenants had left. They are taking him to court for the full £650 as they claim he didn't tell them soon enough (1-2 weeks after their departure) that it was dirty(!) He has written evidence from the tenants confirming that they will leave the premises clean and tidy and photos of the house after their departure (not clean at all). Can he claim for a days wages for attending court? (How)? Will he have to pay costs if the judge orders him to pay the £400 he was willing to pay anyway? Any advice gratefully received. Thanks.