[scousedolly]

Hello im wondering if anyone can help? My previous landlord, who lived in the house, i went to citizens advice and they tell me that we are Excluded Occupiers, there was 3 of us plus the landlord living in this accommodation.
We moved out after been given one months notice. We were looking for somewhere to live anyway. Upon leaving the property, he called the police saying he feared for his life! We had packed up the van and were handing in the keys, believe me the man was a total prat.
One of the lodgers went back later that day to retrieve all of the deposits. The landlord had deducted monies from 2 of us and not the 3rd person. Saying that just 2 of us had caused damage. How can he prove that he did not cause this damage. And why did he not deduct from all of us?
The damage he says are a nail which had dislodged from the bare hall stairs and landing floor boards, a scratch in the dishwasher which was a good few years old. Communal bath room door had been slammed, the window in the bathroom did not lock completely because the seal had worn down and not been replaced. Burnt the rack under the oven, the steal one.
The hall stairs and landing banister was so unsafe it rocked. I have photos of this. There were holes in all of the walls where he had tried to put in a aerial sockets in and in the living room there was a gaping hole with wires unsafe hanging out, i also have photos of this.
The damage was not inside of any of the rooms we occupied, it was in the communal areas.
Is there a time limit i cannot pursue this?
How much does a court case cost for this type of case, if any does anyone think we have a case?
I would appreciate any experiences or help from anyone!
Many thanks.

[Bluey]

You will find the Shelter website very helpful about how to get a deposit returned, including a sample letter to give them a final chance to pay up before taking them to the small claims court.

There should be info on the HM Court moneyclaim online site about the process and cost.

My understanding is that the courts tend to side with tenants where there is no inventory as this provides proof of the condition of the property and any changes between the start and the end of the tenancy. As you bring the court case, it's up to the landlord to prove and justify their deductions.

Good luck. Let the forum know how you get on.

[scousedolly]

Thanks for the advice, will let you know how we get on!!! x